Seven County Infrastructure Coalition v. Eagle County: All of a Sudden, Sweeping Deference to Federal Agencies is a “Bedrock Principle”
June 10, 2025 Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, 605 U.S. ____ (2025) (Kavanaugh, J.) Response by Robert... Read More
The Cost of a Lie: Kousisis Affirms Criminal Fraud Liability Without Economic Harm
June 10, 2025 Kousisis et al. v. United States, 605 U.S. ____, 145 S. Ct. 1382 (2025) (Barrett, J.) Response by Jessica... Read More
Supreme Court Affirms Lawlessness of the Removal of Kilmar Abrego Garcia
April 18, 2025 Kristi Noem, Secretary, Department of Homeland Security, et al. v. Kilmar Armando Abrego Garcia, et al., 601 U.S. ____... Read More
Previews for the 2024 October Term of the Supreme Court
As the 2024 Supreme Court term gets underway, several pivotal cases are set to challenge and refine existing legal precedents across a... Read More
United States v. Rahimi: Resisting the “Suicide Pact” For Now
August 13, 2024 United States v. Rahimi, 602 U.S. ___, No. 22-915 (June 21, 2024) Response by Professors Mary Anne Franks and... Read More
SEC v. Jarkesy: Agencies Cannot Adjudicate Most Civil Penalty Disputes
July 10, 2024 SEC v. Jarkesy, 603 U.S. ___, No. 22-859 (June 27, 2024) Response by Professor Richard Pierce Geo. Wash. L.... Read More
Fischer v. United States: A Supposedly Textualist Court Ignores the Text
On January 6, 2021, Trump supporters attacked the U.S. Capitol to disrupt the certification of Joe Biden's election victory. In Fischer v. United States, the Supreme Court controversially ruled that these actions did not violate the law against obstructing official proceedings. Professor Eliason argues this decision contradicts both the statute's plain language and common sense.
Loper Bright Enterprises v. Raimondo: Chevron is Dead; Long Live Skidmore
Professor Pierce discusses the Supreme Court's landmark decision in Loper Bright Enterprises v. Raimondo, which overturns the Chevron deference doctrine. The ruling shifts the emphasis to independent judicial interpretation of statutes, moving away from automatic deference to agency interpretations. This change aligns with the principles of Skidmore v. Swift & Co., promoting a more nuanced approach to judicial review while still respecting agency expertise.
The Court Sidesteps Immigration Federalism Feud, For Now
It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.