Articles

This article originally appeared in the American Bar Association’s Supreme Court Preview. The Supreme Court’s October Term 2023 likely will be remembered in history books as a turning point for the constitutional separation of powers. Rulings in Loper Bright v. Raimondo, Corner Post v. Board of Governors of the Federal Reserve System, a ...

Last month, the Supreme Court heard oral arguments in two cases striking at the heart of a legal doctrine that props up the administrative state: Chevron deference. Herring fishermen are challenging a National Marine Fisheries Service (NMFS) regulation that requires them to pay the salary of federal monitors riding on their fishing boats. In the ...

“I’ll take it all the way to the Supreme Court.” It’s far easier said than done, and it can take years for a legal battle to wind its way through the courts. When the federal government is on the other side—as it often is in Pacific Legal Foundation cases—it takes a relentless, determined attitude to … ...

‘Samuel Alito’s Assault on Wetlands Is So Indefensible That He Lost Brett Kavanaugh” reads one headline about a recent Supreme Court decision. A casual reader might come away with the impression that the Court had just issued a deeply divided ruling. But, in fact, the Court had unanimously sided with the petitioners; the justices had ...

Every presidential administration reaches a point where the president is tempted to take lawmaking matters into his own hands. “I’ve got a pen and I’ve got a phone,” Barack Obama famously put it. Frustrated by a Congress that can’t or won’t accede to their preferred policies, presidents turn to executive orders a ...

After an action-packed start to the term, the Supreme Court returns to the bench next week for the first winter oral argument sitting. And while the term was frontloaded with headline-grabbing cases, the court has a few high-profile cases coming up — and even more waiting in the wings. In February, the justices will hear … ...

In late August, the Biden Administration announced its intent to cancel an estimated $500 billion in student debt held by more than 40 million borrowers. … ...

In Oklahoma, unelected licensing boards have the power to keep people out of their desired professions. But reform is underway to make Oklahoma licensing boards more accountable to the people and less prone to being dominated by special interests. Licensing boards are typically comprised of several members who set standards that professionals must ...

Sunday marks six years since Justice Antonin Scalia passed away. It’s a fitting occasion to remember the late Justice and his legacy. But one of the greatest aspects of his legacy has nothing to do with the law. It was his friendship with his ideological foe, Justice Ruth Bader Ginsburg. The Justices eventually came to … ...