Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

D.C. Circuit Review – Reviewed: Version 2.0

Tomorrow is the first day of the D.C. Circuit’s new term. And today is the first day of Version 2.0 of D.C. Circuit Review – Reviewed, your weekly source of information on the nation’s “second most important court.” Between 2015 and 2020, I closely tracked the D.C. Circuit’s cases.* Over time, I learned the patterns; […]

Notice & Comment

The Logic of Collins v. Yellen

Today, President Biden fired the head of the Social Security Administration, despite the fact that Congress has declared that “[a]n individual serving in the office of Commissioner may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office.” The Office of Legal Counsel justified this […]

Notice & Comment

D.C. Circuit Review – Reviewed: More Chevron Waiver (Part Two)

Last year, I wrote a post called “More Chevron Waiver.” My point was that although the D.C. Circuit has held that “an agency’s lawyers cannot forfeit the applicability of Chevron deference unless the underlying agency action fails to manifests its engagement in the kind of interpretive exercise to which review under Chevron generally applies,” the Supreme Court (per Justice Breyer) in County of Maui […]

Notice & Comment

“Deconstructing” the Administrative State …

As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state.  The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]

Notice & Comment

D.C. Circuit Review – Reviewed: Smallness

The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]

Notice & Comment

The Future of Chevron Deference

A few weeks ago I posted a registration link for the Duke Law Journal’s administrative law symposium on The Future of Chevron Deference. The symposium will be held via Zoom on February 5, 2021. The event is free and I’m confident that it will be worth your time. In connection with that event, I’m pleased […]