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.
The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.
The Supreme Court's first decision of the term does not decide very much.
An important challenge to the use of agency adjudication to enforce federal regulations.
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
The Court saw no reason to consider the Eighth Circuit's conclusion that the states lacked standing.
Congress made a small addition to the requirements for notice-and-comment rulemaking.
The Solicitor General rejects an academic argument offered in defense of the Consumer Financial Protection Bureau.
The U.S. Court of Appeals for the D.C. Circuit takes issue with how the FDA evaluated Fontem's unflavored vaping products.
The Biden Administration is revising the rules for how agencies conduct cost-benefit analyses, and some CBA experts have expressed concerns.
The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.
The idea that greater assertions of executive authority require greater support than ordinary acts is not a new one.
The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.
The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.
A welcome reminder that reviewing courts must judge the propriety of agency actions solely by the grounds invoked by the agency.
Plus: Divides over misinformation, on free markets and social justice, and more…
Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.
One of today's two cert grants comes in a case asking the justices to reconsider Chevron v. NRDC.
A three-judge panel concludes that bump stocks cannot be considered machine gun parts under the rule of lenity.
Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.
The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.
The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates
And this lawsuit faces many of the same administrative law hurdles as does AHM v. FDA.
While the US Supreme Court continues to require judges to defer to administrative agencies' interpretations of law in many situations, numerous states have abolished or severely curbed such deference. The results should temper both hopes and fears associated with ending judicial deference to agencies.
Another opinion exposing the Food and Drug Administration's vaping problem.
Somehow a district court has made erroneous rulings three times in one case, and still has not reached the merits.
There's been lots of heat, but very little light in coverage and commentary about the lawsuit seeking to revoke FDA approval of mifepristone.
Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.
A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.
FTC Commissioner Christine WIlson is resigning from the Commission. (Updated)
Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.
Another potential legal setback for the FDA's attempt to regulate electronic cigarettes as tobacco products.
A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.
Zion’s attempts to push out unwanted renters collides with Fourth Amendment protections.
The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.
A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.
A split U.S. Court of Appeals for the D.C. Circuit denied an en banc petition challenging the Federal Election Commission's failure to pursue claims against New Models.
The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.