Notice & Comment

Results for: william yeatman

Notice & Comment

Biden’s Student Debt Cancellation: The Perils of Policy without Procedure, by William Yeatman and Michael Poon

Last week, Pacific Legal Foundation (where we work) filed an amended class action complaint challenging the Biden Administration’s plan to cancel up to $519 billion in federally held student debt. The short history of our suit sheds light on the program’s shambolic implementation.   After announcing the policy, the Education Department created a website to […]

Notice & Comment

Is Presidential Administration Harder for Republican Presidents?, by William Yeatman

*This is the second post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s By Executive Order: Bureaucratic Management and the Limits of Presidential Power is an important contribution to our understanding of modern policymaking. In particular, […]

Notice & Comment

Ninth Circuit Review-Reviewed: Panel Ushers in Pretextual Review under Dept. of Commerce v. New York, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Panel Nixes Rail Reg over Agency Pretext The biggest development last month was the Ninth Circuit’s inaugural application of *pretextual review* as established by the Supreme Court in […]

Notice & Comment

Ninth Circuit Review-Reviewed: On Administrative Adjudications, Panel Fires Warning Shot across FTC’s Bow, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. FTC Gets Yellow Card over Post-Lucia Constitutional Concerns  After Free Enterprise Fund and Lucia, the constitutionality of independent agency adjudications became an open question. This legal uncertainty, in turn, engendered a spate of original actions […]

Notice & Comment

Ninth Circuit Review-Reviewed: What Is Going on with Preliminary Panels in CA9?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Preliminary Panels: Politics by Other Means? In normal times, injunctive relief is an “extraordinary remedy.” Over the last four years, by contrast, such relief became routine in the Ninth Circuit. While […]

Notice & Comment

Ninth Circuit Review-Reviewed: Is CA9’s En Banc Process Driving Disagreement?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of arguably “the second most important court in the land.” Today’s post marks the second anniversary of this series. Let’s get straight to business. CA9’s En Banc Process Is Broken . . .  A major purpose of en banc proceedings is to bring uniformity to appellate law. It is somewhat ironic, therefore, that the Ninth […]

Notice & Comment

Possible Doctrinal Responses to Ping-Pong Policymaking, by William Yeatman & Christian Townsend

In today’s government, presidents are the primary policymakers, due to their management of the administrative state. On January 20th, therefore, rules affecting almost every aspect of American life will pivot 180 degrees, as the White House changes hands from a Republican to a Democrat administration. Consider the current whipsaw in our nation’s capital. The Trump administration is […]

Notice & Comment

Ninth Circuit Review-Reviewed: What Will Happen to Four Years’ Worth of Anti-Administrativist Jurisprudence in CA9?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. When Trump Is Gone, Will CA9 Start Abnegating? If you’re an anti-administrativist, it’s been a great four years in CA9. During the Trump-era, the Ninth Circuit filled the Federal Reporter with orders […]

Notice & Comment

Ninth Circuit Review-Reviewed: Census Panel Pioneers Pre-decisional, Pretextual Review, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Last month, I was off studying for the bar, which I ultimately didn’t take because I exercised an 11th hour diploma privilege. Let’s get straight to business.  Census Case, Part 1: Final Agency Action?   Department of Commerce v. […]

Notice & Comment

Ninth Circuit Review—Reviewed: Nationwide Preliminary Injunctions before CA9, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we’re going to take a deep dive into a hot-button issue: nationwide preliminary injunctions. Let’s get straight to business. Surveying the Schizophrenic Law of the Circuit on Universal PIs   Prior to the Trump-era, august principles of […]

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Gets Lost in Weeds of APA §§ 702 & 704, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business.  Border Wall Panel Makes Doctrinal Hash of APA Review  One of the 1946 APA’s achievements was to simplify suits against the government. To this end, the Act provides a waiver of […]

Notice & Comment

Taking a Hard Look at DHS v. Regents of the University of California, by William Yeatman

Last week, the Supreme Court handed down an administrative law blockbuster in Department of Homeland Security v. Regents of the University of California (DHS v. Regents). Below, I add my thoughts to those already posted by Aaron Nielson, Chris Walker, Daniel Deacon, and Anya Bernstein.  Immediate Doctrinal Impact: The Rise of Reliance Interests  In Admin Law 101, every student […]

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Grasps for Reins of the Statutory President, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. CA9 Chooses Wrong Controversy to Grow Judicial Review of President’s Statutory Powers  Courts must set aside agency action that is unreasonable. But when reviewing the president’s statutory powers, courts don’t check […]

Notice & Comment

Ninth Circuit Review-Reviewed: Whither the Bend of Law’s Arc in CA9?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. April Was the Cruelest Month (for Law’s Abnegation) Does law’s arc bend steadily toward deference? Or does law invariably bend the knee to value preferences? These questions animate this section.  In late […]

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Is Broken, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. A Divided Court Cannot Stand Every month, I read at least one indignant—and often incredulous—dissent in a major immigration controversy before the Ninth Circuit. March was no exception.  Early in the […]