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Will Lower Courts Preserve the Administrative State?

By: Garrett Snedeker September 4, 2024
Even if many close court-watchers anticipated overturning Chevron deference during the Supreme Court’s last term, where the Court would place its accent remained an open question. However, the overturning of Chevron in the Supreme Court’s Loper Bright/Relentless decision will not be shaped exclusively or even largely by what the Supreme Court said or what Congress does in its wake, despite what…
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The ‘Tell’ in Zuckerberg’s Letter to Congress

By: Philip Hamburger August 27, 2024
Mark Zuckerberg sent a mea culpa letter Monday to House Judiciary Chairman Jim Jordan, admitting that Meta, which owns Facebook, erred in acquiescing to government pressure for censorship. But it’s important to look closely at what the letter says and what it doesn’t. On the one hand, Mr. Zuckerberg concedes what by now is obvious—that there was much…
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In ‘Over Ruled,’ Justice Gorsuch Tells of the Folly of the Administrative State

By: Philip Hamburger July 30, 2024
Books by Supreme Court justices usually focus on constitutional doctrine—on judicial interpretations of the Constitution. “Over Ruled: The Human Toll of Too Much Law” is, therefore, a pleasant surprise. Justice Neil Gorsuch and his former clerk Janie Nitze prioritize not legal analysis, but a series of stories about unfortunate litigants, whose experiences illuminate the dangers…
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The Supreme Court's Jarkesy decision is about keeping promises

By: Margaret A. Little July 9, 2024
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

By: Mark Chenoweth July 3, 2024
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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No Remedy for Censorship: The Perils of Murthy

By: Philip Hamburger July 2, 2024
Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history. (I must confess a personal interest in all…
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