Notice & Comment

Author: Adam White

Notice & Comment

Why the Supreme Court Might Overrule Seminole Rock

In 1951, when Kenneth Culp Davis published his first comprehensive study of administrative law under the newly enacted APA, he explained that the deference courts give interpretative rules necessarily depends on a range of factors, from “the relative skills of administrators and judges in handling the particular subject matter” to “the extent of judicial confidence […]

Notice & Comment

Analyzing oral arguments in United States v. Texas

Wednesday, April 20, 2016 | 4:00 PM – 5:00 PM Eastern | Teleconference Today the Supreme Court heard oral argument in United States v. Texas, one of the year’s most closely watched cases on constitutional and administrative law. The State of Texas and other plaintiffs challenge the Department of Homeland Security’s guidance on enforcement of […]

Notice & Comment

The Fed Knows Prices, But the Founders Knew Real Values

Peter Conti-Brown’s terrific study of the Federal Reserve arrives amid a small boomlet—I won’t say “bubble”—of new books on our central bank: Roger Lowenstein’s America’s Bank: The Epic Struggle to Create the Federal Reserve; former Chairman Bernanke’s memoir, The Courage to Act; similar memoirs by former Chairman Greenspan and former Treasury Secretary Geithner; Philip Wallach’s […]

Notice & Comment

Scalia and Chevron: Not Drawing Lines, But Resolving Tensions

Among the many reasons for mourning Justice Scalia’s untimely passing (on which I’ve written at length elsewhere) is the fact that his death abruptly cut short his late-career reconsiderations of the administrative state. As Aaron Nielson observes, recent years had seen Justice Scalia expressing serious doubts about judicial deference to agency interpretations of their own […]

Notice & Comment

Defining Deference Down

CJW Note: Over at SCOTUSblog, there’s a great symposium on King v. Burwell. I thought I’d cross-post, with permission, one of the contributions, by Adam White, that relates to my post yesterday about the effect of King v. Burwell on administrative law. Here is Adam’s post: As many have by now noted, Chief Justice John Roberts asked only […]