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 […]
MEDIA CONTACT: Angela Petro: Angela.Petro@americanbar.orgor 202-662-1582 WASHINGTON (February 8, 2016) – On February 9, 2016, the Energy Committee of the American Bar Association Section of Administrative Law and Regulatory Practice will hold a teleconference on the implications of the U.S. Supreme Court’s recent FERC v. Electric Power Supply Association(EPSA) decision. Panelists Joel Eisen, Professor of […]
In a previous post, I described some recent research on the geographic decentralization of staff and authority within federal government agencies. A key conclusion of that research, and of yesterday’s post, is that the realities of federal governance call into question some key pillars of the conventional wisdom about American federalism. This post addresses a […]
What kind of law is immigration law? Is immigration law its own, exceptional creature, independent of all other areas of law? Or, is immigration law more porous, absorbing features of other closely related areas of law? Questions like these have challenged immigration law for some time. Even going back to the Nineteenth Century, the Supreme […]
It has generally been quite difficult for taxpayers to challenge alleged abuses of the IRS’s regulatory authority. Under section 7421(a) of the tax code, courts lack jurisdiction over suits “for the purpose of restraining the assessment or collection of any tax.” Commentators generally believe that this statute, commonly referred to as the Anti-Injunction Act, prohibits […]
This week was a quiet one at the D.C. Circuit, at least in terms of “admin law.” Aside from a couple of unanimous NLRB decisions, the court did not address regulatory issues at all. So if labor law is not your thing, feel free to take this week off—though come back next week. But if […]
Like many immigration law professors, I have long thought that President Obama’s deferred action programs are within the Executive’s statutory and constitutional authority. But as I re-read the Fifth Circuit opinion and the briefs in US v. Texas, I am becoming persuaded that the states challenging DAPA may have a valid point about one aspect […]
In his influential dissent in Garcia v. San Antonio Metropolitan Transit Authority , 469 U.S. 528 (1985). Justice Lewis Powell offered up a harsh take on federal administrative governance. “The administration and enforcement of federal laws and regulations,” he wrote, “necessarily are largely in the hands of staff and civil service employees. These employees may […]
On the seventh anniversary of the Lilly Ledbetter Fair Pay Act, President Obama and the U.S. Equal Employment Opportunity Commission (EEOC) announced new actions to advance equal pay for equal work. President Obama, EEOC Chair Jenny Yang, and EEOC Commissioner Charlotte Burrows announced on Friday, January 29 that the EEOC, White House, and U.S. Department […]
Here is a pretty good rule of thumb: If you want to understand an appellate judge, don’t spend too much time on majority opinions. To be sure, those opinions are almost always the most important ones—they’re the law, after all.* But the author of a majority opinion must write an opinion that reflects the views […]
My co-blogger Andy Grewal expresses skepticism that the Obama administration can cure the notice-and-comment problem in United States v. Texas by initiating notice-and-comment proceedings now and then promulgating its Deferred Action for Parents of Americans policy as a new final rule. In aprior post, I said it seems “pretty clear” that such an approach would […]
Both the NYT and Connor Raso’s post below warn darkly of rumored new regulatory reform legislation. But any new bill will be a breath of fresh air, compared to its archly-partisan predecessor, the Financial Regulatory Responsibility Act of 2011. Connor and I roundly denounced the FFRA in the SSRN draft of our Rational Boundaries article. […]
In a characteristically thoughtful post, my co-blogger Daniel Hemel considers a puzzle raised by the ongoing battle over the Obama administration’s decision to offer relief to some unlawful aliens. The Supreme Court, in United States v. Texas, will soon consider the legality of the administration’s actions under the “Deferred Action for Parents of Americans and […]