Earlier this week the State Respondents filed their merits brief in United States v. Texas—the challenge to the Obama Administration’s executive actions on immigration the Supreme Court will hear in April. In light of this important case, it seems fitting to highlight a new article just published in the Iowa Law Review by former Attorney […]
If you’re worried about Zika’s arrival in the United States—and you should be—Laurie Garrett has a must-read article at Foreign Policy on the fecklessness of national political leaders and the appalling lack of preparation in the cities that will be hardest hit. [W]hat Congress fails to recognize is that most aspects of public health, especially […]
First, 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) […]
I learned something this week. By way of background, last September, I opened a Twitter account. As of now, I have 904 tweets. I’m biased, but I think that at least some of these tweets are insightful, at least as far as Twitter goes. Yet my most popular tweet of all time, by a fairly […]
Earlier this year my co-blogger Nick Bagley argued that there was “no harm, no foul” in the Obama Administration foregoing notice-and-comment rulemaking with respect to the executive actions on immigration. The Obama Administration provided notice, he argued, by “leak[ing] the proposal to the national media and [holding] a Rose Garden press conference.” The public had […]
Most of official Washington is focused on the vacancy at the Supreme Court, but for watchers of financial regulation and central banking a new vacancy is surely more important: Thomas Baxter, the long-time general counsel at the Federal Reserve Bank of New York has announced his retirement. He’s a New York Fed lifer—his retirement comes at […]
The Administrative Law Review, which is the official journal of the ABA Section of Administrative Law and Regulatory Practice, will be hosting its annual symposium tomorrow (Thursday, 3/24) afternoon from 2-5 p.m. at the American University Washington College of Law in Washington, DC (4300 Nebraska Ave. NW). The symposium is entitled The State of Chevron: […]
Chevron deference is a central feature of administrative law. But criticism of the doctrine has grown recently. One prominent example comes from Justice Thomas’s concurrence last year in Michigan v. EPA, which argued that Chevron deference is inconsistent with the Constitution. Although other justices have said that agencies have grown too powerful, none of those […]
The constitutionality of in-house adjudications by the Securities and Exchange Commission has beenin the news of late, and the U.S. Chamber of Commerce has made a number of recommendations to improve SEC adjudications, including that individuals and organizations be able to remove the SEC in-house adjudication to federal court. David Zaring has a great new […]
When I first came across the name Merrick Garland it was not in the context of his role as a judge on the D.C. Circuit. Rather, the Merrick Garland I came across while researching my student Note was the author of Deregulation and Judicial Review, 98 Harv. L. Rev. 505 (1985). Published when Garland was […]
On one hand, this was a quiet week in the D.C. Circuit; there were just two opinions, neither of which is that significant (though one is noteworthy for jurisdiction hawks).* On the other hand, President Obama nominated Chief Judge Garland to serve on the Supreme Court. So on net, it’s fair to say that this […]
Last week, the Federal Communications Commission announced that it would soon release an NPRM on consumer privacy. According to the Commission’s “fact sheet,” the Notice will propose a number of requirements on broadband Internet Service Providers, including an obligation not to share customer information with non-affiliated services without first obtaining the customer’s express consent. I […]
A couple of months back, I offered the following rule of thumb: “If you want to understand an appellate judge, don’t spend too much time on majority opinions,” but instead “look to his or her separate writings.” It is in those opinions—opinions a judge doesn’t have to write—that one best observes a judge trying to […]
The challenges to the denial of the Keystone XL pipeline simultaneously in both U.S. Federal Court and through the North American Free Trade Agreement’s (NAFTA) investment chapter raise issues regarding how challenges to U.S. regulatory actions might be handled in international arbitration and the future of new trade agreements. The Administrative Law Section Energy Committee, […]
Procedural fairness is not a policy priority in immigration law. Yes, the Supreme Court will hear oral argument soon in Texas v. United States, a case that raises questions about whether the Department of Homeland Security used appropriate procedures in formulating a prosecutorial discretion plan. In that case, some states are challenging the policy, arguing […]