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Supreme Court

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

Last week, in West Virginia v. EPA, the Court concluded that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act when it sought to regulate carbon dioxide emissions through a cap-and-trade system. West Virginia already has the...

Viking River: Understanding What the Court’s Newest Arbitration Case Does to PAGA (and How California Can Fix It)

Viking River: Understanding What the Court’s Newest Arbitration Case Does to PAGA (and How California Can Fix It)

The Supreme Court ruled on Wednesday in Viking River Cruises Inc., v. Moriana that the Federal Arbitration Act (FAA) preempted in part California’s “Private Attorney Generals Act” (PAGA). The majority opinion by Justice Alito nonetheless hinted that the legislature...