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Corner Post, Inc. v. Board of Governors: A Major Readjustment for APA Claims
Blogs
True to form, the Supreme Court saved one of its most important decisions for the final opinion day of the 2023 Term. On July 1, 2024, the Court handed down its opinion in Corner Post, Inc. v. Board of Governors. The cries of anguish from supporters of the administrative state were only eclipsed by the…
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Post-Jarkesy, Should SEC Refund Its Ill-Gotten Penalties?
Blogs
In a post last year on this blog, I noted the irony and unfairness of allowing federal agencies to keep millions (if not billions) of dollars they had illegally confiscated from private citizens based on claims that those private citizens had previously obtained those funds through their own wrongdoing. In particular, I noted recent Supreme…
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SEC Ignores Its Own Goals in Trying to Require Disclosures of Climate-Related Information
Blogs
In 1934, Congress established the SEC and gave it a three-part mission: (1) to protect investors, (2) to maintain fair, orderly, and efficient markets, and (3) to facilitate capital formation. However, in March, the SEC adopted a final rule requiring public companies to disclose various levels of climate information including, among many other categories, “any…
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The End of Chevron…and the Future of Admin Law Courses?
Blogs
On Friday, June 28, 2024, in Loper Bright Enterprises, et al. v. Raimondo and Relentless Inc. v. Dept. of Commerce (a huge win for NCLA!), the Supreme Court overruled Chevron deference—the judicially invented doctrine that required federal judges to defer to administrative agencies’ interpretation of statutory language. For some forty years, the Chevron doctrine allowed…
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The Supreme Court's Jarkesy decision is about keeping promises
John Roberts’s opinion of the Court in Jarkesy correctly describes its application of law as “straightforward question.” It follows clear precedent (Granfinanciera “decides this case”), distingiuishes irrelevant precedent (Atlas Roofing), and admirably confines the erroneous expansion of the “public rights” doctrine to its narrow origins so that it no longer would be the exception that…
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Chief Justice Roberts’s Two Landmark Opinions Turn Tide Toward Liberty
Just in time for America’s 248th birthday, Chief Justice John Roberts has gifted our nation two landmark decisions that turn the tables on unlawful administrative power and turn the tide toward liberty. These cases do more to save Americans from being dominated by bureaucratic overlords than anything else the Court has done in at least half…
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