Another federal rule lands in court

A Supreme Court decision earlier this year overturned the notion that courts should defer to federal agency regulatory authority when agencies make rules to carry out vaguely-written laws. It was known as the Chevron doctrine. The case that sparked the change is known as Loper. Loper is the fishing boat operator that didn’t want to pay for a federal monitor it was forced to let aboard its boat. Now several parties are suing the National Oceanic and Atmospheric Administration, the agency that made the rule that sparked the Loper case.…

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Fourth Circuit Decision Sets Up Next Potential 2A Showdown at Supreme Court

The U.S. Court of Appeals for the Fourth Circuit upheld Maryland’s ban on so-called “assault weapons” earlier this month, likely setting the stage for the next major Second Amendment showdown at the Supreme Court. The case, Bianchi v. Brown, features Maryland residents who challenge the constitutionality of a 2013 state law that generally prohibits them from buying or possessing any firearm deemed an “assault weapon.” The statute defines that term to include hundreds of specific models of semiautomatic rifles, as well as any other semiautomatic rifle that either (1) has…

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Something Has Gone Deeply Wrong at the Supreme Court

Forget Donald Trump. Forget Joe Biden. Think instead about the Constitution. What does this document, the supreme law of our land, actually say about ​​lawsuits against ex-presidents? Nothing remotely resembling what Chief Justice John Roberts and five associate ​justices declared​ in yesterday’s disappointing Trump v. United States decision​. The Court’s curious and convoluted majority opinion turns the Constitution’s text and structure inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit.​ Imagine a simple hypothetical designed to highlight the key constitutional…

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