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Supreme Court decisions on administrative law hand Congress opportunity for key reforms
Near the end of its 2024 term, the Supreme Court issued several decisions that create fundamental changes in the way federal regulatory agencies and Cabinet…
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The Supreme Court’s New New Deal
In the final weeks of its 2024 term, the Supreme Court of the United States issued several opinions that transform the nation’s regulatory climate. The…
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New bill would restore agency deference and weaken Congress’s authority
New legislation introduced today by Senator Elizabeth Warren (D-MA) would reverse the recent Supreme Court decision in Loper Bright and codify deference to federal…
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A remembrance: C. Boyden Gray, 1943-2023
We mourn the passing of C. Boyden Gray. He was a man of his family, the law, and his country. Boyden served in the highest…
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Time to rip the veil of secrecy off government agencies’ in-house courts
In a previous piece, we explored some of the pros and cons of administrative law courts (ALCs). These are regulatory agencies’ special in-house courts,…
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New Jersey fishermen challenge Chevron deference
Big news out of the Supreme Court this week as justices have agreed to hear a lawsuit challenging the so-called Chevron doctrine, a policy requiring…
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Report: Civil Forfeiture Policy Unjustly Deprives People of Property
An updated Competitive Enterprise Institute report calls attention to five myths used to justify the unjust law enforcement practice known as civil asset forfeiture.
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Five Myths of Civil Forfeiture
Executive Summary Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil…
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Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court
The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can hear…