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4 Nov 2017, 6:58 am
Somers gives the Supreme Court a chance to rein in a particularly inappropriate use of the Chevron doctrine, under which courts give deference to agencies’ interpretations of law [Ilya Shapiro, Harvard Law Review blog] The last few years have of course seen renewed attention — academic, judicial, and journalistic — to the question of whether courts have become altogether too deferential to executive agencies. [read post]
19 Jun 2016, 9:05 pm
Supreme Court should clarify whether agency has discretion to ignore any and all costs in designating Endangered Species Act habitat [Ilya Shapiro and Randal John Meyer on Cato certiorari amicus in Building Industry Association of the Bay Area v. [read post]
26 Jun 2019, 9:05 pm
Ilya Shapiro explains: All nine justices agreed that courts need to work harder to ensure that a regulation truly is ambiguous before giving the agency re-interpreting it any sort of deference. [read post]
14 Oct 2016, 3:01 am
Ilya Shapiro and Devin Watkins: In a case out of California, two citizens were taking pictures of border crossings from public sidewalks of what they believed were environmental problems and unlawful searches. [read post]
17 Jul 2018, 2:59 am
“Why It Was Proper (and Necessary) to Overturn Old Precedent” [Ilya Shapiro and Aaron Barnes, Cato, earlier on Janus v. [read post]
27 Dec 2017, 4:35 am
Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and others weigh in on National Institute of Family and Life Advocates v. [read post]
20 Aug 2017, 9:05 pm
Mike Lee (R-Utah) [Ilya Shapiro, Cato] “Occupational licensing should not be used to keep honest Americans out of work” [Clark Neily, The Hill] Video of Heritage panel on the subject with Maureen Ohlhausen of the FTC, Alex Tabarrok, Paul Larkin, and Dexter Price [Marginal Revolution] “The Massachusetts Supreme Judicial Court has allowed an employee to pursue a disability discrimination claim based on the use of medical marijuana. [read post]
10 Nov 2016, 3:34 am
When government uses regulation to retaliate against someone’s politics, relief shouldn’t depend on whether the harassment would have silenced an ordinary citizen [Ilya Shapiro, Trevor Burrus, and Thomas Berry, Cato] More thoughts on the constitutional amendment process [Mike Rappaport, Liberty and Law] To what extent did Antonin Scalia’s thinking on Article V constitutional conventions change over the years? [read post]
20 May 2019, 2:59 am
[Kimberly Strawbridge Robinson, Bloomberg] Fundamental restructuring of Supreme Court becomes a popular campaign issue with Democrats, and the dangers in that [Ilya Shapiro, Washington Examiner] More: Gorsuch, Kavanaugh differ often, we can see clearly now [Jonathan Adler and update] Federalist Society video on stare decisis with Roger Pilon, and related by Pilon on constitutional stare decisis; The high court decides relatively few admiralty/maritime cases but has heard more… [read post]
14 Jul 2014, 9:05 pm
“Cato Went 10-1 at Supreme Court This Term” [Ilya Shapiro; on merits cases] Yesterday I spoke to a private policy gathering in Annapolis, Md. with a retrospective on the Supreme Court term, especially its lessons for state government. [read post]
1 May 2016, 9:05 pm
How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins] Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber] “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef,… [read post]
21 May 2016, 9:31 am
Writes Ilya Shapiro: [Judge] Hanen’s remedy consists of five components: (1) all the lawyers at DOJ headquarters who litigate in the 26 states that challenged DAPA (most of them) have to go back to school for an annual ethics course taught by an outside expert; (2) DOJ has to certify annually for five years that these lawyers are indeed going to school; (3) the attorney general must report within 60 days “a comprehensive plan to prevent this unethical conduct from… [read post]
2 Jul 2018, 2:59 am
Mark your calendar now for Cato’s Constitution Day September 17 with a star-packed program (plus me) [register; Facebook event] “Cato Did Remarkably Well at the Supreme Court” with an 11-3 record this term [Ilya Shapiro] Cakeshop crumbs: “The Scope of the Masterpiece Cakeshop Decision Will Be Determined by the Concurrences” [Erica Goldberg] “Does Masterpiece Cakeshop’s Easy Inference of Hostile Intent Overturn Employment Division v… [read post]
11 Jul 2017, 4:20 am
Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Frank Garrison urge the court to grant a cert petition challenging public-sector-union “agency fees,” which they maintain give non-union “workers a Hobson’s choice: Either sacrifice your First Amendment rights and fund political advocacy you may not like, or find other employment. [read post]
21 Oct 2019, 3:01 am
Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year] In Florida, following an initiative from Gov. [read post]
30 Mar 2018, 3:10 am
” [Ilya Shapiro on Cato merits amicus filing in Lucia v. [read post]
24 Sep 2018, 3:01 am
” [Peter Van Doren and Randal O’Toole, Cato] Whether grounded in official discretion or legislation, cash exactions levied on land development should still need to meet constitutional standards [Ilya Shapiro and Reilly Stephens on Cato Institute certiorari amicus brief in Dabbs v. [read post]
8 Feb 2018, 3:07 am
On to SCOTUS [Ilya Shapiro, Aaron Nielson, Jonathan Adler] Big thinking under way at the SEC could replace securities class action sector with free contract: “The SEC should authorize mandatory arbitration of shareholder class action lawsuits” [Bainbridge, Benjamin Bain/Bloomberg News (noting that broker dealers have long been free to use arbitration clauses)] Milberg Weiss founder Melvyn Weiss dies at 82 [ABA Journal, our coverage over the years of Weiss and his… [read post]
10 Apr 2010, 1:12 pm
There are contributions from our own Jonathan Adler, James Copland, Ted Frank, Rick Garnett, Stephanie Hessler, Curt Levey, Neomi Rao, Ralph Reed, William Saunders, Ilya Shapiro, and me. [read post]
15 Aug 2017, 4:02 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro urges the Supreme Court to review a florist’s First Amendment challenge to a state antidiscrimination law, arguing that “[w]hile same-sex couples ought to be able to get marriage licenses—if the state is involved in marriage at all—a commitment to equality under the law can’t justify the restriction of private parties’ constitutionally protected rights like freedom of speech… [read post]
