Media Room
Commentary
Post Search
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…
Read
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…
Read
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.
Read
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…
Read
The Supreme Court Must Quit Qualified Immunity
Blogs
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…
Read
SEC Must Scrutinize Auditing Watchdog Before Offering More Funds
It’s good to be a powerful regulator that sets its own budget without much congressional oversight or a need to beg elected representatives for annual appropriations. Most Americans are feeling the squeeze of runaway inflation and stagnant wage growth, but not the bureaucrats who regulate auditors of public companies and securities brokers. The Public Company…
Read
Media Team
