Supreme Court Decisions

Explore pivotal rulings and landmark cases from the highest court in the land in our dedicated section on Supreme Court Decisions. Visitors will find in-depth analyses, video interviews with legal experts, and comprehensive articles that break down the implications of key decisions on various areas of law, including constitutional rights, civil liberties, and federal regulations. Stay informed with our curated resources, designed to empower individuals seeking clarity on how Supreme Court rulings impact the legal landscape.

25 posts

What Landmark Legal Precedents Are Set by the Latest Supreme Court Rulings?

April 23, 2025 • By Jack Gilbert

The latest U.S. Supreme Court rulings set landmark precedents by redefining constitutional and statutory standards that lower courts must follow nationwide. These decisions can immediately reshape how rights are protected, how federal agencies regulate, and how key disputes are litigated. This article identifies the most consequential new precedents, explains the legal tests they establish, and […]

Constitutional Law Criminal Law

Stare Decisis in Criminal Cases: Precedent in Legal Decisions

January 25, 2025 • By Jack Gilbert

Stare decisis in criminal cases means courts follow binding precedent from higher courts, with federal courts bound by the U.S. Supreme Court and circuit precedent. It promotes consistent rulings while still allowing change when prior decisions are clearly wrong or unworkable. This article explains how precedent operates in criminal decisions and when courts may depart […]

Civil Litigation Constitutional Law

Supreme Court Bar Future: Sullivan & Cromwell’s Morgan Ratner in Spotlight

December 5, 2024 • By Jack Gilbert

Morgan Ratner of Sullivan & Cromwell is emerging as a leading next‑generation Supreme Court advocate at one of the nation’s top firms. Her ascent reflects a shifting Supreme Court bar where new litigators are gaining prominence in high‑stakes appellate work. This article examines Ratner’s role and what it signals for the future of Supreme Court […]

Administrative Law Constitutional Law

The hard look doctrine’s role in arbitrary and capricious determinations

November 20, 2024 • By Jack Gilbert

Under the APA, courts apply the hard look doctrine to enforce the “arbitrary and capricious” standard by requiring agencies to give a reasoned explanation grounded in the record. If an agency ignores important factors, contradicts evidence, or fails to address alternatives, the action can be set aside. This article explains the doctrine’s origins, how courts […]

Administrative Law Constitutional Law

Procedural vs. substantive arbitrary and capricious review: What’s the difference?

November 20, 2024 • By Jack Gilbert

Procedural arbitrary and capricious review targets flaws in the agency’s decisionmaking process (e.g., ignored comments or inadequate explanation), while substantive review targets the reasonableness of the outcome based on the record. Both apply under the APA’s “arbitrary, capricious, an abuse of discretion” standard in 5 U.S.C. § 706(2)(A). This article explains the differences, key cases, […]

Administrative Law Constitutional Law

Circuit court interpretations: Analyzing arbitrary and capricious rulings

November 19, 2024 • By Jack Gilbert

The APA’s “arbitrary and capricious” standard appears in 5 U.S.C. § 706(2)(A) and requires agencies to show a reasoned explanation grounded in the record. Circuit courts apply it by checking whether the agency considered relevant factors and explained departures from prior policy without ignoring key evidence. This article compares major circuit approaches and what they […]

Administrative Law Civil Law Explained

Exploring the Arbitrary and Capricious Test in Judicial Review Processes

November 12, 2024 • By Jack Gilbert

Courts applying the “arbitrary and capricious” test generally uphold an agency decision if it is reasonable and supported by the administrative record, and will set it aside only when the agency failed to consider important factors, relied on improper considerations, or offered an irrational explanation. Rooted in the Administrative Procedure Act, this deferential standard focuses […]

Administrative Law Civil Law

The Evolution of the Arbitrary and Capricious Standard: A Historical Overview

November 12, 2024 • By Jack Gilbert

The arbitrary and capricious standard is a “reasoned decisionmaking” test under the APA’s Section 706(2)(A) used by U.S. courts to set aside irrational agency actions. It evolved through key Supreme Court decisions that clarified how agencies must explain facts, consider relevant factors, and avoid unexplained inconsistency. This article surveys the standard’s historical development and its […]

Administrative Law Constitutional Law

What impact does overturning Chevron have on the arbitrary and capricious standard?

November 2, 2024 • By Jack Gilbert

Overturning Chevron reduces judicial deference to agencies, so courts are more likely to find actions arbitrary and capricious under APA §706(2)(A) without relying on agency statutory interpretations. Agencies must better justify both their legal authority and factual reasoning in records and explanations. This article explains the new review framework and practical effects across major regulatory […]

Administrative Law Constitutional Law

What are the implications of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo for federal agencies?

November 1, 2024 • By Jack Gilbert

In Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference, requiring federal courts to use independent judgment when interpreting ambiguous statutes. This shifts power from agencies to judges and increases uncertainty and litigation risk for regulations. This article explains what changes for agency rulemaking, enforcement actions, and pending challenges. The Supreme Court’s decision […]

Constitutional Law Executive Branch

How did the Supreme Court’s 2024 rulings expand presidential immunity and impact federal regulatory authority?

November 1, 2024 • By Jack Gilbert

In 2024, the Supreme Court expanded presidential immunity by shielding core official acts and limiting when prosecutors may use or probe them, while also weakening federal agencies’ rulemaking power by overruling Chevron deference. Together, these decisions shift power toward the presidency and courts and away from executive-branch regulators. This article explains the key holdings, practical […]

Civil Rights Constitutional Law

How to Legally Organize a Protest or Demonstration

July 8, 2024 • By Jack Gilbert

In the U.S., you can legally organize a protest without a permit in many public forums, but permits are often required for marches, street closures, or amplified sound. Compliance with neutral time, place, and manner restrictions helps protect First Amendment rights and reduce arrest risk. This article covers key cases, laws, permits, and practical steps […]

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