Notice & Comment

Notice & Comment

Notice & Comment

A Chance to Clarify Standing

On Monday, the Supreme Court granted certiorari in Spokeo, Inc. v. Robins to resolve a basic question of Article III standing: Does a person has standing to sue to seek redress for the violation of a right, even if he did not suffer any other injury from the rights violation? This is the second time […]

Notice & Comment

The Senate’s Proposed King Fix is Flawed

If the government loses in King v. Burwell, Congress will come under intense pressure to restore insurance subsidies in the 34 states that refused to set up their own exchanges. Anticipating the tricky post-King politics, Senate Republicans appear to have coalesced around a bill crafted by Senator Johnson that would extend subsidies through 2017 to […]

Notice & Comment

A Chance to Clarify Standing, by Andy Hessick

On Monday, the Supreme Court granted certiorari in Spokeo, Inc. v. Robins to resolve a basic question of Article III standing: Does a person has standing to sue to seek redress for the violation of a right, even if he did not suffer any other injury from the rights violation? This is the second time […]

Notice & Comment

The FCC’s Title II Reclassification: The Lawsuits Are Here!

Now that the FCC’s Open Internet/Title II Reclassification Order has finally arrived (along with the inevitable lawsuits), I thought I would do a brief addendum to my prior post on the various legal challenges confronting the FCC’s plan. (For Gus Hurwitz’s response to that post, and my reply, see here and here.) One thing my prior […]

Notice & Comment

Don’t You Dare Say “Death Tax”!

In a prior post, I discussed how I thought the use of the phrase “IRS Code,” as opposed to “Internal Revenue Code,” reflected some sloppiness on the part of the speaker, but that the phrasing was not inherently misleading. Here, I want to discuss whether another phrase that triples the blood pressure of the typical […]

Notice & Comment

Policy, Politics, and Administrative Law: The Obama Administration’s Deferred Action Program

The Obama administration’s deferred action program for eligible undocumented immigrants has thrust an obscure issue into the spotlight: when must federal agencies allow the public to comment on their policy initiatives? In February, a federal judge issued a temporary injunction against the program largely on the grounds that the Department of Homeland Security’s (DHS) decision […]

Notice & Comment

Eleventh Circuit finds Tobacco Suits Preempted: Trouble for Future Public Health Regulations?

In a surprising ruling, a three-judge panel of the Eleventh Circuit ruled last week in Graham v. R.J. Reynolds Tobacco Company that strict liability claims and negligence claims in the long running Engle-progeny litigation are preempted by federal law. The decision, written by Judge Tjoflat, applied a broad reading of the implied preemption doctrine, concluding that […]

Notice & Comment

The “IRS Code”

Recently, Senator Ted Cruz made headlines with his claim that the “IRS Code” contains more words than the Bible, with “not a one of them as good.” The Washington Post fact-checked that claim but in doing so, opened up another hornet’s nest. Academics across the country wrote in to take issue with the WaPo’s parroting […]

Notice & Comment

​Could New State Exchanges Qualify for Subsidies?

If the Supreme Court rules for the plaintiffs in King v. Burwell, the thirty-four states without their own exchanges will come under immense pressure to create them. But there’s a catch, one that so far has gone unmentioned in the debate over King. Could residents of the states with new state-based exchanges even qualify for […]

Notice & Comment

Reforming the Fed the Right Way

There was a time when the Fed Chair’s semi-annual testimony before the House or Senate was something of a love fest. Chairman Greenspan would be celebrated by members on the left and right, each side eager to latch onto the growing perception that Greenspan—and the Fed—was the best thing going in U.S. economic policy. Judging […]