On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I...more
As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more
As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more
Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more
The U.S. Supreme Court did not publish any opinions last week, but I note with sadness the death of retired Justice David Souter on May 8. I got to know Justice Souter first during his vetting in 1990....more
As I think I have admitted previously, I have what some might consider an unusual habit. When I have a longer drive to make, I listen to oral arguments at the United States Supreme Court. It keeps me awake and my mind sharp,...more
The Supreme Court decided two cases today, continuing the release of opinions on which the Court is not deeply divided. The tougher ones are yet to come....more
The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more
Justice Kavanaugh issued a concurring opinion in Wisconsin Bell, which Justice Thomas joined, to question again whether the False Claims Act qui tam provision violates Article II of the US Constitution....more
The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more
It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more
15 September 2024 was a landmark day for Mexico as President López Obrador’s controversial judicial reform (the “Judicial Reform”) was signed into law, making Mexico one of the few countries in the world to elect its...more
The Supreme Court has been in the news — more so than usual. It made a polarizing decision on former President Trump’s immunity from criminal prosecution and overruled Chevron. Justices have been in the storm’s center over...more
With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more
Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more
In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land...more
The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more
Undoubtedly, development impact fees (DIFs) can make or break the pro forma of any development project. Until this month, developers hoping to challenge the assessment of project-related DIFs were often limited in the causes...more
When the government wants to take private property for a public project, it must compensate the owner at fair market value. The just compensation concept comes from the Fifth Amendment’s Takings Clause, which provides: “nor...more
On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions...more
On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more
Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more
To invalidate or eviscerate? Before turning to the January 17, 2024 arguments, here’s a quick recap of Chevron’s two-step framework and when it applies: Courts may rely on the Chevron doctrine only when agency action carries...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
She was 93. Justice Sandra Day O'Connor, the first woman on the U.S. Supreme Court, died last Friday. Justice O'Connor was appointed to the Court by President Ronald Reagan in 1981, and was a role model to many of us women...more