The Chaos of the Supreme Court’s Last Term—and What May Be Coming This Time. With their new term starting October 7, the nine justices face roiling legal waters and the bench’s profound dysfunction. A deep dive into an institution that is “not well.”
Neil Gorsuch
Posted inLaw and Justice
The Roberts Court’s Chevron Ruling and Darkening Clouds Over the Administrative State
Conservatives cheered the Court overturning the 40-year-old reasonable standard of deference to agencies. But other rulings may do more to hamstring both elected branches of government while aggrandizing the role of judges.
Posted inUncategorized
The Supreme Court Comes for the Homeless
I suspect the lawyers for the City of Boise, Idaho, sensed trouble back in 2018 when they read the first paragraph of Judge Marsha Berzon’s opinion in a lawsuit against the city by six homeless plaintiffs. It begins with a quote from Anatole France, the French novelist: “The law, in its majestic equality, forbids rich […]
Posted inMagazine
The Court’s Third Great Crisis
Twice before in history, the Supreme Court has allowed itself to become an arm of one political party, with catastrophic results. Only the voters can save us from the same fate today.
Posted inLaw and Justice
The Republicans Are Coming After Biden’s Student Debt Relief Plan
Yesterday, the first legal challenge was filed to kill the measure, but the administration is on solid legal ground.
Posted inLaw and Justice
The Supreme Court’s Looming Threat to First Amendment Law
For almost 60 years, the press has had the protection of New York Times Co. v. Sullivan, but it probably won’t be much longer before the Supreme Court considers challenges to the landmark case.
Posted inLaw and Justice
On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable
Their end-of-term decisions on greenhouse gas regulation and migrants from Mexico could have been worse, but the conservative justices are still pushing the Court rightward.
Posted inLaw and Justice
The Supreme Court Will Consider Greenhouse Gas Emissions. Be Afraid.
A challenge to the EPA’s regulation gives the right wing an opportunity to limit Congress’s capacity to authorize regulatory programs.
Posted inProtecting the Vote
Another Scheme to Curtail Voting Rights
Get to know the “independent state legislature doctrine” which intrigues Justices Thomas, Alito, and Gorsuch.
Posted inLaw and Justice
Regulatory Government Is Democratic Government
Conservatives want to thwart federal rule making, the way they shut down Biden’s OSHA mandate for COVID. Here’s one way to fight back.
