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28 Jun 2024, 12:34 pm by David Super
  The Court’s opinion in Vermont Yankee v. [read post]
28 Jun 2024, 12:23 pm by Guest Author
Put differently, the MQD does not cripple the administrative state at all. [read post]
28 Jun 2024, 10:51 am by Guest Author
Second, Jarkesy implicates judicial aggrandizement in a separate and arguably more consequential way. [read post]
28 Jun 2024, 9:50 am by Will Baude
Sunstein, Interpreting Statutes in the Regulatory State, 103 Harv. [read post]
28 Jun 2024, 9:42 am by Ann Carlson
Headlines about today’s decision in Loper v Raimondo overturning the 40 year-old decision in Chevron v NRDC that granted agencies deference in their interpretation of ambiguous statutes  focus on the “massive power grab,” the decision’s “sweeping” nature and call it a  “blow” to the administrative state. [read post]
28 Jun 2024, 9:06 am by Eric Fruits
The industry petitioners argue that the FCC’s approach departs from the burden-shifting framework established by the Supreme Court in cases like Texas Department of Housing and Community Affairs v. [read post]
28 Jun 2024, 6:17 am by Ronald Mann
That signals, in a powerful way, that the blow Jarkesy strikes at the administrative state is not temporary or lightly considered, and not something from which litigants should hope for any relief or ameliorative clarification any time in the foreseeable future. [read post]
27 Jun 2024, 9:05 pm by Matthew Chagares
The majority applied the Court’s recent New York State Rifle & Pistol Association, Inc. v. [read post]