Notice & Comment

Notice & Comment

Notice & Comment

The Meaning of “Set Aside” in 5 U.S.C. § 706(2), by John Harrison

This post adds to the debate about the meaning of “set aside” in 5 U.S.C. § 706(2). That provision of the Administrative Procedure Act instructs courts reviewing agencies to “hold unlawful and set aside agency action, findings, and conclusions” that meet the descriptions that follow, such as those that are “contrary to constitutional right, power, […]

Notice & Comment

SB 8’s Fines Are Criminal, by Guha Krishnamurthi

Texas’s SB 8 law has a unique structure of private enforcement. When it was passed, it was designed to circumvent the then-existing-constitutional protections for abortion healthcare. SB 8 specifically barred public enforcement and instead allowed private actors to stop abortions or collect a bounty for abortions already performed. The bounty regime allows “any person, other […]

Notice & Comment

FTC Litigation After Seila Law

Daniel Fisher at Legal Newsline has authored a fascinating story about ongoing litigation between the FTC and Walmart that presents weighty constitutional questions about the FTC’s litigation authority after Seila Law v. CFPB. Here’s how Fisher’s story begins: Days after the Federal Trade Commission accused Walmart of helping scam artists defraud customers by using its […]

Notice & Comment

Associational Standing in the Affirmative Action Cases

This Term, the Supreme Court is set to hear argument in two cases on affirmative action in college admissions.  One of the cases is against Harvard, the other against the University of North Carolina. Both universities have policies that permit the consideration of race in making admissions decisions.  The question presented is whether considering race […]

Notice & Comment

D.C. Circuit Review – Reviewed: Things Best Left [S]aid

The D.C. Circuit issued nine opinions this week, six of which concern administrative law or related topics.  Beginning with the traditional administrative law cases, Bloomberg v. SEC concerns FINRA’s proposal to create a centralized service that provides bond-market participants core reference data for new issues of corporate bonds. SEC approved the proposal, and Bloomberg—a private […]

Notice & Comment

NAB v. FCC: And Now A Message From Our Sponsors: Part II

In National Assn of Broadcasters v. FCC, No. 21-1171 (July 12, 2022), a D.C. Circuit panel invalidated an FCC rule designed to ensure that material aired by broadcasters was properly identified when coming from a foreign government.  The regulation’s fatal flaw was its requirement that broadcasters check two government databased to ascertain whether the entity […]

Notice & Comment

Call for Nominations: AALS Administrative Law Section Emerging Scholar Award (9/30 deadline)

In January, the AALS Administrative Law Section recognized Benjamin Eidelson and Blake Emerson as co-recipients of its second annual Emerging Scholar Award. Nominations for this year’s award are due on September 30th. Self-nominations are welcome!  Full-time faculty members without tenure at the time of the work’s publication, including those with fellowships, visiting assistant professorships, or similar positions, are eligible. To nominate someone, please send an anonymized version of their work to me, […]

Notice & Comment

The Administrative Conference of the United States Is Hiring! (9/12 deadline)

The Administrative Conference of the United States (ACUS) is seeking to hire an experienced, senior-level attorney advisor at the GS-13 or GS-14 level. The ideal candidate would have at least two years of experience working as an attorney in a setting requiring them to independently manage a portfolio of projects and possess a demonstrative academic or professional […]