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National Law Journal

With Help From 'Loper Bright,' San Francisco Says EPA Misreads Clean Water Act

The California city, locked in a legal battle with the federal agency over a permit for sewage discharge into the Pacific Ocean, invoked the Chevron deference-ending decision several times in its opening brief to the Supreme Court.
4 minute read

New York Law Journal

Indicting Ham Sandwiches Is No Longer Funny!: 'Enough Already,' US Supreme Court Says

The Supreme Court has taken—and overturned—a remarkable number of cases involving alleged prosecutorial overreach over this last decade because it evidently sensed a troubling trend, Law Journal columnist and retired Court of Appeals Judge Joseph Bellacosa writes.
6 minute read

New York Law Journal

Exempting 'Transportation Workers' From Arbitration: 'Bissonnette'

A discussion of 'Bissonnette v. LePage Bakeries,' where the Supreme Court unanimously reversed the U. S. Court of Appeals for the Second Circuit, finding that the plaintiffs, while indeed purveyors of bakery products, nevertheless qualified as transportation workers, and were therefore exempt from arbitrating their claims.
8 minute read

National Law Journal

9th Circuit's Unusually Low Reversal Rate This Supreme Court Term Doesn't Tell Full Story

"Within this 50% affirmance rate, which is itself surprising to most people, you have individual cases that depart from the pattern one has come to expect in Ninth Circuit cases in the Supreme Court," said professor Arthur Hellman. "[But] I think it may be simply happenstance."
7 minute read

National Law Journal

Latest Term Reveals Justice Barrett's 'Meticulous' Approach to Judging

"I think she has clearly distinguished herself from the most conservative wing of the court," Berkeley Law Dean Erwin Chemerinsky said of Amy Coney Barrett.
9 minute read

National Law Journal

'Chevron' Deference's Demise Likely Emboldens EPA's Opponents, Environmental Law Experts Say

The Environmental Protection Agency will "face a much more skeptical federal judiciary," said Robert Glicksman, a George Washington University law professor.
4 minute read

National Law Journal

'Ground Shifted': 6th Circuit Judge Doubts Chevron-Based Ruling Still Applies in Family Planning Case

Raymond Kethledge seemed doubtful of the Biden administration's argument that a 1991 U.S. Supreme Court decision that relied on Chevron remains binding precedent.
5 minute read

Litigation Daily

'Should I Sue?': Navigating the New APA Landscape With Latham's Phil Perry and Andrew Prins

With the Supreme Court handing down two blockbuster APA decisions at the end of last term, federal agencies and private companies are adjusting to the new lay of the land.
8 minute read

National Law Journal

Biden Administration Fights New Student Debt Relief Challenge at Supreme Court

Texas, Alaska and South Carolina seek an emergency order blocking the president's plan to reduce the percentage of discretionary income borrowers must spend on student debt repayment.
3 minute read

National Law Journal

Supreme Court Stalls Texas Execution While Considering Bid for DNA Testing

Ruben Gutierrez has been fighting to obtain DNA testing to show the murder was committed by his accomplices and that he should therefore be spared the death penalty.
3 minute read

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