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…

Prior to last Thursday’s Supreme Court oral argument in the consolidated birthright citizenship cases, most legal prognosticators proclaimed the high court would finally put an end to nationwide injunctions. Afterall, a majority of the justices in concurrences or dissents had criticized the granting of—by single district court judges—injunctions that applied on a nationwide basis and…

On April 24, I had the pleasure of arguing before the United States Court of Appeals for the District of Columbia Circuit in Newman v. Moore.  During the argument, the panel of judges inquired as to what is the appropriate standard for removing judges from office, and whether that standard is different from the standard…

Judge Bumatay’s dissent in Int’l Union of Operating Eng’rs, Stationary Eng’rs, Loc. 39 v. NLRB, 127 F.4th 58, 79 (9th Cir. 2025), suggests that SEC v. Jarkesy, 603 U.S. 109 (2024)—which held that the SEC’s in-house adjudication of civil-penalty claims violated the accused’s right to a jury trial in an Article III court—may be key…