I’d like to talk about just one distinctive aspect of the body of law that has followed in the wake of the Supreme Court’s decision in Chevron—that it has spawned a boatload of complex and comically inscrutable doctrines. Here’s counsel for the boat Relentless at argument: “You…need a secret decoder ring to figure out what…

One of the foundational principles of the United States is that we are a country of laws, not men—a place where the lowliest of the low are subject to the same laws and rules as the most exalted and powerful. Most of us learned in our middle school civics class that whenever anyone has their…

This week, we go to the Supreme Court in Relentless v. Commerce for argument on whether Chevron deference—the deference given to agencies when they interpret an ambiguous or silent statute—continue or be abandoned by the Court. Both our briefs and those of the Petitioners in Loper Bright detail Chevron deference’s constitutional, statutory, and structural errors.  But one aspect of how bad Chevron is has not…

Clickbaity titles and hyperbolic claims are, yet again, dominating the coverage of the Supreme Court’s docket. Among those are the suggestions that this term’s Relentless and Loper Bright cases are the “end” of everything from the environment to the government itself.  “We have nothing to fear but fear itself,” FDR said. But commentators afraid to…

NCLA lawsuits have forced the Department of Transportation to abandon an abusive administrative enforcement action against a small family-owned business for the third time this year. These cases provide a roadmap for others to follow when DOT drags them into illegitimate administrative proceedings. All three NCLA cases challenged in federal court the constitutionality of DOT’s…

Justices Sotomayor and Thomas agree. Professors Neal Katyal and Philip Hamburger agree. And the American Civil Liberties Union (ACLU) and the New Civil Liberties Alliance (NCLA) agree. The United States Supreme Court should reconsider its qualified immunity jurisprudence. And that is precisely what the NCLA has asked the Supreme Court to do in its petition for certiorari…