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4 Jun 2024, 9:32 am by Guest Author
This was the position clearly taken by the Court in 1940, in United States v. [read post]
30 May 2024, 11:46 am by Jonathan H. Adler
Sotomayor: 6 Kagan: 4 Alito: 3 Kavanaugh: 3 Barrett: 3 Jackson: 3 Thomas: 2 Gorsuch: 2 CJ Roberts: 1 There have also been two per curiam opinions, and some cases are likely to be merged into a single opinion (e.g. the two Chevron cases, Relentless and Loper-Bright will almost certainly be decided in a single opinion). [read post]
24 Apr 2024, 11:27 am by admin
Another multi-district litigation (MDL) has hit a jarring speed bump. [read post]
18 Apr 2024, 7:49 am by Dan Farber
  If the Court overrules Chevron this year, that will be another step down the same road. [read post]
28 Feb 2024, 6:36 am by Guest Author
And scholars, like Thomas Merrill, have noticed how most of the opinion does not seem to follow from the two-step standard of review. [read post]
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 9:05 pm by renholding
 In the companion Loper Bright and Relentless cases, the court considered the possibility of overturning Chevron v. [read post]
23 Jan 2024, 5:50 am by Michael C. Dorf
Their argument was that Brand X is a necessary consequence of Chevron (presumably for the reasons that Justice Thomas articulated for the Court in Brand X itself)--and that this shows that Chevron is wrong. [read post]