Quick Guide to Administrative Hearings
DOGE Part 2: What will it do?
DOGE: What exactly is it and how will it work?
Podcast - Supreme Court Upholds CFPB Funding Structure
The Justice Insiders Podcast: SEC Plays Chicken with Jarkesy
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more
On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to...more
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled the landmark case of Chevron U.S.A. v. Natural Resources Defense Council, Inc. et. al. Interestingly, the Loper decision was rendered...more
For decades, federal agencies have enjoyed significant deference from the courts regarding their interpretations of rules and regulations, a principle known as "Chevron deference" after the 1984 United States Supreme Court...more
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
On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more
In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more