This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. We agree with Sen. Eric Schmitt that “Congress must reclaim the habit of legislating.” While much of the senator’s report and commentary addresses the challenges posed by the administrative state, we hope he and […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Congressional Review Act is a congressional eraser that wipes agency rules clean—and prevents their future reenactment. President Trump is wielding the Act more effectively than ever before, with a Republican trifecta in control […]
One of the strongest arguments against the unitary executive interpretation of the Constitution is based on the Opinions Clause. If the President has constitutional authority to direct executive branch officials, why was a clause that authorized him to “require the Opinion, in writing, of the principal Officer in each of the executive Departments” needed? After […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Post-Chevron Working Group Report reads less as a plan to improve Americans’ lives through streamlining agencies and achieving democratic accountability than as a broadside against the functionality of American governance that has risen […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. It has been nearly a decade since Justice Elena Kagan summarized the judicial interpretation zeitgeist by noting that “[w]e’re all textualists now.”[1] And while it may be that textualism is a predominate form of […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Senator Eric Schmitt’s Post-Chevron Working Group Report is live. The document (and the lead-up to its publication) reflects a careful process of congressional engagement with a landmark decision of the Supreme Court—Loper Bright Enterprises […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. I have a certain obsession with Congress’s capacity for legal deliberation. I have tried to build out the promise of the ongoing renaissance in legislative constitutionalism.[i] In Resurrecting the Trinity of Legislative Constitutionalism, I […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. How should one think about Loper Bright? On its face, Loper Bright is a meaningful yet measured Supreme Court decision that requires agencies to act consistently with the best statutory readings. But for some, […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Chevron is now in the dustbin of history, and the Senate Working Group’s Report establishes a blueprint for what Congress should do next. One of my top priorities as General Counsel of DOGE was […]
The Supreme Court’s decision in Trump v. CASA left the legal world grappling with a number of questions about the scope of relief available to plaintiff—some new, some old. One old question at the heart of the debate between Justices Barrett and Jackson: to what extent is a plaintiff who alleges her rights have been violated […]
This post introduces Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Constitution never created, and the American people never voted for, an unelected fourth branch of government. Yet over the last century, a malignant administrative state has grown like kudzu over our constitutional […]
Although the D.C. Circuit didn’t issue any opinions last week, it denied a motion for an emergency stay in Abramowitz v. Lake—another case testing the scope of the President’s power to remove inferior officers. The case concerns the Director of the Voice of America, which is the U.S. government’s international broadcaster. The Director reports to […]
A person, let’s call him John Doe, sees a damaging news report about himself, and suspects it is based on a federal official’s leak of information from a dossier on him compiled by a government agency. Doe brings a Privacy Act case against the relevant agency. Can Doe subpoena the journalist or news organization that […]
This post concludes Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. Thank you to the editors of JREG for organizing the wonderful symposium this week regarding our new book, Automated Agencies: The Transformation of Government Guidance, and thank you to […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. We live in a computerized, point-and-click world. Increasingly, this means that our interactions with the government also are reduced to pointing and clicking at the computer. In […]