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SCOTUS braces for administrative law showdown

he upcoming term of the U.S. Supreme Court, starting on October 7, is poised to address significant questions regarding the administrative state. The Roberts Court has shown a tendency towards gradualism, raising the question of how and how quickly it will scale back regulatory powers. Notable cases include Garland v. VanDerStok, which examines the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ authority over ghost guns, and FDA v. Wages and White Lion Investments, which challenges the Food and Drug Administration’s regulatory practices. As the authors, Noel Francisco and Hashim Mooppan from Jones Day, note: “The old days of administrative law—where agencies decide the bounds of their own authority—are over.” The term promises to provide insights into the future of administrative law and the balance of power between agencies and Congress.

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