Notice & Comment

Author: Kristin E. Hickman

Notice & Comment

The Limitations of Law and Leviathan, by Kristin E. Hickman

*This is the tenth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. In Law and Leviathan: Redeeming the Administrative State, Cass Sunstein and Adrian Vermeule offer what must be described as a fairly rosy account of […]

Notice & Comment

Justice Gorsuch and Waiving Chevron

The Supreme Court has denied certiorari in Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, also known as the bumpstocks case. The D.C. Circuit relied on Chevron deference in upholding the regulations banning bumpstocks. In a statement respecting the denial of certiorari, Justice Gorsuch objected to the D.C. Circuit’s reliance on Chevron deference. One […]

Notice & Comment

Justice Thomas, Brand X, and Baldwin

The Internet and academia are abuzz about Justice Thomas’s dissent from the Supreme Court’s denial of certiorari in Baldwin v. United States. Specifically, Justice Thomas called upon the Supreme Court to reconsider its 2005 decision in National Cable & Telecommunications Ass’n v. Brand X Internet Services. The Court in Brand X held that an administering […]