November 22, 2023
Experts say federal agencies and courts have drifted away from relying on Chevron deference in recent years, following the lead of U.S. Supreme Court justices who have criticized it, but the doctrine hasn't been totally abandoned by lower courts — and a closely watched high court case could decide its ultimate fate.
November 09, 2023
America's entrenched political polarization has been blamed on gerrymandering, cable news, social media, demographics and other intractable issues. But one of the U.S. Supreme Court bar's most accomplished advocates sees a solution hiding in plain sight: a ruling in his favor in perhaps the biggest showdown of the high court's term.
October 27, 2023
The U.S. Supreme Court's dawning term is quickly shedding light on fissures in a six-justice supermajority, providing new evidence of areas where the conservative camp isn't predictably rock-solid despite its rapid reshaping of the nation's legal landscape.
October 17, 2023
New Jersey herring fishers pushing U.S. justices to overrule a decades-old practice granting deference to agencies' expert interpretation of ambiguous laws have urged the high court to reject a federal government defense of the legal doctrine.
September 29, 2023
There's plenty on the U.S. Supreme Court's plate this term to interest the energy sector, including a pair of blockbuster cases that could reshape administrative law as well as potential fights over clean energy and transmission development. Here are the energy-related cases the Supreme Court will consider this term.
September 29, 2023
With the U.S. Supreme Court poised to start a fresh term, employment discrimination experts said they're keeping a close eye on two accepted cases and two pending petitions that address issues including the boundaries of Title VII's protections, religious rights and court deference to federal agencies. Here, Law360 looks at four cases management-side employment attorneys will be watching as the high court gets into gear.
September 29, 2023
After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.
September 29, 2023
The U.S. Supreme Court will tackle a variety of questions in the first half of its 2023 term that will have a broad impact on federal regulators' power and the authority of courts to intercede in major aspects of American life.
September 27, 2023
Dozens of House Democrats demanded Wednesday that U.S. Supreme Court Justice Clarence Thomas recuse himself from a case that could kneecap the power of federal regulators, citing new reports highlighting his ties to the billionaire Koch Brothers whose "staff attorneys" represent the plaintiffs.
September 22, 2023
Health groups, scientists, a labor federation, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.