Notice & Comment

Notice & Comment

Notice & Comment

Call for Panel Proposals (7/6 deadline): Annual ABA Administrative Law Conference, 11/19-11/20

The ABA Section of Adminstrative Law and Regulatory Practice will be hosting its annual administrative law conference on November 19-20, 2020. This is the AdLaw Section’s signature event, and it attracts hundreds of government officials, scholars, and practitioners with two packed days of panels and programming. Due to the COVID-19 situation, the conference will be […]

Notice & Comment

IG Reform (Maybe) Hits a Free Enterprise Fund Wall, by Todd Phillips

Following President Trump’s removal of several inspectors general over the past several months, various members of Congress have introduced legislation to protect the independence of those offices. However well-intentioned these reforms are (I won’t opine on their merits), some may run afoul of the double for-cause removal issue in Free Enterprise Fund v. PCAOB. Inspectors […]

Notice & Comment

What the DACA Rescission Case Means for Administrative Law: A New Frontier for Chenery I’s Ordinary Remand Rule?

Yesterday the Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, which concerns the Trump Administration’s attempt to rescind the Obama Administration’s Deferred Action for Childhood Arrivals immigration relief executive action (DACA). In a 5-4 decision, Chief Justice Roberts penned the majority opinion and likely cast the […]

Notice & Comment

Call for Papers: “Judicial Review in an Increasingly Undeferential Age”

This morning the Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California—better known as the DACA Repeal Case. In striking down the Trump Administration’s effort to rescind the Obama Administration’s immigration enforcement policy, Chief Justice Roberts’s opinion for the Court highlighted the Court’s role in scrutinizing agency […]

Notice & Comment

Congressional Oversight Disputes as Political Questions, Part II: Accommodation as an Intrabranch Doctrine Governing Committee Investigations, by Daniel Epstein

Given judicial skepticism toward relying on accommodation as a framework for evaluating interbranch information disputes, the federal courts have an opportunity to reevaluate these disputes by grounding them in constitutional and statutory text.  As noted in Part I, Congress, in formalizing its committees, based its Executive branch review authority as a function of congressional rules. Only […]

Notice & Comment

D.C. Circuit Review – Reviewed: Postage Stamps

I learned something new this week: you can order custom postage stamps with an image of your own choosing.* I also learned something else: the Postal Service restricts what types of images you can use. Another thing: no politics are allowed. And one more: this make-your-own-postage program is going to end in a few days. […]

Notice & Comment

June 25th Webinar: ACUS Symposium on Artificial Intelligence in Federal Agencies

From the Administrative Conference of the United States: The Administrative Conference of the United States is excited to partner with the Institute for Technology Law and Policy at Georgetown University Law Center to host a multi-part, virtual symposium on artificial intelligence in federal agencies. The first session will take place on Thursday, June 25 from […]

Notice & Comment

June 30th Webinar: Assessing Ways of Saving Lives During the COVID-19 Pandemic: A conversation with Kip Viscusi

From the Society for Benefit-Cost Analysis: Assessing Ways of Saving Lives During the COVID-19 Pandemic: A Conversation with Kip Viscusi Society for Benefit-Cost Analysis Webinar June 30, 2020; 10:00am EDT The policy debate over how best to respond to COVID-19 centers around whether the costs of social distancing and other measures are justified in terms […]

Notice & Comment

In Altera Reply Brief, Taxpayer Doubles Down on Flawed Argument that the Government Changed Its Tune, by Susan C. Morse and Stephen E. Shay

Previously we blogged here (crossposted at Procedurally Taxing) about the government’s May 14 brief in opposition to the taxpayer’s petition for certiorari in Altera v. Commissioner. On June 1, Altera replied to the government’s brief, as explained here by Chris Walker. The case has been distributed for a Supreme Court conference later in June. The […]

Notice & Comment

ABA AdLaw Section Webinar: Congressional Oversight of the Executive Branch: Current Challenges, 6/11 at Noon

The American Bar Association Section of Administrative Law and Regulatory Practice Constitutional Law and Separation of Powers Committee Presents Congressional Oversight of the Executive Branch: Current Challenges Thursday June 11, 202012 pm – 1:30 pm Eastern Time Via Zoom Congressional oversight of the executive branch is a constant feature of political life that dates back […]

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Grasps for Reins of the Statutory President, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. CA9 Chooses Wrong Controversy to Grow Judicial Review of President’s Statutory Powers  Courts must set aside agency action that is unreasonable. But when reviewing the president’s statutory powers, courts don’t check […]

Notice & Comment

Congressional Oversight Disputes as Political Questions, Part I: The Decline of the Interbranch Accommodation Doctrine, by Daniel Epstein

On April 27, 2020, in the companion cases of Trump et al. v. Mazars USA, LLP et al. and Trump et al. v. Deutsche Bank AG, et al. (for simplicity “Mazars”), the Supreme Court requested the Office of Solicitor General and the parties brief “whether the political question doctrine or related justiciability principles bear on the Court’s adjudication of […]