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Challenges to Regulators Mount as the U.S. Supreme Court Mulls Chevron Deference

The 40-year-old doctrine of judges deferring to federal agencies appears headed toward demise, an apparent fate that has spurred a rash of challenges to regulations by plaintiffs increasingly confident of victory.
8 minute read

National Law Journal

Roberts Declines Ethics Meeting With Senate Democrats, Citing Separation of Powers, Proposed Format

"Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances," Chief Justice John Roberts Jr. stated in a letter made available by the court Thursday afternoon.
3 minute read

National Law Journal

Divided Supreme Court Reinstates Death Sentence for Arizona Murders

"The weakness of Jones's mitigating evidence contrasts sharply with the strength of the aggravating circumstances," Justice Samuel Alito Jr. wrote in the majority's rejection of Danny Lee Jones's claim of having received ineffective assistance of counsel at sentencing.
5 minute read

National Law Journal

Supreme Court Revives NRA's First Amendment Suit Against Ex-NY Finance Chief

"Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors," Justice Sonia Sotomayor wrote for the court.
6 minute read

The Recorder

California Districts' Split Over Late ADR Payments May Tee Up Next Arbitration Battle

In an outlier opinion, the Second District Court of Appeal, Division Five held that the Federal Arbitration Act preempts state law requiring companies to pay their arbitration bills on time or risk having claims against them tossed into court.
5 minute read

National Law Journal

Alito Says He Won't Recuse Over Flag Controversy

"A reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal," the justice wrote in a letter to lawmakers.
5 minute read

New York Law Journal

Breyer Says Textualism Leads to 'Abhorrent' Outcomes, But Takes a Light Touch on Its Effects on Today's SCOTUS

The former U.S. Supreme Court justice's book provides excellent analysis of the contrast between textualism/originalism, but was not as forceful as it could have been in highlighting examples where textualism and originalism would produce abhorrent results that could undermine the high court's prestige.
8 minute read

National Law Journal

Supreme Court Should Ban Small Juries in Criminal Cases, Gorsuch Says

"(N)othing prevents the people of Florida and other affected States from revising their jury practices to ensure no government in this country may send a person to prison without the unanimous assent of 12 of his peers," Justice Neil Gorsuch wrote.
4 minute read

National Law Journal

Supreme Court Wades Into San Francisco's Sewage Fight With EPA

According to the city, the EPA's ocean wastewater permit contains "generic" prohibitions on violating applicable water standards without specifying exactly how much pollution can occur without risking enforcement under the federal Clean Water Act.
3 minute read

National Law Journal

Oklahoma Taps Paul Clement to Take on Pharmacy 'Middlemen' at High Court

"PBMs [pharmacy benefit managers] have had a profound and profoundly negative effect on pharmacies and the patients who rely on them," Clement wrote in the petition for Supreme Court review.
5 minute read

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