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Supreme Court Ends Chevron Deference Among String of Decisions Limiting Agency Power

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the doctrine of Chevron deference but made clear that cases relying on Chevron’s interpretive framework remain good law subject to statutory stare decisis....more

Supreme Court Curtails SEC In-House Judges on Litigated Civil Penalties

In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties for securities fraud. The decision limits the SEC’s authority to seek civil...more

‘Modify’ Means Modify: Supreme Court Rejects Biden Administration’s Plan to Forgive US$430 Billion in Student Loan Debt

The Supreme Court reaffirmed that agencies may not exercise sweeping powers that would fundamentally revise congressional policies absent clear statutory authorization. The Secretary of Education’s power to “modify” the...more

Off the Beaten Track? U.S. Supreme Court Holds States May Require Corporations to Consent to Jurisdiction to Conduct Business

On June 27, 2023, a fractured Supreme Court held in Mallory v. Norfolk Southern Railway Co. that a Pennsylvania law requiring out-of-state businesses to consent to the jurisdiction of the Pennsylvania courts as a condition of...more

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