Notice & Comment

Results for: nationwide injunction

Notice & Comment

Save the Date — 2018 ABA Administrative Law Conference 11/1-11/2 in DC

Here are the details: 2018 Administrative Law Conference November 1-2, 2018 | Washington Convention Center, Washington, DC The final agenda for the 2018 Administrative Law Conference is coming soon. Take advantage of our Section Member and Group Discount rates listed below! Topics include the following: Developments in Administrative Law (Parts I & II) Lucia’s Aftermath: […]

Notice & Comment

Taking a Dive on Risk Adjustment

On Friday evening, the Wall Street Journal reported that the Trump administration would be suspending risk adjustment payments due for 2017 and 2018. The next day, CMS scurried to clarify that the suspension was a necessary response to an adverse court judgment out of New Mexico. “As a result of this litigation,” Administrator Seema Verma […]

Notice & Comment

Enjoining the contraception rules

On Friday afternoon, a district court in Pennsylvania enjoined the Trump administration’s new rules on contraception coverage from taking effect. The court’s ruling was not unexpected: I’d argued earlier that the rules were vulnerable on both procedural and substantive grounds, and the court’s analysis largely tracks my own. Procedurally, the Trump administration had no good […]

Notice & Comment

Watts (and Walker) on Bagley on Administrative Law Remedies (AdLaw Bridge Series)

Over at Jotwell, Kathryn Watts reviews my co-blogger Nick Bagley’s latest article, Remedial Restraint in Administrative Law, which is forthcoming in the Columbia Law Review. We need more scholarly discussion on remedies in administrative law — Sam Bray’s new paper on nationwide injunctions comes immediately to mind — and Professor Watts’s review and Nick’s article are terrific […]

Notice & Comment

Notice and Comment, Behavioral Economics, and United States v. Texas, by Daniel Hemel

In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit Court of Appeals affirmed a nationwide injunction blocking a Department of Homeland Security policy that would have allowed approximately 4 million parents of U.S. citizens and lawful permanent residents to seek “deferred action” […]

Notice & Comment

Ninth Circuit Review-Reviewed: A Blockbuster on Presidential Power

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we tackle Nebraska v. Su, in which a split three-judge panel sided with the challengers against President Biden’s $15 minimum wage mandate for federal contractors. Besides engendering a direct circuit split, […]

Notice & Comment

Backing Universal Remedies Into a Corner (Post), by Alisa Klein

Reflecting on the litigation over the FTC’s non-compete rule, it struck me that the Supreme Court’s decision in Corner Post is a huge win for the government masquerading as a loss. A key sentence in the opinion should put the last nail in the coffin of universal remedies. If I’m right about this prediction, Corner Post’s implications for […]

Notice & Comment

Fifth Circuit Review–Reviewed: Nondelegation Bonanza

Welcome to your monthly recap of administrative law from the Fifth Circuit! By my count, the Court issued ten published opinions in administrative law cases last month. I’ll focus on three of those cases here. For the rest, I’ll limit myself to the key takeaways. Private Nondelegation in the Regulation of Horseracing Up first we […]

Notice & Comment

We Have Been Looking in the Wrong Place for the Meaning of “Set Aside” Under the APA

A vigorous debate recently has emerged over whether the APA authorizes federal courts to vacate agency action on judicial review. Perhaps because this debate is an outgrowth of the longer-running dispute over “nationwide” or “universal” injunctions, it is operating on the premise that vacatur is a remedy, like an injunction or a declaratory judgment. I’m […]

Notice & Comment

Ending Judge-Shopping in Cases Challenging Federal Law, by Joseph Mead

The Judicial Conference of the United States recently directed federal district courts to assign cases that seek broad relief, such as a challenge to a federal regulation, randomly on a district-wide basis. The judicial conference’s guidance follows similar statements by the American Bar Association, proposals to amend the federal rules, and proposed legislation.  In any other era, this minutia of […]

Notice & Comment

Do you C what I C? – CIC Services v. IRS and Remedies Under the APA, by Mila Sohoni

The Supreme Court recently decided CIC Services v. Internal Revenue Service, 593 U.S. __ (2021). Commentators on Notice & Comment and elsewhere have already discussed this decision’s implications for the Anti-Injunction Act and challenges to federal taxes. What has apparently gone unnoticed, however, is what the Court’s decision implies for the Administrative Procedure Act and […]

Notice & Comment

Ninth Circuit Review-Reviewed: What Will Happen to Four Years’ Worth of Anti-Administrativist Jurisprudence in CA9?, 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. When Trump Is Gone, Will CA9 Start Abnegating? If you’re an anti-administrativist, it’s been a great four years in CA9. During the Trump-era, the Ninth Circuit filled the Federal Reporter with orders […]