Yesterday, the D.C. Circuit announced its decision in United States Telecom Association v. FCC, i.e., the Net Neutrality case.* The co-authored majority opinion (Judges Tatel and Srinivasan) upheld the FCC’s new scheme over Judge Williams’ partial dissent. Reviewing the competing opinions, I was struck by something: the asymmetrical treatment of economists. First, let’s review the […]
If you’re one of the six people left who still hasn’t had enough of ACA litigation, you’re in luck. Yesterday, a health plan in Maryland sued the Centers for Medicare and Medicaid Services, arguing that it has botched the implementation of the risk adjustment program. The risk adjustment program is one of the three R’s—reinsurance, […]
Over at Jotwell, Linda Jellum reviews The Principle of Legality and a Common Law Bill of Rights – Clear Statement Rules Head Down Under by Daniel Meagher.* Here’s a summary of the paper from the SSRN abstract (the paper is available on SSRN here): This article traces the evolution in Australia of fundamental rights protection […]
Yesterday, while scanning my Twitter feed, I found myself reading a great article in The Atlantic: “The Senate Finally Passed Chemical Safety Reform.” This article is well worth your time, especially because the legislation is now headed to President Obama for his signature. As I was reading, however, I noticed something: two uses of the […]
By my count, health plans have filed five separate lawsuits in the Court of Federal Claims seeking money that they’re owed under the risk corridor program. As I’ve explained here and here, I think the lawsuits have merit, which is why I expect to see a lot more of them. If you’re a health plan, […]
As I mentioned in my AdLaw Bridge series post last week, I’m slowly catching up* on highlighting the Jotwell Administrative Law Section reviews from the last couple months as part of this series. Here is another terrific Jotwell review, this one by Mark Seidenfeld of Political Parties and Presidential Oversight by Michael Livermore, which was […]
My reaction to the Supreme Court’s recent decision in Luna Torres v. Lynch has drawn informative responses from Patrick Glen, and from Asher Steinberg. The spark for this debate was the Court’s silence with regard to Chevron deference in Luna Torres, even though the case seemed to be a prototypical Chevron case. An agency, specifically […]
The ABA Section of Administrative Law and Regulatory Practice has a terrific debate coming up on the evening of June 15th between Philip Hamburger and David Vladeck, with Judge Randolph moderating. You can register here. And here are the details: “CHEVRON BIAS” AND THE ADMINSTRATIVE STATE A GREAT DEBATE Wednesday, June 15, 2016 5:00 – […]
I’m a bit late on this—my wife and I just welcomed a new baby last week, so even this little blog post is a minor miracle—but Wall Street Journal reporters Emily Glazer and Ryan Tracy have a fascinating profile of Federal Reserve Board Governor Daniel Tarullo, whom they rightly call in the article’s headline “The […]
The fate of millions of undocumented immigrants will soon be decided by the Supreme Court in United States v. Texas . This landmark case tests the legality of the Obama administration’s immigration program known as Deferred Action for Parents of Americans (DAPA), which would grant temporary relief from removal and trigger the opportunity for work […]
A note on jurisdiction. When trying to track the Senate’s regulatory reform efforts, you have to know where to look. Whereas most APA-focused legislation in the House is referred to the Judiciary Committee, in the Senate that place is the Homeland Security and Governmental Affairs Committee (HSGAC). There’s a long and (to some of us) […]
Here is the May 2016 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. 1. The Problem of Intra-Personal Cost by Brian D. Galle 2. The Cycles of Separation-of-Powers Jurisprudence by Aziz Z. Huq and Jon D. Michaels (Yale […]
Perhaps another circuit court has adopted this local rule too (though I’ve not yet come across it), but for tables of authorities in the D.C. Circuit, “an asterisk must be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
With several paper deadlines over the last two weeks (and next two weeks), the AdLaw Bridge Series has been a bit neglected.* But I wanted to quickly highlight a terrific article, which Jotwell has more fully reviewed. Last week over at Jotwell, Anne O’Connell reviewed FOIA, Inc. by Margaret Kwoka, which was published in the […]
I have a new piece at the New England Journal of Medicine siding with the district court on the merits of the appropriations dispute between the House of Representatives and the Obama administration. Here’s a taste:2 The problem with the administration’s argument is that, by statute, a law “may be construed to make an appropriation […]