To follow up on yesterday’s update on House v. Burwell, I thought it might be useful to post the briefs accompanying the cross-motions for summary judgment. To my knowledge, they haven’t been made publicly available elsewhere: House’s Opening Brief. Burwell’s Opening Brief. House’s Opposition Brief. Burwell’s Opposition Brief. House’s Reply Brief. Burwell’s Reply Brief.
The primary reason for the decline of immigration exceptionalism is that plenary power has become “subject to important constitutional limitations,” as the Supreme Court said in Zadvydas v. Davis. We do not yet have a complete picture of what all of those constitutional limitations are. We also know that plenary power has not entirely disappeared, […]
In many ways, the burgeoning study of the bounds of the President’s power lies at the intersection of administrative and immigration law. A related area in which I have a special interest is the exercise of power by officials below the level of the president. In my view, the rich literature on agencies’ activity is […]
In an essay published earlier this week, Prof. Michael Kagan expresses concern that “one aspect” of the Obama administration’s executive actions on immigration might be vulnerable when the Supreme Court adjudicates United States v. Texas later this year. In particular, Kagan worries that the plaintiffs might “have a valid point” when they assert that the administration’s initiatives—Deferred […]
On January 27, 2016, the White House Office of Management and Budget (OMB) published its long-awaited revision of Circular A-119 on “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” The new policy was developed through an interagency process that took into account public input received during two […]
In House v. Burwell news, the Obama administration and the House of Representatives have each filed their final briefs on whether Congress has supplied an appropriation for the cost-sharing subsidies. The government has requested oral argument in the case, but a hearing date has yet to be scheduled. What happens when and if the court […]
Here is the January 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 . This is when things get a bit more exciting, as many scholars begin posting articles as part of the Spring law review submission cycle. […]
Donald Trump’s suggestion that we temporarily ban Muslim immigrants from entering the country sent shockwaves through the American psyche. Yet even more shocking, to some, is that Trump’s idea might be constitutional. For more than a century, the Supreme Court has crafted and maintained special doctrines for immigration that depart from mainstream legal norms. If […]
In November 2015, the Office of the United States Trade Representative (USTR) released the full textof the Trans-Pacific Partnership Agreement (TPP), a free trade agreement that was negotiated by the United States with eleven countries from Asia and the Americas: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. The Agreement […]
This week the blog is hosting an online symposium entitled Is Immigration Law Administrative Law?, which is based primarily on a panel by the same name that was part of the 2016 Annual Meeting of the Association of American Law Schools. You can read the entire series, as well as other immigration-related posts, here. My contribution […]
It’s fitting that during our week-long online symposium on the intersection of immigration law and administrative law here at the Yale Journal on Regulation the Federalist Society will be hosting a teleforum Thursday on United States v. Texas — the challenge to the Obama Administration’s executive actions on immigration that the Supreme Court will hear […]
The exercise of prosecutorial discretion or “PD” is an important feature in the immigration system. It requires each DHS component to make decisions about whether a person legally eligible for immigration enforcement should still be allowed to reside in the United States on a temporary basis. PD recognizes that in a universe of limited resources, […]
Thanks to the Obama Administration it seems a lot of scholars in immigration law and administrative law are starting to ponder more deeply the question presented by this online symposium: Is Immigration Law Administrative Law? To borrow a line from Justice Scalia’s Brand X dissent, “It is indeed a wonderful new world that the [Obama […]
Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at […]
In my last post, I detailed the kinds of agreements FDA uses with regulatory partners as part of a three-post series that examines FDA through the lens on the growing literature on “global administrative law.” This final post analyzes FDA’s “steepest” commitments with regulatory partners and argues that in the process of contributing to global […]