This American Life has produced a broad look at the state of immigration adjudication, from asylum applications to criminal border crossing prosecutions and from applications for legal status to refugee admissions. The discussion about the notebook— a hand-written list of people waiting in line in Mexico to even approach the border– is especially intriguing. The […]
Yesterday the House Judiciary Committee marked up and reported out favorably legislation that would attempt to prohibit federal courts from issuing certain types of nationwide injunctions: No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the […]
The D.C. Circuit did not decide any cases this week. This creates a dilemma. How should you spend your “five minutes”? One option is to listen to this song and call it a week. That would be a very good choice. For those of you, however, who would like to learn something new about the […]
That’s the title of a new perspective piece from Rachel Sachs and me in the New England Journal of Medicine. The Trump administration has refused to allow Massachusetts to experiment with a closed formulary, which would give the state some leverage in price negotiations over low-value drugs. But, as we explain, CMS has offered no written explanation whatsoever for its refusal. […]
NOTE: The next deadline for applications is November 1, 2018. Grant awards will be announced in January 2019. The Dirksen Congressional Center invites applications for grants to fund research on congressional leadership and the U.S. Congress. The Center, named for the late Senate Minority Leader Everett M. Dirksen, is a private, nonpartisan, nonprofit research and educational […]
Last week’s hearing in Texas v. United States convinced a lot of observers, me included, that a district court judge in Texas is poised to declare that all or part of the Affordable Care Act is unconstitutional. When and if he does so, the judge might also enter an injunction ordering the administration to stop enforcing the Act […]
The Supreme Court appears poised to entertain an impending challenging to the well‑developed Circuit law defining the scope of Freedom of Information Act (“FOIA”) Exemption 4 — the National Parks/Critical Mass test. This post is the second in a series. The first described the development of the National Parks/Critical Mass doctrine and recounted the somewhat […]
From the Federalist Society’s website: Skepticism of the Chevron doctrine has risen in recent years, with some commentators calling for the Court to overturn or Congress to repeal Chevron. The addition to the Supreme Court of Justice Neil Gorsuch — a Chevron skeptic — prompted much speculation about Chevron’s future. The nomination of Judge Brett Kavanaugh […]
Here are the details: 2018 Administrative Law Conference November 1-2, 2018 | Washington Convention Center, Washington, DC The final agenda for the 2018 Administrative Law Conference is coming soon. Take advantage of our Section Member and Group Discount rates listed below! Topics include the following: Developments in Administrative Law (Parts I & II) Lucia’s Aftermath: […]
There is a good chance that the Senate will confirm Judge Kavanaugh to the Supreme Court. If that happens, a plurality (at least*) of the Justices will be alums of the D.C. Circuit: Chief Justice Roberts, and Justices Thomas, Ginsburg, and Kavanaugh. This lopsidedness will not be unprecedented. Before his passing, Justice Scalia sat on […]
Between Regulation and Legislation Call for Papers for Special Issue of The Theory and Practice of Legislation Guest Editors: Nir Kosti, David Levi-Faur, Guy Mor, The Hebrew University of Jerusalem We live in an age in which different types and sources of legislation, including statutes, regulations, decrees, orders, acts, by-laws, case law, treaties and codes, continuously […]
This week, the IRS tried to clarify how proposed regulations on state tax credit programs apply to Section 162(a) business deductions. But its attempted clarification has created only more problems. Under the proposed regulations, a taxpayer who makes a transfer to a Section 170(c) organization must reduce her charitable contribution deduction by the amount of any state […]
Tomorrow, the Administrative Conference of the United States begins fall committee meetings on a slate of projects, including: (1) Regulations.gov and the Federal Document Management System; (2) Public Engagement in Rulemaking; (3) Recusal Rules for Administrative Adjudicators; (4) Public-Private Partnerships; and (5) Public Availability of Adjudication Rules. These projects are targeted for completion at the 70th […]
On August 29, the Supreme Court ordered recall of the mandate in an Eighth Circuit case, Food Marketing Institute v. Argus Leader Media, 889 F.3d 914 (2018). It issued the Order, available here, in anticipation of a certiorari petition attacking the foundations of well-developed Circuit law defining the scope of Freedom of Information Act (“FOIA”) […]
You might recall that nine days after President Trump issued Executive Order 13,771, a set of influential interest groups filed a lawsuit in the U.S. District Court for the District of Columbia. That challenge, filed by Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America, AFL-CIO on February 8, 2017, is still […]