Supreme Court Decision Dynamics & Standards of Review
Rule of Five & Plurality Rules
A binding majority opinion requires at least 5 justices. When 5 agree on the judgment but not the rationale (e.g. 4-1-4), the Marks v. United States rule establishes the narrowest grounds of concurrence as binding precedent for lower federal courts.
Post-Chevron Regulatory Review
Following Loper Bright Enterprises v. Raimondo, federal courts no longer defer to agency interpretations of ambiguous statutes. Agency statutory claims on climate, labor, and immigration are scrutinized under de novo statutory construction and the Major Questions Doctrine.
Second Amendment Bruen Test
Under New York State Rifle & Pistol Ass'n v. Bruen and United States v. Rahimi, firearms regulations must be consistent with the Nation's historical tradition of firearm regulation, requiring courts to assess historical analogues from 1791 and 1868.