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
The ruling comes after a long string of losses blocking other administration efforts to deny federal law enforcement funds to sanctuary jurisdictions. The different result in this case is largely a product of the unusual nature of the program involved.
The ruling upholds a trial court decision holding that the president cannot divert military funds to builds his proposed border wall.
The Court's four liberal justicces joined the majority in all three of today's Supreme Court's decisions
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Eliminating judicial deference to administrative agencies' interpretations of federal law would not destroy the administrative state, or even significantly reduce the amount of regulation. But it would have some real benefits, nonetheless.
The Important but Arcane Procedural Issue That Might Upend the Restraining Order Against Defense Distributed
Did the settlement with the distributor of home gun-making hardware and software remove computer files from the United States Munitions List or just temporarily stop treating them as affected munitions?
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
How much deference should amicus briefs and agency advocacy receive from the courts?
The ruling also raises questions about the future viability of "Chevron deference."
Justice Kennedy calls for reconsidering parts of the Court's Chevron jurisprudence.
In recent decision, judges on the U.S. Court of Appeals for the D.C. Circuit debate the finer points of finality under the Administrative Procedure Act.