The D.C. Circuit issued an opinion today in U.S. House of Representatives v. Mnuchin. The opinion holds that the House of Representatives has standing to bring a lawsuit against the Trump administration to prevent President Trump from building a wall along the border with Mexico. Although I have previously said that I believe the House […]
With Justice Ruth Bader Ginsburg’s passing, many pundits claim, rather cavalierly, that her replacement on the Supreme Court—if President Trump’s nominee is confirmed—almost certainly will vote in a way that will mean the end of the modern administrative state as we know it. Or at least that it will mean a dramatic decrease in its […]
As chair of the ABA’s Section of Administrative Law and Regulatory Practice, I am honored to invite you to attend the ABA’s 2020 Administrative Law Conference, which will take place virtually on Thursday and Friday, November 19-20, 2020. You can register for the full two-day program here (or Thursday only here, or Friday only here). […]
Regulatory Policy Committee Presents COVID-19 and Comparative Administrative Law: Assessing National Responses to the Pandemic Friday October 2, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Panelists: Richard Parker, Professor of Law, Policy Director, Center for Energy and Environmental Law, University of Connecticut Cristie L. Ford, Professor of Law, Associate Dean for Research […]
This is a terrific lineup, and the event is free, virtual, and open to the public. Register here.
Government Personnel Committee Presents Latest Developments at the Merit Systems Protection Board Wednesday September 30, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Please join us for a discussion about the latest developments at the Merit Systems Protection Board, including changes in statutes and regulations and a review of significant cases decided in […]
Recently, I wrote an article on (i) why the vote and time requirements to overcome a filibuster are such effective tools for the minority to oppose legislation and (ii) potential procedural options on how to eliminate the filibuster. Subsequent news reports have indicated that if Democrats were to win the Senate in the 2020 elections, […]
Here at the blog I’ve been tracking the fascinating academic debate about the originalist case for the nondelegation doctrine, including the Mortenson-Bagley-Wurman exchange. Christine Kexel Chabot has also blogged about her new article The Lost History of Delegation at the Founding. I wanted to flag another contribution to this debate, this one by Nick Parrillo […]
Like everyone else, I’m saddened at the passing of Justice Ginsburg — another giant of the law. Every year, my Civil Procedure syllabus opens with this observation from “RBG”: “You can have all the rights in the world, but if you can’t enforce them, they aren’t worth very much.” It is hard to find a […]
I’ve engaged in some deviant behavior. I did something you aren’t supposed to do—with someone else or alone. At least if you’re an academic. I’ve written a purely doctrinal article. And I’m not sorry. My latest article, invited for the George Washington Law Review’s Annual Review of Administrative Law, considers—well, the title says it all—How […]
Section 706 of the APA states that “court[s] shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Is Chevron v. NRDC, 467 U.S. 836 (1984), inconsistent with the text of the Administrative Procedure Act, as originally understood? I used […]
The administrative state has often been an engine of racial inequality. It is true that federal agencies have played key roles in implementing civil rights legislation and have sometimes attempted to dismantle entrenched racial disparities. But long before the enactment of modern civil rights laws—and extending long afterward—administrative agencies have helped mark people as racially […]
I’m very excited to see SCOTUSblog teaming up with my amazing colleagues here at The Ohio State University that run the Election Law at Ohio State Program to launch a 2020 Election Litigation Tracker. Each election cycle Election Law at Ohio State has always been the place to go to get top-rate analysis, and I’m […]
The American Bar Association Section of Administrative Law and Regulatory Practice is seeking to hire a program specialist—a second administrator to help Section Director Anne Kiefer administer the programming of the Section. We are a great group of administrative lawyers and scholars, and Anne is terrific to work with. For more on the Section and […]
It has been good to read Notice and Comment’s symposium on racism in administrative power. Questions of prejudice and discrimination have long been left at the margins of the academic study of such power, and the symposium is a gratifying signal that such concerns are at last being accepted as more central. Of course, some of us have been […]