Today’s Ad Law Reading Room entry is “The Original Role of Article III in Federal Imprisonment,” by Con Reynolds, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: Since the late 1970s, the Supreme Court has pushed federal courts to defer to prison administrators. This deferential attitude and its justifications-namely, […]
In Chiles v. Salazar, 607 U.S. ___, 146 S.Ct. 1010 (March 31, 2026), slip opinion accessible here, the Supreme Court invalidated Colorado’s ban on providing conversion therapy to minor patients as violative of the Free Speech Clause. In a precursor to the ruling, National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755, […]
During the first half of May, the Eleventh Circuit decided one administrative law case of note. In Alvarez v. Warden, a divided panel affirmed the grant of habeas relief to two unlawfully present aliens challenging their detention without bond. In an opinion written by Judge Marcus and joined by Judge Rosenbaum, the court held that 8 […]
In Loper Bright, the Supreme Court repudiated Chevron’s across-the-board presumption that statutory ambiguities should be treated as implied delegations of discretion to agencies. But Loper Bright did not repudiate the possibility that a court might properly find implied delegation in some cases. Although Loper Bright declared that “statutes, no matter how impenetrable, do—in fact, must—have […]
The Trump administration’s fiscal year 2027 budget proposal to require that compounding pharmacies disclose prominently that their products have never been evaluated by the Food and Drug Administration (FDA) is long overdue; this is a reasonable requirement that advances consumer protection. Unfortunately, the administration couples this sensible proposal to increase transparency with a broader effort […]
New attention is being paid to the Environmental Protection Agency’s Clean Power Plan after the New York Times published memos revealing the Supreme Court’s hurried deliberations before blocking its implementation. The Clean Power Plan, a regulation intended to cut power plants’ climate-changing carbon pollution, never went into effect. Yet it has the distinction of coming […]
We are delighted to announce the schedule for the 2026 Academic Paper Workshops which will be held during the 2026 Administrative Law and Regulatory Practice Section’s Spring Conference on Thursday, May 7 in Washington D.C. The presentation themes, paper titles, presenters, and commenters are below. The academic workshops feature new papers discussed by Authors and […]
Each year, the ABA Section of Administrative Law and Regulatory Practice recognizes outstanding scholarship in administrative law published during the prior year. I write to invite nominations for the 2025 award. Eligible books and articles are those published (copyrighted) in 2025. Publications worthy of the Section’s award generally should be: The award recipient will be […]
I wanted to share a call for applications for this summer’s Separation of Powers Bootcamp, hosted by the Separation of Powers Institute at Catholic Law in Washington, DC. The August bootcamp is geared toward graduating 3Ls and recent law school grads. Applications are due May 29, 2026.
Last week, the D.C. Circuit decided four cases on the merits and issued interim orders in two others. The interim orders involve the scope of an injunction against the Pentagon’s press-pass policy and the court’s jurisdiction to intervene in merger-related proceedings before the FCC. The merits cases involve the SEC’s failure to explain the denial […]
ACUS is requesting information as part of the ongoing project Frontline Decision Making in the Adjudication of Applications. The project will examine and identify best practices for frontline decision making in the adjudication of applications for benefits, loans, grants, licenses, and the like in which there is a later opportunity for a hearing before a federal agency adjudicator. Among other topics, […]
Here is the list of works included in the April 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. This edition summary: For more information about this terrific resource, check […]
This post begins a new series reviewing the administrative law decisions of the Eleventh Circuit. The Eleventh Circuit is the third-busiest federal court of appeals, and it hears cases from Florida, Georgia, and Alabama. Over the past two weeks, the court decided three cases of note. First, it vacated an injunction against the construction of a detention […]
One of President Donald Trump’s first acts of his second term was to proclaim that there was an “invasion” of immigrants at the border between Mexico and the U.S. His proclamation aimed to block people from entering the U.S. and applying for asylum. Last week, the D.C. Circuit held in Refugee and Immigrant Center for Education […]
The Trump administration has generally favored reducing environmental regulations. Yet on April 2, 2026, the Environmental Protection Agency (EPA) and the Department of Health and Human Services (HHS) made coordinated announcements signaling that microplastics—tiny plastic particles found in everything from tap water to human blood—would receive new federal attention. EPA moved to designate microplastics a […]