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Supreme Court of the United States › Judicial Review

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Manatt, Phelps & Phillips, LLP

Government Will Seek Supreme Court Review of Preventive Services Decision

Manatt, Phelps & Phillips, LLP on

On August 27, the government filed a motion indicating that it intends to seek Supreme Court review of the U.S. Court of Appeals for the Fifth Circuit’s decision in Braidwood Management v. Becerra. In June, the Fifth Circuit...more

Balch & Bingham LLP

Beyond Chevron: The Future Of FERC’s Authority In A Post-Deference Era

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On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more

King & Spalding

Lawmakers Armed with Loper are Preparing to Take Aim at HHS Policies

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On July 10, 2024, HHS found itself a recipient of one of the dozens of letters sent to various federal agencies by Republican lawmakers. These letters task the federal agencies to themselves identify areas where the agencies...more

Davies Ward Phillips & Vineberg LLP

U.S. Supreme Court Upends 40 Years of Judicial Deference to Regulations

Davies Ward Phillips & Vineberg LLP on

In a historical opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, released at the end of June, the U.S. Supreme Court overturned the “Chevron” doctrine, which for so long had controlled judicial review...more

Sherman & Howard L.L.C.

Navigating Uncertainty: The Legal Landscape of Government Contracts Post-Chevron Reversal

Sherman & Howard L.L.C. on

For 40 years, the Chevron Doctrine has been a prominent precedent in administrative law allowing courts to defer to an agency’s interpretation of an ambiguous statute or regulation. The Chevron Doctrine has been overturned by...more

Partridge Snow & Hahn LLP

Two Supreme Court Decisions Shift the Ground for Legal Challenges to Federal Agency Actions

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The Supreme Court has now concluded its most recent term, and in its final two days handed down two decisions with major implications in the area of administrative law (each by a 6-3 margin).  And while their precise...more

ArentFox Schiff

Post-Chevron Health Care Regulations: The Dawn of a New Day

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On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute. Chevron reflected the view...more

WilmerHale

Antitrust Updates: The FTC's Non-Compete Rule and the Impact of Loper Bright on Federal Antitrust Enforcement

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On June 28, the Supreme Court handed down its decision in Loper Bright Enterprises v. Raimondo, overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In its 1984 Chevron decision, the Court held that...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

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As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

Venable LLP

Post-Chevron Judicial Review of FERC Decisions

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As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

K&L Gates LLP

Quick Guide: Agency Deference Caselaw

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The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more

Dorsey & Whitney LLP

The Supreme Court Update - April 29, 2024

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Today, the Supreme Court of the United States granted certiorari in four cases: Medical Marijuana, Inc. v. Horn, No. 23-365: This case involves interpretation of the Racketeer Influenced and Corrupt Organizations Act...more

Akin Gump Strauss Hauer & Feld LLP

Courts Should Finally Rule That the False Claims Act Qui Tam Provisions Are Unconstitutional

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Last term, in U.S. ex rel. Polansky v. Exec. Health Res., Inc., three Justices noted that there are “substantial arguments” that the False Claims Act’s (FCA) qui tam provisions do not conform with Article II of the...more

Epstein Becker & Green

Striking a Balance: The Supreme Court and the Future of Chevron Deference

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In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Snell & Wilmer

SCOTUS Rejects the Independent State Legislature Theory

Snell & Wilmer on

In what some deem the “800-pound gorilla” of election law, the U.S. Supreme Court, on June 27, 2023, rejected the so-called independent state legislature theory in Moore v. Harper. By a vote of 6-3, the Supreme Court held...more

BCLP

Affirmative Action: Effects of the Ruling and Actions to Take Now

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In a long-awaited decision, the Supreme Court ruled yesterday, June 29, that race-based admissions practices at public and private universities and colleges violate the Equal Protection Clause of the Fourteenth Amendment....more

Miller Canfield

Supreme Court Upholds State Courts’ Power of Judicial Review Over Election Matters

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On June 27, 2023, the United States Supreme Court upheld a decision by North Carolina’s highest court holding that the North Carolina legislature went too far in gerrymandering voting district maps. The Court affirmed the...more

Holland & Knight LLP

Chevron Deference Running on Fumes?

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Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

BakerHostetler

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

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In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

A&O Shearman

Supreme Court Unanimously Allows ‘Existential’ Constitutional Challenges to SEC & FTC to Be Brought in Federal Court

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On Friday, the Supreme Court held, 9-0, that two plaintiffs—Ms. Cochran and Axon Technologies—could bring their constitutional challenges against the SEC and the FTC directly in federal court, bypassing a statutorily created...more

Miller Canfield

Supreme Court Expands the Path to Challenge the Authority of Administrative Agencies in Federal Court

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Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more

Holland & Knight LLP

Supreme Court's 9-0 Ruling Paves Way for Constitutional Challenges to Administrative Proceedings

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The U.S. Supreme Court on April 14, 2023, issued a unanimous opinion holding that federal district courts can consider constitutional challenges to administrative proceedings before such agencies issue final rulings. In Axon...more

Dunlap Bennett & Ludwig PLLC

Can We Disagree with the Supreme Court’s Reading of the U.S. Constitution?

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The process by which courts rule on the constitutionality of state or federal government’s actions is called judicial review. Judicial review by the U.S. Supreme Court creates the body of decisions that we deem as the law of...more

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