Last June, in the wake of the Supreme Court’s decision in Mellouli v. Lynch, I wrote a brief post responding to Chris Walker’s commentary on the Chevron deference quirk of that case. Although ostensibly concluding that the “controlled substance” ground of deportability was ambiguous and that a reasonable agency interpretation of the statute would be […]
Recently, I have been writing about Chevron because that, it appears, is what stereotypical administrative law professors do. In the course of doing so, and in the course of considering justifications for Chevron doctrine, I have been thinking about Professor Henry Monaghan’s classical defense of judicial deference to administrative interpretations of law: “ Marbury and […]
The Center for the Study of the Administrative State, directed by Neomi Rao, has put together a terrific conference entitled Revisiting Judicial Deference: History, Structure, and Accountability. That’s next Thursday, 6/2, at George Mason, starting at 8:45AM. The conference is open to the public and free. Please register here. The lunch keynote will be by […]
This month several sources of useful information about regulation were published. For those interested, they are listed below: On May 18, 2016, the Administration published the Spring 2016 “Current Unified Agenda of Regulatory and Deregulatory Actions”, available here. Susan Dudley and Melinda Warren this month published the latest annual volume of their guide to the […]
For those with an interest in the issue of budgets for the costs of regulation as a potential reform of the regulatory system, there have been some recent developments: In the budget resolution adopted by the House Budget Committee on March 16, 2016 (H.Con.Res. 125), section 605 is titled “Policy Statement On Federal Regulatory Budgeting […]
In the debate just concluded with friend and co-blogger Daniel Hemel, I mentioned that the constitutional issues around Fed governance—and there are serious questions, Daniel and I both agree—can obscure the policy issue around Fed governance. The Constitution provides here a minimum, not a maximum. As I mention in my book, the constitutional remedies do […]
On May 26, 2016, the ABA Section of Administrative Law and Regulatory Practice will hold a teleconference marking the Twentieth Anniversary of the Congressional Review Act (CRA). The CRA gives Congress the power to disapprove certain types of “economically significant” regulations before they go into effect. Although previously an afterthought, the CRA has recently taken […]
From Ron Klain, the former Ebola czar, in the Washington Post: If it seems like the world is being threatened by new infectious diseases with increasing frequency—H1N1 in 2009-2010, MERS in 2012, Ebola in 2014, Zika in 2016, yellow fever on the horizon for 2017—that’s because it is. These are not random lightning strikes or […]
On May 26, I’ll be moderating a free teleforum for the American Bar Association’s Section of Administrative Law and Regulatory Practice Rulemaking Committee on the Congressional Review Act. (Jeff Rosen, who is participating in the teleforum, has written here about the CRA.) Here is the relevant information from the ABA: May 26, 2016 2:00 PM […]
I’m neither a constitutional law scholar nor an expert on the Federal Reserve, so I’m reluctant to wade deeper into the debate over the Fed’s constitutionality when I’m already beyond neck deep. In an earlier post, I suggested that “ maybe”—but only maybe—“the Federal Reserve banks are constitutional after all,” a claim that struck me […]
In a post last week , my co-blogger Daniel Hemel explained how Section 707(a)(2)(A) may allow the IRS to deny the tax benefits associated with so-called carried interests, even in the absence of legislative action. That statute essentially grants the IRS the regulatory authority to alter the tax treatment of transactions between partners and partnerships, […]
The CDC announced today that the number of pregnant women in the U.S. infected with the Zika virus has tripled from 48 to 157. The escalation is a reminder of how difficult a public health emergency Zika will be to address given the complex nature of its victims. In my last post, I explained how […]
One night during the summer of 1987, Judge David Sentelle communed with the dead. Sentelle, then of the Western District of North Carolina, was confronted with a tricky Pullman Abstention question. As he struggled with the issue, he asked what the Honorable Wilson Warlick would do. Judge Warlick had been dead for almost a decade. […]
Way back in 2005, one of the cosponsors of this blog, the Ad Law Section of the ABA, published A Guide to Judicial Review and Political Review of Federal Agencies , edited by Professors Michael Herz and John F. Duffy and featuring chapters by a murderers’ row of leading administrative law scholars. In addition to […]
This morning, the Supreme Court announced its decision in Luna Torres v. Lynch, and it’s bad news if you are a non-citizen arsonist. The Court affirmed the Second Circuit, which had affirmed the Board of Immigration Appeals (BIA) decision that Jorge Luna Torres’ New York conviction for arson is an aggravated felony, making him deportable. […]