ACUS Program on Nationwide Injunctions and Regulatory Programs
A recent pair of panels looking at how nationwide injunctions impact federal regulatory programs.
A recent pair of panels looking at how nationwide injunctions impact federal regulatory programs.
He returned S.B. 961 to the California Senate for all the wrong reasons.
The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)
No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.
One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.
The National Highway Traffic Safety Administration declares a crisis and issues new regulations.
A three-judge panel concludes the rule's challenger are likely to succeed on the merits.
The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing).
A majority of the judges concludes this fee constitutes a tax, the authority for which is improperly delegated.
Recent actions by the FTC show that its officers should review the Constitution.
The agency claims DOI and DOC have "a high potential for abuse" because they resemble other drugs it has placed in Schedule I.
The Biden administration says its new Title IX interpretation is a legitimate reading of the statute, but opponents characterize it as arbitrary and capricious.
Proposed bills reveal the extreme measures E.A.’s AI doomsayers support.
The decision to overturn Chevron removes an agency trump card, but does not instruct courts to ignore agency opinions--and they won't.
The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
“Immigration is an area of the law where the partisan alignments break down over Chevron.”
It won't end the administrative state or even significantly reduce the amount of federal regulation. But it's still a valuable step towards protecting the rule of law and curbing executive power.
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Plus: A listener asks the editors about the Selective Service.
The court concludes states are likely to succeed in their procedural challenges to the Education Department's decision to extend Bostock to Title IX.
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
In his AHM v. FDA concurrence, Justice Thomas suggests the Court needs to rethink associational standing and questions whether it comports with Article III.
Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.
A new study suggests political considerations may influence the enforcement of federal environmental law.
Green groups dropped their suits after the various challenges to the SEC's climate disclosure rule were consolidated in a fairly conservative circuit.
In an interesting dissent, Judge Allison Eid argues it violates existing nondelegation doctrine precedent.
The First Amendment applies even to the CEOs of successful companies, but the NLRB seems to disagree.
There are no good sides in today's Supreme Court case concerning the EMTALA and abortion.
The research the FDA relies upon to claim banning menthol cigarettes would improve public health is not aligned with the agency's approach to tobacco regulation.
A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.
If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?
Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine
The threshold issue in today's oral argument is Article III standing, and that issue should be determinative.
Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.
The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."
Another federal appellate judge expresses discontent with current standing doctrine.
The Second Circuit divides over whether an association must identify an injured member by name for the purposes of Article III. (Updated)
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
Did we get a hint to the outcome in one of this term's bigger cases at today's oral argument?
The Court also rejects a late-filed amicus briefs from the American Bar Association, but accepts one from former FDA Commissioners.
Some thoughts on the most important issue in Relentless and Loper Bright.
The panel covered many cases and featured views many would not expect at a Fed Soc event.