Last month, the Supreme Court heard two cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—each widely anticipated because the Court’s ruling on them could significantly reshape the federal judiciary’s relationship to the federal administrative bureaucracy. The issue in both is whether the Court should overrule, or at least narrow, a 40-year-old […]
Peter M. Shane
Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University and a Distinguished Scholar in Residence at the New York University School of Law. He is the author of Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency(2022) and the host of "Democracy's Chief Executive: The Podcast." Follow Peter on Bluesky at @petermshane.bsky.social.
Posted inLaw and Justice
The Least Harmful Way to Leave Trump on the Ballot
I’ve been teaching Constitutional Law for 40 years, and I am persuaded that Section 3 of the Fourteenth Amendment disqualifies Donald Trump from serving as president again because of his involvement in “insurrection” against the United States. But I’ve been watching the U.S. Supreme Court for the same four decades. Despite the strength of the […]
Posted inLaw and Justice
Trump’s Laughable Claim of Immunity
Whether presidents may be charged with crimes while in office is a difficult question; whether former presidents may be charged is not.
Posted inLaw and Justice
Blitzkrieg Against the Administrative State
How the Heritage Foundation and its right-wing allies plan to destroy pluralist government.
Posted inPolitics
Republicans Are Wrong About Acting Labor Secretary Su’s Appointment
They argue that her temporary position running the department is unlawful, but two statutes say otherwise.
Posted inLaw and Justice
Unforgiven: The Supreme Court and the Student Loan Conundrum
Its rejection of the Biden administration’s plan fuels cynicism and seems to foreclose similar initiatives going forward.
Posted inLaw and Justice
The Next Regulatory Disaster? The Supreme Court Takes Up the “Chevron Doctrine.”
For almost 40 years, it’s been a key test for judges weighing federal regulations. Will the Court’s conservative supermajority show modesty?
Posted inPolitics
Amend the Constitutional Amendment Process
While conservatives want a wild-card constitutional convention, Americans of all persuasions should seek a formal constitutional change process that empowers “We, the People,” not a minority political faction.
Posted inPolitics
Jim Jordan’s Reckless New Committee
The MAGA congressman chairs the new House committee on the “weaponization of the federal government” and is vowing to use it to probe open federal investigations.
Posted inPolitics
The Trickle-Down Supreme Court
Now, plenty of appellate and district courts are acting like the Supremes—blowing up precedents and embracing slipshod legal theories.
