Jun 6 2025 Publication Federalist Society Review Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World Dan Morenoff For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
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...
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...
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...
Jul 16 2024 Topics Founding Era & History • Supreme Court Blog Post Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes Robert G. Natelson Our Constitution distinguishes between direct and indirect taxes. Indirect tax rates must be uniform throughout...
Dec 20 2023 Topics Administrative Law & Regulation • Civil Rights • Litigation • Supreme Court Blog Post News ADA Testers Can Keep Testing . . . For Now Karen Harned On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett...
Oct 5 2023 Publication Federalist Society Review Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation Sarah E. Lang In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
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 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
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...
Topics
Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes
Our Constitution distinguishes between direct and indirect taxes. Indirect tax rates must be uniform throughout...
Topics
ADA Testers Can Keep Testing . . . For Now
On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett...
Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation
Sarah E. Lang
In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...