Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

Executive Order on Improving Customer Service (Plus This Week’s Plenary Session of the Administrative Conference)

Today, President Biden issued an Executive Order entitled Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government. I suspect that others will provide more substantive thoughts about the order’s various parts. Here, however, is the fact sheet if you want a summary and a list of the agencies involved. There is a lot […]

Notice & Comment

New to SSRN: Congress’s Anti-Removal Power

Last fall, in Collins v. Yellen, the U.S. Supreme Court invited me to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency. By statute, the president can only fire the head of the FHFA “for cause.” The question in Collins was whether that provision unconstitutionally limits the president’s removal power. […]

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 […]