Abbe R. Gluck

Justice Jackson reignites the interpretation wars, adding to textualism’s emerging cracks

State and federal courts jockey for power in the Roundup case and other mass public harms

Legislative history lives on – in secret

The major debate over major questions in the tariffs decision is only the beginning

When rules of statutory interpretation change midstream

In tariff cases, verbs rather than major pronouncements about presidential power give the court the off-ramp it’s looking for

A year after Loper Bright: textualism, shadow Skidmore, and a new major questions exception

Expertise after Chevron: A potentially pyrrhic victory on executive control over preventive care

This is part of SCOTUSblog’s term in review series, in which scholars analyze some of the most significant cases of the 2024-25 Supreme Court term. With so much going on, it might have been easy to miss that the Affordable Care Act made its eighth major trip to the Supreme Court this term.

Justices to review novel bankruptcy maneuver in public harms litigation

Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday, is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation.

Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills.

In opioids “pill mill” case, justices grapple with physician intent

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances.

Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances.