Regulations

The Footnote That Broke Constitutional Law

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The intersection of law and commerce has often been fraught with tension, particularly when economic interests clash with regulatory frameworks. A pivotal moment in this ongoing struggle occurred during the Great Depression, when a product called Milnut challenged the traditional dairy industry. This case not only highlighted the complexities of federal regulation but also led to a landmark Supreme Court decision, notable for a footnote that would reshape constitutional law in ways that continue to resonate today. The Filled Milk Act: A Legislative Response The Filled Milk Act, enacted in response to the emergence of … Read more

SCOTUS Today for Friday, January 30

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As the Supreme Court continues to navigate complex legal issues, the latest developments and decisions are crucial for legal scholars, practitioners, and the general public alike. On January 30, the Court will address various cases that highlight its role in shaping American jurisprudence. From examining foundational principles to addressing contemporary challenges, the discussions surrounding these cases are vital for understanding the evolving landscape of U.S. law. Today’s Notable Cases The Supreme Court is set to hear arguments in several significant cases today. Among these, one case stands out due to its potential implications for federal … Read more

Defending the Fed: Agency Independence in Three Dimensions

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The evolving landscape of agency independence in the United States is undergoing significant scrutiny, particularly in light of recent Supreme Court decisions. The court’s interpretations are reshaping the legal framework surrounding the powers of the President and the autonomy of independent agencies. This transformation invites a closer examination of the principles that govern the tenure of executive officials, particularly in the context of the Federal Reserve Board. Understanding Agency Independence Agency independence has long been a cornerstone of the regulatory framework in the United States, providing a buffer between political influences and the execution of … Read more

Executive Preemption and the Dormant Commerce Clause After Pataki and Paxton

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The legal landscape surrounding executive preemption and the dormant commerce clause has evolved significantly following landmark cases such as Pataki and Paxton. These cases illuminate the complexities of federal and state interactions, particularly in the context of emerging technologies like artificial intelligence (AI). The recent executive order issued by President Trump has raised questions about the balance of power between state regulations and federal authority, particularly regarding the implications for interstate commerce. The Executive Order and Its Implications In December 2025, President Trump signed an executive order that directed the Department of Justice to challenge … Read more