Supreme Court Citations

An essay published The Regulatory Review was cited by Associate Justice Neil M. Gorsuch in his concurring opinion in West Virginia v. EPA.

Justice Gorsuch referenced “The Nondelegation Doctrine Is Alive and Well in the States” by Randolph J. May, president of the Free State Foundation and former chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. May’s opinion piece was published by The Review in October 2020.

“This is just another sign of the important work that our law students do in producing The Regulatory Review — not to mention the influential audience that the publication attracts,” said Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science. Coglianese created, and continues to serve as faculty advisor of, The Regulatory Review, a global online daily publication covering issues of administrative and regulatory law and policy.

In the same concurring opinion, Justice Gorsuch also cited and quoted from some of Coglianese’s own research on regulatory guidance.

The Regulatory Review is sponsored by the Penn Program on Regulation, a research and teaching-oriented program that links together over sixty faculty members from across the University of Pennsylvania. Coglianese founded the program and serves as its director.

Learn more about the pathbreaking research and scholarship featured in The Regulatory Review.