Four decades after the Supreme Court’s foundational decision in Chevron v. Natural Resources Defense Council, the Court has abandoned the rule established in that case: that courts should defer to executive agencies’...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more
The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more
6/28/2022
/ Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Religious Discrimination ,
Religious Schools ,
SCOTUS ,
State Aid ,
Strict Scrutiny Standard ,
Tuition
The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
The United States Supreme Court today released its opinion in Mahanoy Area School District v. B.L., holding that the First Amendment protects most student speech from school disciplinary measures if such speech was not made...more
The United States Supreme Court today released its opinion in NCAA v. Alston, holding unanimously that the National Collegiate Athletic Association’s (NCAA) prohibition on providing student-athletes with “education-related...more
For the third time since its passage, the United States Supreme Court has saved the Affordable Care Act (“ACA”) from a legal challenge. In a 7-2 decision in California v. Texas, the Court held that several Republican-led...more
On November 10, 2020, the U.S. Supreme Court held oral arguments in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the Court to strike down the...more
On November 10, 2020, the United States Supreme Court is scheduled to hold oral argument in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the...more
In a 5-4 decision, the United State Supreme Court ruled Monday in Burwell v. Hobby Lobby Stores, Inc., that closely held for-profit corporations may invoke religious objections to exclude contraceptive coverage from the...more