Roughly 40 years ago, the Supreme Court created what is known as the "Chevron doctrine,” requiring judicial deference to reasonable agency decision-making, where a statute is ambiguous or is invoked ...

Vice President J.D. Vance thinks the courts have no business questioning President Donald Trump's use of a wartime law to summarily deport alleged criminal aliens during peacetime. "I think that the ...

In federal and state courts around the country, Americans often face an uneven playing field when they square off against executive agencies, thanks to doctrines that require judges to rubber stamp ...

Japanese-American children detained at the Manzanar internment camp in California, during World War II. The internment was in part a consequence of special judicial deference to the executive on ...

The Supreme Court eliminated so-called “Chevron deference” more than a year ago. Hatched from the 1984 Chevron v. Natural Resources Defense Council ruling, the doctrine held that courts should defer ...

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Jack Fitzhenry is a legal fellow in The Heritage Foundation's Meese Center for Legal and Judicial Studies. Follow him on X at @Jfitzy_jd. In the spirit of football season, let’s imagine a ...

Alison Somin is a legal fellow at Pacific Legal Foundation, a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse. The Tennessee ...

When the Supreme Court met last week to reconsider judicial deference to agencies’ legal interpretations, the justices grappled with one of the most unsettling qualities of modern government: sweeping ...

Last week the U.S. Court of Appeals for the 4th Circuit upheld a Maryland gun control law that bans "assault weapons" and detachable large-capacity magazines, holding that the Second Amendment offers ...

Over at the Huffington Post, the Institute for Justice’s Evan Bernick jumps into an ongoing debate about the proper exercise of the judicial power. On one side, libertarian constitutionalists (like ...