May 9 2025 Publication Federalist Society Review The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"? Zack Smith, Donald A. Daugherty Each Supreme Court term over the past several years seems to produce more momentous decisions...
May 6 2025 Topics Religious Liberty • State Governments • Supreme Court Blog Post Supreme Court Justices Concerned about Religious Discrimination in Oklahoma’s Charter School Program Philip A. Sechler On Wednesday, April 30, 2025, the U.S. Supreme Court heard oral arguments in Oklahoma Statewide...
May 2 2025 Topics Religious Liberty • Supreme Court Blog Post Oral Argument in Mahmoud v. Taylor: Petitioners Likely to Win, But How Far Will the Majority Go? James C. Phillips Last week, the Supreme Court heard oral argument in Mahmoud v. Taylor, with the argument...
Apr 15 2025 Topics Criminal Law & Procedure • Supreme Court Blog Post SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn Kevin M. Zielinski In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Mar 27 2025 Topics Supreme Court • Telecommunications & Electronic Media • Federalism & Separation of Powers Blog Post Supreme Court Justices Seem Skeptical of Nondelegation Doctrine Claim in FCC v. Consumers’ Research Daniel Lyons On Wednesday, March 26, the United States Supreme Court heard oral argument in Federal Communications...
Jan 15 2025 Topics Constitution • Supreme Court • Free Speech & Election Law Blog Post Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? Christian Corrigan On Friday, January 10, the Supreme Court heard oral arguments in TikTok v. Garland. The...
Dec 11 2024 Topics Civil Rights • Constitution • Litigation • Supreme Court Blog Post United States v. Skrmetti: Oral Arguments Indicate SCOTUS Justices Are Likely to Uphold Tennessee’s Ban on Gender Medicine for Minors Sarah Parshall Perry On Wednesday, December 3, the U.S. Supreme Court heard oral arguments in one of the...
Sep 30 2024 Topics Federal Courts • First Amendment • Litigation • Free Speech & Election Law Blog Post Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related Jack Fitzhenry Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
Sep 18 2024 Publication Federalist Society Review The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule? Ronald A. Cass Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Sep 16 2024 Topics Administrative Law & Regulation • Supreme Court • Telecommunications & Electronic Media Blog Post “Tough Luck, Get a New Statute” Adam Cassady The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Zack Smith, Donald A. Daugherty
Each Supreme Court term over the past several years seems to produce more momentous decisions...
Topics
Supreme Court Justices Concerned about Religious Discrimination in Oklahoma’s Charter School Program
On Wednesday, April 30, 2025, the U.S. Supreme Court heard oral arguments in Oklahoma Statewide...
Topics
Oral Argument in Mahmoud v. Taylor: Petitioners Likely to Win, But How Far Will the Majority Go?
Last week, the Supreme Court heard oral argument in Mahmoud v. Taylor, with the argument...
Topics
SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn
In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Topics
Supreme Court Justices Seem Skeptical of Nondelegation Doctrine Claim in FCC v. Consumers’ Research
On Wednesday, March 26, the United States Supreme Court heard oral argument in Federal Communications...
Topics
Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How?
On Friday, January 10, the Supreme Court heard oral arguments in TikTok v. Garland. The...
Topics
United States v. Skrmetti: Oral Arguments Indicate SCOTUS Justices Are Likely to Uphold Tennessee’s Ban on Gender Medicine for Minors
On Wednesday, December 3, the U.S. Supreme Court heard oral arguments in one of the...
Topics
Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related
Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Ronald A. Cass
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Topics
“Tough Luck, Get a New Statute”
The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...