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
We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more
3/10/2025
/ Constitutional Challenges ,
Executive Orders ,
Federal Election Commission (FEC) ,
Government Agencies ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
SCOTUS ,
Standing ,
Statutory Interpretation ,
Trump Administration
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
In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a...more
10/18/2023
/ Administrative Agencies ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Oral Argument ,
SCOTUS ,
Standing ,
Statutory Interpretation ,
Vessels