As Justice Barrett explained in Biden v. Nebraska, she views the major questions doctrine (“MQD”) a bit differently than her colleagues. While other justices consider the MQD to be a substantive canon (i.e., a canon of statutory interpretation that promotes a policy norm existing external to a statute), Justice Barrett indicated that she understands the MQD to be […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2024 AALS Annual Meeting, which will be held in person in Washington, DC. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their work […]
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law.” All of the contributions to the symposium can be found at this link. Over the past two weeks, the Balkinization blog hosted a wide-ranging symposium about judicial deference to the […]
Today’s Ad Law Reading Room is “Standing Without Injury,” by Jonathan H. Adler, which is forthcoming in the Wake Forest Law Review. Here is the abstract: It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These […]
Please join me in congratulating Professors Nikolas Bowie and Daphna Renan for winning the ABA Administrative Law and Regulatory Practice Section’s 2023 Annual Scholarship Award, which recognizes the best scholarly work published in the field of administrative law during 2022. Their article, The Separation-of-Powers Counterrevolution, 131 Yale L.J. 2020 (2022), presents an original insight and new […]
Here is the September 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
In Loper Bright Enterprises v. Raimondo and its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court will decide whether to overrule Chevron deference, narrow it, or leave it be. (Chevron, if any readers of this publication need to be reminded, is the doctrine providing that courts must defer to reasonable agency interpretations of unclear statutes.) Some commentators predict […]
Loper Bright Enterprises v. Raimondo is no longer the only Chevron case that the Supreme Court will consider this term. The Court just granted certiorari in a new case—Relentless, Inc. v. Department of Commerce—that will be argued in tandem with Loper Bright. Alongside resolving a recusal issue, adding Relentless to the mix could impact the way the Court approaches writing its […]
As the Supreme Court prepares to decide the fate of one of its most cited precedents, it will do so without a full slate of Justices. There’s a simple solution sitting in the current batch of petitions at the Court. Earlier this year, the Supreme Court granted a petition for a writ of certiorari in Loper Bright Enterprises, […]
ACUS Publishes New Statement of Principles for Public Participation in Agency Rulemaking Since its establishment, the Administrative Conference of the United States (ACUS) has issued dozens of recommendations designed to help agencies efficiently, equitably, and effectively provide opportunities for public input and dialogue when they issue, amend, or repeal rules. To assist agency staff in […]
The Northern District of Texas has received a lot of attention lately. But one recent ruling out of that court seems to be getting little notice: Utah v. Walsh. The decision is admittedly dry—it rejected a challenge brought by 26 states’ attorneys general to the Department of Labor’s 2022 Investment Duties Rule, which clarified the duties […]
It was a pretty quiet week at the D.C. Circuit this past week. No opinions (which is fairly typical for early fall), and not many arguments. Two days of sittings, three cases each, and only two of them were squarely in the admin law lane (three if you include a FOIA case). Which got me […]
At the Mayflower Hotel in Washington, DC, on Friday, October 20, 2023, the George Mason Law Review will be hosting a terrific symposium entitled Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise: It’s a terrific line-up of speakers, and the event is open to the public. You can see […]
For weeks during which the D. C. Circuit issues no opinions, some of the contributors to this forum have used the occasion to describe some aspect of the history, work, or culture of the D. C. Circuit. This is such a week because the D. C. Circuit issued no opinion, but it did meet for […]
Lina Khan became famous by writing a student note titled “Amazon’s Antitrust Paradox.”[1] She told a fascinating story about the evil practices of Amazon. She has now increased her fame by filing an antitrust action against Amazon in her role as Chair of the FTC. The FTC’s complaint tells another interesting story about the evil practices […]