Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]
There’s no shortage of colorful players in the last round of health care debates. Senators battling kidney and brain cancer, the parliamentarian’s star turn, presidential surrogates and their sideshows, all preceded the ultimately fruitless (until now) effort to repeal the Affordable Care Act. One of the most intriguing institutional players in the debate was the […]
At 10pm on Thursday, the Senate finally released a “repeal” bill—the Health Care Freedom Act—that may have the votes to pass. If you’ve been following the reporting, it’s mostly as expected. The bill repeals the individual mandate, delays the employer mandate until 2025, delays the implementation of the medical device tax until 2021, and defunds […]
417 pages. Four hundred seventeen pages. Cuatrocientos diecisiete páginas. Quadringentos annos pages. 417ページ.* The D.C. Circuit’s opinions this week come in at 417 pages. And these pages are not easy pages; we have high-level constitutional law, dense environmental law, a major circuit split about Medicare, a very important case about terrorism, and a sighting of […]
The Immigration Law Section has out two calls for papers for AALS 2018. San Diego! In January! Both calls are posted below. One is for works in progress, the other is for the section’s main program at the conference. AALS Immigration Law Section Call for Papers for Works-in-Progress Session at AALS San Diego, CA Saturday, […]
Next term, the Court will hear Patchak v. Zinke, No. 16-498. The case raises an old question about the line between the power of Congress and the power of the federal courts: The extent to which Congress can direct the outcome of a case. Patchak brought suit under the APA challenging the Department of the […]
Since I last blogged about the Portman-Heitkamp Regulatory Accountability Act being reported favorably out of committee in May, there hasn’t been any movement on the legislative front. A number of additional administrative law scholars, however, have weighed in, and the legislation continues to get serious attention in policy circles. For instance, Cass Sunstein has a generally […]
The bill to impose sanctions on Russia for meddling in the 2016 election—which passed the Senate by a 98-2 vote in June and passed the House by a 419-3 margin this afternoon—is unconstitutional. Unnecessarily unconstitutional. Indeed, the bill’s unconstitutionality is so gratuitous that one wonders whether it resulted from a mere oversight or whether it […]
This is the third post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. As I explored in my last post, the research suggests that malpractice law doesn’t much improve the quality of care in nursing homes. If that’s […]
From the ACUS website: ATTORNEY ADVISOR POSITION The Conference encourages lawyers who may be interested in serving as an attorney advisor to send a brief letter, accompanied by a resume and transcript (official or unofficial), expressing their interest and identifying the approximate date on which they would be available to start. The ideal candidate would […]
Last week I had the opportunity to debate/discuss the modern administrative state with Stephen Presser at an event hosted by the Federalist Society’s Austin, Texas, Lawyers’ Chapter. In preparation for our discussion, I read Professor Presser’s fascinating new book Law Professors: Three Centuries of Shaping American Law. Although the book is not focused on administrative law, I […]
In a recent working paper and op-ed, Professors Daniel Hemel and Eric Posner argue that the federal statute banning obstruction of justice applies to the president, and that the president would violate the statute if he intervened in an investigation to advance his personal interests. Hemel and Posner suggest that this can be reconciled with […]
Judge Henderson of late has been adding epigraphs to her opinions. Last week she did it in Maze v. IRS: “No taxes can be devised which are not more or less inconvenient and unpleasant.” And this week she did it in Bellagio, LLC v. NLRB: In Vegas, everybody’s gotta watch everybody else. Since the players […]
The recent deadline for comments in the FCC’s latest NPRM relating to the Open Internet has me thinking about an article I have spent the past two years looking for time to write. Indeed, I had hoped that Evan Bernick’s recent piece on the constitutionality of agency fact-finding would give me the push I needed […]
Cross-Posted on Objective Intent In January FDA published a controversial revision to its regulations defining a product’s “intended use” that, among other things, has raised an interesting logical outgrowth question. “Intended use” is an important concept in FDA law because a product’s intended use—judged by the “objective intent of the persons legally responsible for the [product’s] labeling”—can […]