The saga of the SEC’s Consolidated Audit Trail (CAT) featured a notable milestone on July 25 when the 11th Circuit Court of Appeals delivered a blow against the CAT as it currently operates. A three judge-panel unanimously held that the legal mechanism adopted in 2023 to fund the CAT violates the Administrative Procedure Act. In…

If at first you don’t succeed, try try try . . . [insert 13 more tries here] again. This is the story with the Regulations from the Executive in Need of Scrutiny Act of 2025 (“REINS Act”). A piece of legislation that has been—in one form or another—reintroduced in each new Congress as far back…

A few weeks ago, the Supreme Court decided McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., where it held that the Hobbs Act’s grant of exclusive review in the courts of appeals to determine the validity of agency orders does not preclude district courts from determining the meaning of the law under Loper Bright. Importantly, the…

First Amendment violations are not always as blatant as the government colluding with social media companies to shut down unpopular speech or forcing students to remove armbands signaling their aversion to the Vietnam War. Some free speech violations lurk behind ivy-covered walls. In one of the New Civil Liberties Alliance’s latest cases, Issak v. University…

“All professions are conspiracies against the laity,” George Bernard Shaw wrote in his 1906 play The Doctor’s Dilemma. However, the story of the Benedictine monks of Saint Joseph Abbey shows that professions can sometimes be conspiracies against the clergy, too. In 2005, Hurricane Katrina battered the forest near the Abbey, felling a great deal of…

The Court’s opinion in Loper Bright and Relentless is, obviously, about what to do with an ambiguous statute.  But when paired with the dissent, the twinned cases tell a story of jurisprudential tectonic plates grinding against each other in a way that—if we pay close attention—might give us a deeper appreciation for the proper role…