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The Supreme Court Must Discard Qualified Immunity to Hold Those in Power Accountable to the Law
Blogs
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…
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Scuttling Chevron Will Put the Ship of State Back on a Constitutional Course
Like North Atlantic squalls pounding away at the New England shoreline, judicial deference doctrines have eroded the civil liberties ordinary Americans enjoy. No one can hold back the tide, but the Supreme Court has the opportunity to stop the erosion of civil liberties in a marquee case it will hear this week. My organization, the…
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Chevron Deference Tempts All Our Constitutional Actors to Behave Badly and It Should Go
Blogs
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…
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The End of Chevron? More Like a Return to Fairness
Blogs
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…
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Cascade-Siskiyou National Monument expansion sparks controversy
Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between president monument designations under the Antiquities Act and federal land management law.
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NCLA’s Hat Trick Against Transportation Department Provides Roadmap for Others
Blogs
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…
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