There is a largely intramural dispute within the Democratic Party about the wisdom (or not) of appointing Antonio Weiss to a senior position at the Treasury Department. Weiss’s title would be the Under Secretary of the Treasury for Domestic Finance (UDF), but he would effectively occupy the third chair in the Treasury’s C-suite and thus […]

In my last post, I introduced the topic of the strengths and weaknesses of the International Health Regulations (2005) as they have been exposed by the world’s response to the Ebola outbreak generally and by the World Health Organization’s response specifically. In this post I’ll address both a strength and a weakness: Annex 2 to […]

SPOILER ALERT: This post will discuss some of the late-breaking developments of David Lat’s new novel, Supreme Ambitions: A Novel Forgive the diversion from financial regulation/central banking, but I’ve read David Lat’s Supreme Ambitions , a consuming thriller about—I’m not kidding—judicial law clerks. Since I imagine our readership and Lat’s readership overlap to some extent, […]

The government says that its regulations require it to withhold data. The government is wrong. In the case of the missing substance use data , CMS has fingered a culprit. It’s those pesky regulations: specifically, regulations in Part 2 of Volume 42 of the Code of Federal Regulations. The Substance Abuse and Mental Health Services […]

I have a new piece at the New England Journal of Medicine, co-authored with David Jones and Tim Jost, that grapples with the practical consequences of a Supreme Court decision against the government in King v. Burwell. As we explain, the fallout could be much worse than is commonly appreciated. In particular, we are not […]

Last week the Administrative Conference of the United States (ACUS) held its 61st Plenary Session. I’ve previously blogged about the important work ACUS does for the federal regulatory state. I hope to find more time to blog about the three recommendations ACUS approved — especially the one on retrospective review of agency rules. But for now I’ll just provide […]

Last month, UCLA law professor Sam Bray posted his essay, “On Doctrines That Do Many Things.” The essay does not address administrative or regulatory law directly, but it is well worth the read and certainly worth blogging about here for a few reasons. First, the essay is a sadly neglected genre of legal scholarship. There […]

The Penn Program on Regulation, which is perhaps best known for its terrific RegBlog, just posted its call for applications for its fellowship program. This program is for aspiring academics who have not yet held a tenure-track position. It seems like a terrific opportunity for anyone aspiring to be an adlaw or regulation law prof […]

According to recent reports, CMS has begun withholding from researchers Medicare and Medicaid claims data relating to substance use diagnoses and related procedures. The agency’s decision will impair research relating not only to substance use, but also any research that depends on unbiased Medicare and Medicaid data. Much of that research is designed to improve […]

In King, the government is looking to demonstrate from the broader context of the Act that Congress didn’t mean to withdraw tax credits from states with federal back-up exchanges. That context includes three stopgap measures designed to afford temporary relief until the exchanges went live. One of those measures has received a lot of attention: […]