The Trump Administration has recently proposed replacing many workers in federal agencies with automated systems, like chatbots, that can answer questions the public has about their legal rights and obligations. For instance, instead of human customer service representatives at the Department of Education, chatbots may soon be responsible for answering questions that millions of parents […]

On Thursday May 8, 2025, in Washington, DC, the ABA Section of Administrative Law and Regulatory Practice is hosting a terrific scholarship conference that will feature paper presentations and commentary by distinguished scholars, as well as a late afternoon reception welcoming the Section’s Fellows, Leaders, and Award Winners. The conference brochure is here, and the […]

It is hard to believe it was less than a year ago that the Supreme Court decided what then seemed like the biggest news for administrative law in living memory: the overruling of Chevron. In ditching this forty-year-old precedent, the Court fundamentally unsettled what we have called the “administrative governance game”—that is, the complex, interdependent […]

The Freedom of Information Act (FOIA) is codified with the Administrative Procedure Act (APA) as part of Title 5 of the U.S. Code, and FOIA law is uncontroversially considered a subset of administrative law.  At the same time, FOIA is unique, with its own judicial review provision and standards, as well as rather unconventional litigation […]

On March 25, the Supreme Court heard oral arguments in two related Clean Air Act cases: Oklahoma v. EPA and EPA v. Calumet Shreveport Refining LLC. The question before the Court in both cases relates to the administrative-law hot topic of venue shopping: Specifically, whether the EPA final action under review may be challenged in […]

In 2023, I used this blog to criticize the Supreme Court’s decision in Calcutt v. FDIC as “unnecessary, unfortunate, and unpersuasive, all at the same time.” So I felt vindicated when, last week, in FDA v. Wages & White Lion Investments, the Court clarified that it didn’t really mean what it said in Calcutt. Along […]

Excessive deregulation creates harmful uncertainty for AI innovators. America needs a principles-based approach balancing clear guidelines with room for experimentation.

Intentionally or not, the Supreme Court’s recent decision in Bondi v. VanDerStok has the potential to dent the arc of administrative law. As Justice Alito observed in his dissent, the case could end up being a “huge boon for the administrative state.” Below, we explain why.   At issue in VanDerStok was a 2022 rule […]

As Eloise Pasachoff, Zachary Price, and I describe in a forthcoming essay, the second Trump Administration is implementing unilateral executive control over federal spending—or “appropriations presidentialism”—with a breadth and magnitude that is unprecedented.  Much of the recent public discourse around this appropriations presidentialism has focused on DOGE’s “efficiency” efforts and OMB Director Russ Vought’s assertion […]

Things don’t move fast in Washington—until they do. Just hours after we published our piece explaining why EPA waivers of Clean Air Act preemption are subject to congressional review under the CRA, GAO published a memo of “observations” taking the opposite view. In addition, UC Berkeley Professors Dan Farber and Eric Biber have explained in […]

For several months in 2022 and 2023, I wrote a series of blog posts called “The Major Questions Doctrine Reading List.” These posts came in the aftermath of several high-profile cases involving the MQD. My hope was that I could spotlight good scholarship and provide a shared language for talking about the MQD. For the […]