You Can’t Sit With Us Chief Justice Roberts’ dissent in the White House ballroom case (National Park Service v. National Trust, 609 U.S. ___ (2026), per curiam and Roberts, C.J., dissenting; 40 U.S.C. § 8106; 3 U.S.C. § 105(d)(1)) turned some heads. For its positioning more than its actual position. To wit, The New York […]
A recent essay at the Harvard Law Review blog on the Congressional Review Act (CRA) demonstrates an earnest interest in the arcane corner of public policy where administrative law, statutory interpretation, and legislative procedure all pile up. Further, by offering a constructive reform it does something most of the peanut gallery (myself a season ticketholder) […]
“If even an extremely simple arrangement like the three-body system is unpredictable chaos, how can we have any faith in discovering the laws of the universe?” – Liu Cixin The textbook description of federal administrative law goes as follows: This is the broadest, simplest description of how a binding policy decision goes from legislative consideration […]
Surrender, surrender, but don’t give yourself away” –Cheap Trick (1978) “I’ve got a blank space baby / And I’ll write your name“ Thomas Berry recently flagged the Federal Vacancies Reform Act‘s front-end problem: eligibility so broad that “more than 350 federal officials [can] fill any vacant office, regardless of qualifications.” That’s a sufficient condition to […]