As readers are no doubt aware, last week the Supreme Court invalidated the Trump administration’s rescission of the DACA program. In this post, I want to examine an argument that seemed not to matter to the decision, though arguably the Chief Justice implicitly rejected it. The argument holds that an agency can rescind (or decline … Continue reading No, Agencies Are not Allowed to be “a Little Bit Wrong” About the Constitution, by Daniel T. Deacon