Over the last several months, attorneys who practice before and litigate against the Committee on Foreign Investment in the United States (“CFIUS”) have been paying close attention to United States v. Suirui, a CFIUS enforcement action in the U.S. District Court for the District of Columbia. In Suirui, the government seeks to enforce a presidential […]
Today’s Ad Law Reading Room entry is “The Case for Administrative Law Pluralism,” by Lev Menand and Noah Rosenblum, which is forthcoming in Building Democratic Capacity: Essays on Administrative Law’s Futures (Blake Emerson, Joshua Macey, Sabeel Rahman & Bijal Shah eds., Cambridge Univ. Press forthcoming). Here is the abstract: Federal administrative law is in flux. […]
Concurring in Trump v. Slaughter, Justice Gorsuch rightly observes that by concentrating power in the President, the Supreme Court’s decision creates new opportunities for that power to be abused. Emphasizing that the “whole of the President’s authority” might be “greater than the sum of its parts,” Justice Gorsuch asks how “a business out of favor […]
If you’re looking for some light beach reading, I’ve got great news: back issues of the Comparative Administrative Law New Scholarship Corner are coming your way! In this post, I’m delighted to wish a happy (belated) first anniversary to the Comparative Administrative Law New Scholarship Corner by posting the May 2026 edition, which includes the […]
This term in Trump v. Slaughter and Trump v. Cook, the Supreme Court overturned tenure protections for most agency heads while recognizing an exception for the Federal Reserve System’s board of governors. Are these decisions correct, do they matter, and what do they imply for federal officials other than agency heads? In this post, I’ll […]
On April 7, 2026, Treasury Secretary Scott Bessent and Federal Reserve Chair Jerome Powell convened the chief executives of five systemically important banks to brief them privately on Claude Mythos Preview, a frontier AI model that Anthropic declined to release to the public. Anthropic made this decision upon finding in its internal testing that the […]
It has been a big summer for the unitary executive theory. The Supreme Court just handed down Trump v. Slaughter: a decisive step that continues the trend of previous decisions in consolidating control of the administrative state in the hands of the President. Here I want to explain how, for all the warranted attention it […]
The FTC’s most recent case against a data broker for illegal practices should encourage more consumer protection agencies to follow suit; but important omissions in the FTCs settlement should be considered by states. A Notable Advance in FTC Unfairness and Privacy Jurisprudence: Banning Sale of Location Data The Federal Trade Commission’s (“the Commission” or “FTC”) […]
The D.C. Circuit issued four opinions last week, and none squarely fall into the admin law category. There was a criminal case, a case about defamation claims under D.C. law, and a case about multiemployer pension fund liabilities. The fourth case was not about agency action, but it did address standing principles that come up […]
Scholars, lawmakers, and the public alike express an intense interest in knowing what motivates judicial decision-making. Are judges like umpires, merely calling balls and strikes, as then-Judge John Roberts claimed at his confirmation hearing? Or, are they instead motivated by ideological commitments or other biases? The dominant view is that judges are driven, at least […]
In April 2026, the White House Council of Economic Advisers issued the 2026 Economic Report of the President. Though seemingly not much noticed to date, Chapter 2 of that report is titled “Promoting Prosperity through Regulatory Reform”.In brief, Chapter 2 makes the case that the growth of federal regulation has imposed significant costs on the […]
The Supreme Court’s recent decision in Trump v. Cook seeks to resolve both narrow questions about the Federal Reserve Act’s (FRA) removal protections and the broad question of Federal Reserve independence. That the Court ruled in favor of Governor Lisa Cook was largely expected, even if it came from a slimmer 5-4 majority than some […]
The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is often described as ending Chevron deference. That description is accurate, but incomplete. The more important question is what the Court expects to happen next. Viewed through an institutional lens, Loper Bright functions as a penalty default rule. For four decades, Chevron reduced the cost […]
The Trump administration’s announcement in May of a nearly $1.8 billion “Anti-Weaponization Fund”—created (though later blocked and perhaps abandoned) as part of a settlement of President Trump’s lawsuit against the IRS—raised questions about whether the parties in the lawsuit were genuinely adverse, whether the court had jurisdiction, and what role courts have in policing potentially […]
The Supreme Court’s recent decision in FCC v. AT&T might restore agency control over initial adjudications that many thought Jarkesy to forbid. As Jeff Wall (counsel for AT&T) argued, this case lets the government “drag in through the back door what in Jarkesy said you couldn’t bring through the front.” Transcript of Oral Argument at […]