“Chevron Deference Is a Case of Too Much Judicial Restraint; The precedent strips judges and lawmakers of legitimate power and hands it to bureaucrats”: David B. Rivkin Jr. and Andrew M. Grossman will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“It ain’t over ’til it’s over: Why the order granting intervention in the mifepristone case is wrong.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“Full U.S. appeals court to consider Maryland assault weapons ban; 4th Circuit to hear three Second Amendment cases en banc in March; Cases include two challenges to Maryland gun control laws”: Nate Raymond of Reuters has this report.
“Why Right-Wing Activists Have Strong Opinions About the Supreme Court’s Big Fishing Regulations Case; No matter their pet project, conservative organizations have a powerful mutual interest in upending the way modern government works”: Madiba K. Dennie has this post at Balls and Strikes.
“The takings clause with Robert McNamara”: “SCOTUSblog” has this post featuring a YouTube video.
“Going Postal: Judge Mizelle Acting Very, Very Badly (Again) in Huge Second Amendment Case.” Eric Segall has this blog post at “Dorf on Law.”
“Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence”: James M. Beck has this post at the “Drug & Device Law” blog.
“Enforcing the Law to Disqualify a Violent Insurrectionist Is Good, Actually; The Fourteenth Amendment includes a very specific prescription for people who engage in political violence; Why are so many pundits straining to find a workaround?” Michael Liroff has this post at Balls and Strikes.
“The U.S. Lacks What Every Democracy Needs”: Online at The New York Times, law professor Richard L. Hasen — founder of the “Election Law Blog” — has a guest essay that begins, “The history of voting in the United States shows the high cost of living with an old Constitution, unevenly enforced by a reluctant Supreme Court.”
“A little fish at the Supreme Court could take a big bite out of regulatory power”: Mark Sherman of The Associated Press has this report.
Jennifer A Dlouhy and Greg Stohr of Bloomberg News report that “Supreme Court Fishing Case May Hobble Agency Power on Climate to Crypto; Justices to consider shrinking agency leeway over unclear laws; Regulating new industries, issues may be among most difficult.”
Kimberly Strawbridge Robinson of Bloomberg Law reports that “Pro-Business Supreme Court to Be Tested in Regulatory Showdown; Justices consider overturning 40-year-old ruling on agency power; Cases highlight complexity behind court’s pro-business reputation.”
And Michael Macagnone of Roll Call reports that “Supreme Court to hear arguments on landmark regulatory doctrine; Justices could overturn nearly 40-year-old decision that gave deference to agency interpretations of ambiguous laws.”
“US Supreme Court Struggles with Right to Sue in Property Fight”: Lydia Wheeler of Bloomberg Law has this report.
“Federal appeals court rejects Trump petition over Special Counsel Jack Smith access to Twitter feed; Trump can now ask the Supreme Court to review the matter”: Brooke Singman and Bill Mears of Fox News have this report on an order denying rehearing en banc that the U.S. Court of Appeals for the D.C. Circuit issued today.
“How Donald Trump’s Candidacy Tests the US Constitution”: Gregory Korte of Bloomberg News has this report.
“A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer; The case, to be argued by lawyers linked to the petrochemicals billionaire Charles Koch, could sharply curtail the government’s regulatory authority”: Hiroko Tabuchi of The New York Times has this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.