Thomas Berry Profile picture
Legal Fellow, Robert A. Levy Center for Constitutional Studies, @CatoInstitute. Editor in Chief, Cato Supreme Court Review.
Jun 28, 2024 16 tweets 3 min read
Today the Supreme Court overruled Chevron v. NRDC and returned the authority to decide questions of administrative law to its rightful place: the courts. 🧵

supremecourt.gov/opinions/23pdf… Under Chevron, courts were required to defer to an agency’s “permissible” interpretation of a statute whenever that statute was found to be ambiguous.
Mar 15, 2024 9 tweets 2 min read
When does a public official’s social media activity constitute state action subject to the limits of the First Amendment? That is the question raised in two cases decided by the Supreme Court today. In Lindke v. Freed, the unanimous Supreme Court (in an opinion by Justice Barrett) clarified the relevant questions necessary to determine whether a public official’s social media post is state action.

supremecourt.gov/opinions/23pdf…
Feb 28, 2023 8 tweets 3 min read
Short thread on today's student loan forgiveness arguments at the Supreme Court:

Justice Kavanaugh put it best today when he described the history of the Supreme Court’s review of unilateral Executive-Branch actions ... (1/8) Justice Kavanaugh: “Some of the biggest mistakes in the Court’s history were deferring to assertions of executive emergency power; some of the finest moments in the Court’s history were pushing back against presidential assertions of emergency power.” (2/8)