Notice & Comment

Results for: nationwide injunction

Notice & Comment

A Single Judge Shouldn’t Have This Kind of National Power

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 […]

Notice & Comment

Is Universal Vacatur Only an Illusion?, by Ronald M. Levin

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 […]

Notice & Comment

Jotwell Administrative Law Section 2021 Year-End Review

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 […]

Notice & Comment

DACA Rescission and Chevron Waiver, by Anya Bernstein

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of Homeland Security v. Regents of the University of California, the Supreme Court held that DHS had not properly rescinded Deferred Action for Childhood Arrivals (DACA), a program offering some unauthorized migrants some immigration relief.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, […]

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What the DACA Rescission Case Means for Administrative Law: A New Frontier for Chenery I’s Ordinary Remand Rule?

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 […]

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Ninth Circuit Review-Reviewed: CA9 Grasps for Reins of the Statutory President, by William Yeatman

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 […]

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The Federalist Society’s Eighth Annual Executive Branch Review Conference: Now a Virtual Week of Programming, April 27th-May 1st

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 […]

Notice & Comment

Ninth Circuit Review-Reviewed: Disarray at the Feeder Circuit for the Supreme Court’s “Shadow Docket”, by William Yeatman

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 […]

Notice & Comment

Ninth Circuit Review—Reviewed:  Panels Weaponize “Standards of Review” To Launch Preemptive Strikes against Chevron, by William Yeatman

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 […]