Articles

On May 11, the Supreme Court issued a somewhat convoluted decision in National Pork Producers Council & American Farm Bureau Federation v. Karen Ross. The case raised a significant question: can California – or any other state – enact statutes whose primary function is to dictate standards and conduct that occur in other states  ...

On May 1, the US Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, which is sure to send shockwaves through the administrative state. At issue is the doctrine known as Chevron deference, which requires that courts defer to federal agency interpretation of statutes. It sounds like legalese, but in practice, Chevron deference ...

On April 14, the US Supreme Court unanimously handed a loss on a silver platter to the administrative state. In Cochran v. SEC and Axon Enterprise, Inc. v. FTC, the court concluded the executive adjudication schemes set out in the Securities Exchange Act and the Federal Trade Commission Act don’t displace a federal district court’s  ...

If it is not already, the U.S. Supreme Court should be skeptical of California’s illegal decree issued to the nation’s pork producers. On Oct. 11, the Court heard over two hours of oral argument in National Pork Producers Council & American Farm Bureau Federation v. Karen Ross. … ...

It was Thanksgiving of 2020, during the COVID-19 pandemic, when a Tucson mom named Sarra headed to her grocery store to pick up a turkey. She’d brought her 7-year-old son and his 5-year-old friend along for the ride. But the store was asking people to stay outside to slow the spread of COVID-19, unless they were … ...

Every year, government agents descend on people’s homes threatening them with huge fines if they do not divulge intimate details about their lives. The American Community Survey (ACS) is sent to about 3.5 million randomly selected Americans every year. It demands personal information such as how many beds, cars and phones the household has. I ...

An otherwise routine Arizona Supreme Court case has become the focal point to decide the constitutionality of a state agency practice called “incorporation by reference.” It happens when state agencies adopt rules written by federal agencies or private groups, making them Arizona law. The constitutionality of “incorporation by ref ...

Millions of people directly or indirectly regulated by the Department of Health and Human Services (HHS) will be adversely affected if the agency follows the president’s order and returns to shadow lawmaking. Issuing guidance documents as enforceable law has been wrong for decades. Dozens of court cases interpreting the Constitution and feder ...