In FDA v. Wages and White Lion Investments LLC, the U.S. Supreme Court’s unanimous decision in favor of the Food and Drug Administration serves as a reminder of the deference still accorded to regulatory agencies post-Loper...more
4/21/2025
/ Administrative Procedure Act ,
Appeals ,
E-Cigarettes ,
FDA Approval ,
FDA v Wages and White Lion Investments LLC ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Popular ,
Regulatory Agencies ,
Rulemaking Process ,
SCOTUS ,
Tobacco Regulations ,
Vaping
On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more
2/26/2025
/ Administrative Procedure Act ,
Coinbase ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Executive Authority ,
Executive Orders ,
Government Agencies ,
Presidential Directives ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
SCOTUS ,
Trump Administration
Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more
When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more
10/1/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC)
Near the conclusion of a tumultuous term, the Supreme Court issued what may be its most consequential opinion, jettisoning Chevron deference and 40 years of administrative law. In Loper Bright Enterprises v. Raimondo, a...more