I’ve got a new article up at The Atlantic using the mifepristone case to tee off on both nationwide injunctions and their evil twin, “universal vacatur” under the Administrative Procedure Act. The arguments about nationwide injunctions are by this point familiar, though I still think it’s under-appreciated the extent to which they have always been […]
In a recent post on this blog, Jonathan Adler has written an imaginative contribution to the currently lively controversy over the propriety of nationwide injunctions. Other prominent scholars have expressed interest in his argument for curtailing these injunctions. In this post, I will briefly explain why I agree with Adler’s policy position up to a […]
During oral argument in Department of Education v. Brown, the second case concerning the Biden Administration’s student loan forgiveness plan, the question arose whether it is proper for a single district or circuit court to impose a nationwide injunction against a federal policy where doing so is not necessary to provide complete relief to the […]
It was bound to happen, wasn’t it? On December 8, 2017, my co-blogger Aaron Nielson reported in D.C. Circuit Review – Reviewed on a speech given by Judge Randolph at the Center for the Study of the Administrative State. Last week Judge Randolph cited Aaron’s post for the first-ever D.C. Circuit citation to D.C. Circuit […]
As I first noted on the blog seven years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading […]
The annual ABA Administrative Law Conference is my favorite conference each year, and this year’s lineup is once again excellent. Unfortunately, we will be fully online/virtual again, but the upside is that it will be more accessible to those nationwide and the online platform allows you to watch the panels you couldn’t catch live for […]
Two summers ago I shared some quick reactions to Sam Bray’s argument that the Administrative Procedure Act (APA) does not support nationwide injunctions to set aside an agency’s final rule. In that post, I expressed preliminary skepticism, based on the text and structure of the APA: “a final rule is an ‘agency action’ under the […]
It is often said that the D.C. Circuit is the nation’s second most important court — a topic I’ve addressed before. But if so (and it is very debatable), what does that make the United States District Court for the District of Columbia? Is the “DDC,” by operation of the transitive property, somehow the most […]
In Department of Homeland Security v. Regents of the University of California, the Supreme Court held that DHS had not properly rescinded Deferred Action for Childhood Arrivals (DACA), a program offering some unauthorized migrants some immigration relief. The majority opinion offers a treasure trove of implications that we will be unpacking for some time. Here, […]
Yesterday the Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, which concerns the Trump Administration’s attempt to rescind the Obama Administration’s Deferred Action for Childhood Arrivals immigration relief executive action (DACA). In a 5-4 decision, Chief Justice Roberts penned the majority opinion and likely cast the […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. CA9 Chooses Wrong Controversy to Grow Judicial Review of President’s Statutory Powers Courts must set aside agency action that is unreasonable. But when reviewing the president’s statutory powers, courts don’t check […]
From the Federalist Society website: The Eighth Annual Executive Branch Review Conference is being transformed into a virtual Executive Branch Review Week of events. Executive Branch Review Webinar PanelsTuesday, April 28 9:00 a.m. – 10:00 a.m. EDTRestoring the Executive Power: Revisiting Humphrey’s Executor, Reviving the Unitary Executive 10:30 a.m. – 11:30 a.m. EDTRestoring Judicial Power: Righting […]
It’s always of interest when the Supreme Court takes up an issue on which one has expended substantial scholarly ink. Such is the case for me with Trump v. Pennsylvania and its companion, Little Sisters of the Poor v. Pennsylvania. The Court in this case granted certiorari to address three separate and distinct questions. As […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. The Ninth Circuit’s Shadow Silly Docket Of late, there’s been a lot of talk about the Supreme Court’s sinister sounding “shadow docket”—that is, orders and decisions issued by […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]