Here is the March 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. I wish I had more time comment, as this month has a particularly strong set of papers. Here’s the list: The Endgame of Administrative Law: […]
The Center for the Study of the Administrative State at George Mason’s Antonin Scalia Law School has another terrific conference planned. This conference, entitled Rethinking Due Process, will be held on April 21, 2017, at the Antonin Scalia Law School. You can register for free here. Here’s the conference description: You are invited to a […]
It’s no secret that the D.C. Circuit is the launching pad for many Supreme Court justices. Indeed, prior to Justice Scalia’s passing, fully half of the Supreme Court came from the D.C. Circuit: Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Ginsburg, and Justice Kagan. (Kagan counts for half; she was nominated to the D.C. […]
I’ve got a piece at Vox discussing what happens next with House v. Price, the Obamacare litigation over whether Congress has appropriated the money to make cost-sharing payments. To bring you quickly up to speed: a district court in Washington, D.C., concluded last year that the Obama administration was breaking the law in making the […]
Judge Gorsuch does not need me to defend him.* His opinions are well written and speak for themselves. (It is not by accident that the American Bar Association deemed him “well qualified” for the Supreme Court!) But this blog has recently published three posts charging Gorsuch with not “car[ing] about precedent”; exhibiting “remarkable carelessness about […]
This is part three of a three-part series on Judge Gorsuch. Last summer when I was taking the New York bar, I ran into an acquaintance who was an incoming clerk for one of President Trump’s Supreme Court short-listers. At some point she asked me what a judge I knew was “like,” and I replied that […]
I’ve reached the happy milestone of republishing my book, The Power and Independence of the Federal Reserve, in paperback. This means a new preface, copied below. It’s long, but because I spend a lot of time in it discussing some of the themes and ideas that first found their home in these digital pages, I thought I […]
Sanctuary cities protect undocumented aliens by adopting policies regarding: (1) inquiries into immigration status, (2) immigration-related detentions, or (3) information-sharing with federal officials. On January 25, President Trump issued Executive Order 13768, which threatens to withhold federal funds from jurisdictions that violate 8 U.S.C. §1373.[1] Section 1373, part of the Illegal Immigration Reform and Immigrant Responsibility […]
This post was co-authored with Rachel Sachs, a law professor at Washington University School of Law. It has been cross-posted at Take Care, a new blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. In his speech after withdrawing the Republican health care bill from consideration on Friday, Speaker of […]
This is part two of a three-part series on Judge Gorsuch. Does Judge Gorsuch care about precedent? The question might seem like asking if Judge Gorsuch cares about stray kittens – of course he cares about precedent. After reading his administrative-law opinions, though, one can wonder. Padilla-Caldera II In Padilla-Caldera v. Gonzales (“Padilla-Caldera I”), the Tenth […]
This is part one of a three-part series on Judge Gorsuch. In the confirmation questionnaire Judge Gorsuch submitted to the Senate Judiciary Committee, he listed Gutierrez-Brizuela v. Lynch first among the list of the ten most significant cases he has decided. It could hardly be otherwise. His concurring opinion in Gutierrez-Brizuela calling for the Court to […]
Now that the potential repeal of Obamacare is off the table (at least for a while), it’s worth turning attention (by all stakeholders) to one of Obamacare’s provisions crafted to accommodate approaches advocated across the political spectrum as well as the balance between local and national scale: Section 1332 State Innovation Waivers and Section 1115 […]
Perhaps I’ve mentioned this before, but one of the most surprising things for me when I clerked for the Supreme Court was the fact that there is a party for the clerks every week. Each Thursday evening, the clerks from one of the chambers hosts a “happy hour” — complete with a meal — for […]
Commentators have argued that the Trump Old Post Office LLC (Trump Hotel LLC) has violated its lease agreement with the General Services Administration (GSA) from the moment that Donald Trump took the Presidential oath. The lease agreement, which relates to the federally owned property through which the D.C. Trump Hotel operates its hospitality business, states […]
The post has been revised to take into account feedback on how best to understand the manager’s amendment. Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act, including changes to the rules governing the essential health benefits. With these tweaks, the House hopes to pass the bill today. House […]