Month: December 2018

When they return to the bench in January, the justices of the U.S. Supreme Court will consider their first case involving the 21st Amendment in more than a decade. Tennessee Wine and Spirits Retailers Association v. Clayton Byrd involves the co...

In Granholm v Heald, 544 U.S. 460 (2005), the U.S. Supreme Court held that state laws that allow in-state wineries to directly ship alcohol to consumers, but prohibit out-of-state wineries to do the same, run afoul of the Dormant Commerce Clause in ...

The U.S. Supreme Court recently agreed to hear Kisor v Wilkie, which has the potential to be a blockbuster in the area of administrative law. The question before the Court is whether it should overrule Auer v. Robbins, which hold that courts mu...

In Auer v Robbins, 519 U.S. 452 (1997), the U.S. Supreme Court established the standard that courts should apply when reviewing an executive agency’s interpretation of the regulations it established under federal legislation. In a unanimous decis...

The U.S. Supreme Court has sent Weyerhaeuser Company v. United States Fish and Wildlife Service, 586 U. S. ____ (2018), back to the lower court.  It remains to be seen whether this seemingly simple case of statutory interpretation may also signal th...