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 […]
It was only a matter of time. Last Friday, a federal judge in Washington State entered a preliminary injunction ordering the state’s Medicaid program to pay for direct-acting antivirals—think Harvoni or Sovaldi—for any beneficiary diagnosed with Hepatitis C. Like many states, Washington has a policy of refusing to supply the drugs until the disease has […]
Everyone, it seems, is waiting for the D.C. Circuit’s “net neutrality” decision. The case was argued last December and so could be decided anytime.* But it wasn’t decided this week. Although the D.C. Circuit’s only opinion this week did involve the FCC, and while it was authored by Judge Tatel, it wasn’t the big one […]
As I blogged about back in February, Duke Law Journal‘s annual administrative law symposium this year is titled Intellectual Property Exceptionalism in Administrative Law. Video of February’s live symposium is available here. It was a terrific event, and draft papers were very thought provoking. Those papers were published earlier this month, and full issue is available here. […]
Last June, in the wake of the Supreme Court’s decision in Mellouli v. Lynch, I wrote a brief post responding to Chris Walker’s commentary on the Chevron deference quirk of that case. Although ostensibly concluding that the “controlled substance” ground of deportability was ambiguous and that a reasonable agency interpretation of the statute would be […]
Recently, I have been writing about Chevron because that, it appears, is what stereotypical administrative law professors do. In the course of doing so, and in the course of considering justifications for Chevron doctrine, I have been thinking about Professor Henry Monaghan’s classical defense of judicial deference to administrative interpretations of law: “ Marbury and […]
The Center for the Study of the Administrative State, directed by Neomi Rao, has put together a terrific conference entitled Revisiting Judicial Deference: History, Structure, and Accountability. That’s next Thursday, 6/2, at George Mason, starting at 8:45AM. The conference is open to the public and free. Please register here. The lunch keynote will be by […]
This month several sources of useful information about regulation were published. For those interested, they are listed below: On May 18, 2016, the Administration published the Spring 2016 “Current Unified Agenda of Regulatory and Deregulatory Actions”, available here. Susan Dudley and Melinda Warren this month published the latest annual volume of their guide to the […]
For those with an interest in the issue of budgets for the costs of regulation as a potential reform of the regulatory system, there have been some recent developments: In the budget resolution adopted by the House Budget Committee on March 16, 2016 (H.Con.Res. 125), section 605 is titled “Policy Statement On Federal Regulatory Budgeting […]
In the debate just concluded with friend and co-blogger Daniel Hemel, I mentioned that the constitutional issues around Fed governance—and there are serious questions, Daniel and I both agree—can obscure the policy issue around Fed governance. The Constitution provides here a minimum, not a maximum. As I mention in my book, the constitutional remedies do […]
On May 26, 2016, the ABA Section of Administrative Law and Regulatory Practice will hold a teleconference marking the Twentieth Anniversary of the Congressional Review Act (CRA). The CRA gives Congress the power to disapprove certain types of “economically significant” regulations before they go into effect. Although previously an afterthought, the CRA has recently taken […]
From Ron Klain, the former Ebola czar, in the Washington Post: If it seems like the world is being threatened by new infectious diseases with increasing frequency—H1N1 in 2009-2010, MERS in 2012, Ebola in 2014, Zika in 2016, yellow fever on the horizon for 2017—that’s because it is. These are not random lightning strikes or […]
On May 26, I’ll be moderating a free teleforum for the American Bar Association’s Section of Administrative Law and Regulatory Practice Rulemaking Committee on the Congressional Review Act. (Jeff Rosen, who is participating in the teleforum, has written here about the CRA.) Here is the relevant information from the ABA: May 26, 2016 2:00 PM […]
I’m neither a constitutional law scholar nor an expert on the Federal Reserve, so I’m reluctant to wade deeper into the debate over the Fed’s constitutionality when I’m already beyond neck deep. In an earlier post, I suggested that “ maybe”—but only maybe—“the Federal Reserve banks are constitutional after all,” a claim that struck me […]