A Small Win for Agency Adjudication
The Supreme Court upholds a high-stakes adjudication system, but important constitutional questions remain.
The Fate of Independent Adjudication and the Civil Service?
Slaughter and Cook rely on historical inaccuracies while raising new questions about agency independence.
Federal Spending Will Be the Next Big Separation-of-Powers Fight
The Supreme Court previews the constitutional clash over who controls federal spending.
Expanded Deference, Diminished Review, Relief Restricted
Urias-Orellana narrows asylum review, raising the stakes for judicial oversight.
Preserving the Adjudicative Capacity of Non-Article III Tribunals
After Trump v. Slaughter, can non-Article III tribunals survive presidential control?
EPA-Approved Pesticide Labels Reign Supreme
The Supreme Court’s Durnell decision strengthens federal control over pesticide warning labels.
A Posthumous Reexamination of Humphrey’s Executor
Scholars discuss the future of agency independence following a recent ruling on for-cause removal protections.
The Tariff Case and the Major Questions Doctrine
After Learning Resources, the major questions doctrine appears more tenuous.
Misframing the Trump-Era Appropriations Battles
Appropriations should serve as substantive limits on executive power.
Administrative Law’s Conceptual Revolution
The Supreme Court has raised new questions by rejecting historic understandings of agency authority.
Trade Regulation by Emergency
A key Supreme Court decision limits presidential tariff power and reinforces why legal discipline matters for international trade.
Article II Removal Power and the Roberts Court’s Reckless Hubris
In weakening checks on executive power, the Roberts Court overlooks the wisdom of its predecessors.