The Trump Administration recently contemplated issuing an executive order aimed at combatting state restrictions on the development of artificial intelligence (“AI”), but has, for the moment ceased its efforts. The order would have directed that Attorney General to assemble a task force to challenge state laws regulating artificial intelligence, including mounting challenges based on the […]
“I do not say the office is either Executive or Judicial; I think it rather distinct from both, though it partakes of each, and therefore some modification, accommodated to those circumstances ought to take place.” – James Madison on the Comptroller, June 29, 1789 On Monday, December 8th, the Supreme Court will hear oral arguments […]
According to news reports, the Trump Administration recently contemplated issuing an executive order aimed at combatting state restrictions on the development of artificial intelligence (“AI”). A leaked draft has been widely discussed in the press (and, indeed, is available on-line).[1] The Administration has reportedly decided to cease work on the executive order,[2] but could resurrect […]
Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “exceptionalism” has characterized immigration law for more than a century. Many constitutional and other traditional norms do not apply in the realm of immigration […]
On December 8, the Supreme Court will hear oral argument in the landmark case of Trump v. Slaughter. A fundamental issue in the case is whether the statutorily created office of Commissioner for the FTC can include partial restrictions on the President’s ability to remove a Commissioner. The government contends that the statutory removal restrictions […]
Last month, Jeffrey Clark, the Acting Administrator of the Office of Information and Regulatory Affairs, issued yet another memorandum (M-25-36) describing how the Trump Administration intends to “streamlin[e] the review of deregulatory actions.” If you’re experiencing déjà vu, you’re not alone: M-25-36 follows at least two executive orders, an April presidential memorandum, and two other […]
The D.C. Circuit released no opinions last week. That, and Thanksgiving, might otherwise provide an occasion for a light-hearted post about D.C. Circuit cases involving Turkey pardons and cranberry confiscations (both exist!). But Thanksgiving was a more somber day in Washington, D.C., this year, as it saw the death of one of the two Guardsmen […]
This piece argues that Congress may invalidate new AI regulation through a moratorium or preemption without running afoul of the anticommandeering doctrine. As AI systems grow in capability, importance, and risk, states are increasingly seeking to regulate them. Illinois bans AI use in therapy. California requires large AI developers to disclose their safety policies. Several […]
Here is the October 2025 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 […]
Here is the list of works included in the November 2025 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. For more information about this terrific resource, check out my first […]
As we approach Thanksgiving travels, I wanted to share a new monthly podcast that might be of interest to readers of this blog. The podcast is titled “The Separation of Powers,” and it is produced by the Separation of Powers Institute at the Catholic University of America. I host the podcast, and each episode typically […]
As part of my prep for this year’s ABA Administrative Law Conference, I put together a list of the regulatory policy documents that have been issued since the start of President Trump’s second term. Looking over these documents, a few themes emerge. First, the assertion of executive power. You can see this in assertions that […]
Justice Scalia famously described the Lemon test as a “ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried . . .” For many, this aptly describes the nondelegation doctrine—a ghoul that haunts the administrative state. Almost a century has passed since the Supreme Court invoked […]
In an essay published earlier this fall, Professor Caleb Nelson argues that, as a matter of originalism, the President does not have a constitutional power to remove executive officers. Professor Nelson is a renowned scholar, whose arguments could well influence the Supreme Court in two upcoming removal cases: Trump v. Slaughter and Trump v. Cook. […]
November 18, 2025, Update: AALS New Voices in Administrative Law seeks more senior commentators! We’ve received a bumper crop of submissions from junior scholars and need more senior commentators. The New Voices program is scheduled for Tuesday, January 6, 2026, from 4:10 to 5:25 p.m. at the AALS Annual Meeting in New Orleans. If you’re able to join […]