Notice & Comment

Notice & Comment

Notice & Comment

Agency Independence and the Federal Reserve’s Regulatory Functions, by Graham Steele

In May, the Supreme Court temporarily upheld President Donald Trump’s decision to remove Democratic appointees to the National Labor Relations Board and Merit Systems Protection Board. The order in Trump v. Wilcox, issued on the Court’s emergency docket, suggests the precedent established in Humphrey’s Executor v. U.S. that appointees to multimember commissions are protected from […]

Notice & Comment

What FCC v. Consumers’ Research Means for the Future of the Nondelegation Doctrine

On Friday, the Supreme Court issued a 6-3 decision in FCC v. Consumers’ Research, rejecting a nondelegation doctrine challenge to the constitutionality of the FCC’s Universal Service Fund. Writing for the Court, Justice Kagan nicely summarizes the issues and the Court’s conclusion: The question in this case is whether the universal-service scheme—more particularly, its contribution […]

Notice & Comment

From Paralysis to Progress: Harnessing Abundance to Deregulate and Accelerate AI Development, by Kevin Frazier

Accumulation of well-meaning procedures can, unintentionally, grind progress to a halt. This is commonsensical, simple, and the central message of the Abundance movement. Yet, despite being popularized by Ezra Klein, supported by ideologically-diverse groups, and implicitly embraced by the likes of Sen. Todd Young (R-Ind.) on certain issues, Abundance has yet to penetrate the policy discourse surrounding artificial intelligence […]

Notice & Comment

The New Era of Skidmore Deference

I have recently posted on SSRN my addition the Loper Bright literature, entitled Loper Bright: Resurrecting Skidmore in a New Era, 55 Seton Hall L. Rev. 1577 (2025)(“Resurrecting Skidmore“).[1] The piece discusses the Loper–Bright-resurrected Skidmore deference regime in terms of textualism, the major questions doctrine, and stare decisis (i.e., the continuing validity of judicial Chevron-based […]

Notice & Comment

Tariffs as a Means of Regulating Commerce, by Chad Squitieri

In Learning Resources v. Trump, the district court suggested that, to empower the President to impose tariffs, Congress must do more than empower the President to “regulate . . . importation.”  Congress must instead use different “words,” like “‘tariffs’ or ‘duties,’ their synonyms, or any other similar terms like ‘customs,’ ‘taxes,’ or ‘imposts.’”  The district […]

Notice & Comment

A Federal Reserve “Exception” to Myers?, by Benjamin Dinovelli

The Federal Reserve (“Fed”) is arguably the most powerful administrative agency to ever exist. Its decisions touch every facet of life, from the cost of your mortgage to the stability of the global financial system. Consequently, for decades, the Fed has enjoyed policy independence from the executive branch.  This independence largely comes from the Federal […]

Notice & Comment

Mere “Icing on a Cake Already Frosted”: The Potentially Uncertain Future of the Veterans’ Canon

Summary: This post explores and assesses Justice Kavanaugh’s challenge to the veterans benefit canon of statutory construction, and similar substantive interpretive canons regarding entitlements or benefits legislation. In the midst of the major decisions the Supreme Court handed down last term, it was easy to miss Rudisil v. McDonough, 601 U.S. 294 (2024), especially a […]

Notice & Comment

Freedom to Earn, Freedom to Speak, and Freedom to Compete: Protecting MLM Workers in a Perilous Economy, by Samuel Levine

Like many Americans, I’m deeply alarmed by the escalating attacks on consumer protection in Washington – especially the efforts to gut the Consumer Financial Protection Bureau. Weakening this vital agency will lead to more fraud, more predatory lending, and greater risk of another economic crisis. I’m also deeply troubled by recent developments at the Federal […]

Notice & Comment

Presidential Directives on Federal Regulation

Among the 161 Executive Orders that President Trump has issued during his second term through June 12, 2025,  at least nine relate to federal regulation.  These are identified in paragraph 6 below.  (The designation “at least nine” is to recognize that the definitional boundaries of which executive orders relate to federal regulation are somewhat subjective […]

Notice & Comment

States Should Oppose All Use of Nationwide Injunctions, by Thomas A. Barnico

With the legality and wisdom of “nationwide” injunctions at issue in the courts and Congress, it is time for the states to view the problem through the lens of federalism. Using this lens, the states should oppose all use of nationwide injunctions and support their limitation by the Supreme Court and Congress because the exercise of such […]