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 […]
Here’s the call for papers: The Chapman Law Review is pleased to invite article submissions on the theme: “Constraining the Executive Branch.” Publications will appear in a symposium edition, and authors will receive an honorarium. The executive branch is often criticized for overreaching its powers. Legal issues arise regarding constraining such powers through legislation and […]
In a post entitled Gorsuch on Chevron, Eric Posner has posted the brief Q&A on Chevron deference from the first round of questioning of Judge Gorsuch before the Senate Judiciary Committee. For adlaw geeks, this exchange is definitely fascinating. During secound round, however, Judge Gorsuch went into much greater detail regarding his views on Chevron deference. […]
In a provocative post from last week, Adam White argued that the D.C. Circuit’s 2012 decision in Sherley v. Sebelius could create difficulties for parties who challenge agency actions taken pursuant to President Trump’s executive orders. Adam makes some good points, but I think Sherley is so badly reasoned that its holding ought to count […]
Here’s a preview: Join us for the 13th Annual Administrative Law & Regulatory Practice Institute Thursday May 18th – Friday May 19th, 2017 Capital Hilton 1001 16th St. NW Washington, D.C. 20036 Topics at a Glance: The Rulemaking Process Judicial Review of Rules The Congressional Review Act’s Sudden Reemergence From the “Pen and Phone” to […]
The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed. The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]
One of the most controversial aspects of comprehensive regulatory reform is the potential role of courts in reviewing agencies’ Regulatory Impact Analysis or other similar economic analysis that informs regulatory decisions. The Securities and Exchange Commission provides a useful case study on the effects of such judicial review. The commission’s chief economist and general counsel […]
Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech. Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]
The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed. The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]