Category: Administrative Law
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Vacations & Verdicts: Supreme Court Highlights from Summer 2025
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Bondi v. VanDerStok Opinion March 26, 2025 – Ruling 7-2 In Bondi v. VanDerStok, the Court upheld a 2022 Bureau of Alcohol, Tobacco, Firearms and Explosives’ (“ATF”) regulation treating ghost guns and unfinished frames or receivers as “firearms” under the Gun Control Act of 1968.[1] The plaintiffs brought a facial challenge arguing that the kits…
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The Declining Role of FDA Advisory Committees: A Shift Away from Public Safety and Transparency
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At the height of the AIDS pandemic in the 1980s,[1] American citizens begged for a cure.[2] All eyes were on the Food and Drug Administration (FDA). Americans begged for a drug approval that would put an end to this life-threatening disease.[3] Reprieve came in 1987 in the form of AZT, the first drug approved to…
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Major Questions Remain About the Major Questions Doctrine After Biden v. Nebraska
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June 2023 was rife with U.S. Supreme Court decisions on hot button issues. Debt relief, affirmative action, and protections for LGBTQ+ people, for example, were all at the forefront of minds and the national conversation. While Biden v. Nebraska is most notable for settling the debate around the student debt relief plan proposed by the…
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The Potential—and Significant—Shift in Judicial Deference to Agency Statutory Interpretation
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A massive change to administrative law could be on the near horizon. On May 1, 2023, the Supreme Court decided to revisit the test that determines the level of deference given to agency statutory interpretation.[1] The test, announced in Chevron, U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837 (1984), is two-pronged, asking: (1) has…