Multiple significant opinions from the D.C. Circuit on Judge Griffith's last day.
Faced with a choice between the Trump Administration and the law, these judges had no problem following the law.
In response to a Trump Executive Order, the Justice Department seeks to diminish the import of agency guidance.
The FCC did not even seek to defend its authority to impose the conditions.
Even the Acting Secretary might not actually be an Acting Secretary.
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
If the U.S. Postal Service and the Postal Regulatory Commission disagree, does the case belong in federal court?
Professor Christopher Walker explores a potential wrinkle in the DACA decision.
Professor Zach Price on the Chief Justice Roberts' Decision in Dept. of Homeland Security v. Regents of the University of California
Supreme Court Holds Trump Administration Rescission of DACA Was "Arbitrary and Capricious" (Updated)
In what appears to be a quite narrow ruling, Chief Justice John Roberts holds that if Trump wants to get rid of DACA, he'll have to try again.
A unanimous panel concludes the Department of Health and Human Services Lacked Statutory Authority to Impose the Rule
A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
The NLRB's prosecution of a conservative journalist should be worrisome.
A high-profile gun case actually presents meaty questions of administrative law
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
An important and thoughtful opinion that potentially invalidates Trump Administration refugee and asylum policies.
The Consumer Financial Protection Bureau could be completely independent of the next occupant of the White House.
In which the Board of Immigration Appeals decides it can ignore appellate court rulings and is nearly held in contempt.
An interesting amicus brief by Professor John Harrison in Seila Law LLC v. CFPB
A divided panel of the U.S. Court of Appeals for the Ninth Circuit finds the plaintiffs lack Article III standing in Juliana v. U.S.
Newly released data suggests Census analysts dramatically over-estimated the extent to which a citizenship question would discourage responses.
BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)
As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge
A federal lawsuit demands that the government honor its appeals process regarding the costs it imposes on the annual event.
Oral argument was in July, so why hasn't the court issued an opinion yet?
If a case warrants an expedited appeal, the Justice Department should act like it.
Judge Bybee's concurrence in decision rejecting challenge to "public charge" rule raises concerns about Congress's abdication of responsibility on immigration policy.
The Supreme Court will not rehear Gundy v. United States, but Justice Kavanaugh seems ready to revisit the doctrine.
The Supreme Court will consider a constitutional challenge to the composition of the Consumer Financial Protection Bureau.
D.C. Circuit Upholds FCC Decision to Rescind "Net Neutrality" (But Rejects FCC Attempt to Preempt Conflicting State Law)
In a lengthy opinion, a divided three-judge panel turns away most of the legal challenges to the Federal Communications Commission's "Restoring Internet Freedom" Order