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Although commentators debate the scope of the SFFA ruling, Prof. George La Noue argues that the ruling entails “broader rules which will affect the use of race not only in higher education, but also in a wide spectrum of public and private institutions”—including federal

SEC v. Jarkesy dealt with the right to a jury trial under the Seventh Amendment in cases where an agency sought civil penalties. The decision undermines the ability of agencies—such as the SEC and NLRB—to adjudicate disputes outside the Article III court system.

In West Virginia v. EPA, the Court defined the major questions doctrine, which says that Congress must explicitly give agencies permission to promulgate regulations that would have a major impact on rights or the economy. Quoting Justice Scalia, Justice Gorsuch said that agencies

In Loper Bright v. Raimondo, the Supreme Court eliminated the Chevron doctrine, which forced federal courts to defer to agency interpretations of the law. Going forward, courts interpret statutes—including determining how much power they give to agencies—rather than deferring to

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