On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and remanded the Commission’s order to divest Grail based on the Commission’s treatment of the merging parties’ rebuttal evidence, it largely upheld the Commission’s decision. On December 17, 2023, after losing at the Fifth Circuit and following an EU order to unwind the merger, Illumina announced that it would divest Grail. Although notable for its application of substantive vertical merger law, the Fifth Circuit also grappled with what has become an increasingly common feature of administrative law: challenges to the constitutionality of administrative proceedings. After the Supreme Court’s decision in Axon Enterprise, Inc. v. FTC to allow constitutional challenges to be brought in district court without first exhausting agency review procedures, such challenges are becoming more common.
The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
Almost half of the states in the country have made it harder to get an abortion since the Supreme Court in 2022 overturned the federal right to get an...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
After a term in which the conservative Roberts court swept aside the Chevron doctrine, a decision that will clip federal agencies’ authority to enact...
In Cantero v. Bank of America, the US Supreme Court declined to decide whether Bank of America Corp. must pay interest on New York mortgage borrowers’...
The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...
On June 27, 2024, the U.S. Supreme Court dismissed a case brought by the federal government regarding whether Idaho’s abortion ban conflicts with a...
Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...
State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy...
On Thursday afternoon, in an important lawsuit seeking to clarify which religious objectors will be taken seriously when they seek legal exemptions, a...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
In February 2024, the Alabama Supreme Court issued an unprecedented decision, finding that frozen embryos should be treated as children under Alabama...
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...