When a court seeks the “single, best meaning” of a statute, should it limit itself to considering the interpretations that parties to the litigation choose to offer? That approach would seem to outsource legal interpretation to private parties. But Justice Alito’s dissent in Trump v. Illinois suggests that that’s the way it should work. Trump […]

Last month the Eleventh Circuit heard argument in U.S. ex re. Zafirov v. Florida Medical Associates, LLC, which concerns whether the qui tam provision of the False Claims Act (“FCA”) comports with Article II of the Constitution.  The case (or one like it) seems bound for the Supreme Court—where several justices have already raised questions about qui tam’s constitutionality.   Christian D. […]

From Oren Tamir: On behalf of the administrators of the Comparative Admin Law Listserv, I am excited to invite you to another Webinar we’ve put together (in collaboration with the University of Arizona and the Review of European Administrative Law, REALaw, Blog) on Central Bank Independence in Comparative Perspective: What’s So Special About Central Bank? The Webinar will take […]

We all instinctually acknowledge the importance of rebalancing the scales to promote unbiased and more local news. This is especially true in today’s markets where we see national affiliates and large tech companies increasingly exert their influence over media coverage. The question is how to do it. One option the FCC is considering is to […]

The Supreme Court recently elected to hear Barbara v. Trump. That case centers around the issue of birthright citizenship: Does the Fourteenth Amendment guarantee citizenship to the children of “unlawfully present aliens” and “temporary visitors?” The answer to that question is hugely consequential. But this blog addresses a different question—one that has seemingly been overlooked […]

Many of us who follow the Supreme Court closely have complained that the Court has been issuing very significant decisions on emergency applications, often by the Government seeking a stay of a lower court order that prevented an agency from carrying out an important initiative, without explaining why it acted as it did. On December […]

The video market has changed dramatically over the past quarter century.  No longer dominated by just a few television stations affiliated with major broadcast networks, consumers now have a cornucopia of cable networks, streaming services, and even online video entertainment options (e.g., YouTube) from which to choose.  Faced with rising competitive pressures, television broadcasters are […]

In April 2025, the NYU Law Review and the Institute for Policy Integrity at NYU School of Law hosted a terrific symposium entitled Where Does Administrative Law Go from Here? Just before the new year, the law review published that symposium issue in Volume 100. Andrew Hammond and I contributed an article from our empirical […]

(Coauthored with Charles Yates) Previously, we explained how the Supreme Court, in Bondi v. VanDerStok, appeared to endorse an impossibly deferential standard of review in cases involving claims that regulatory agencies have acted contrary to, or in excess, of their statutory authority. In that post, we observed that the Court’s turn to super-deference in VanDerStok […]

From Oren Tamir:

Until the Court’s December 4 ruling in Abbott v. League of United Latin American Citizens, 25A608, the law on gerrymandering seemed clear.[1]  Political gerrymandering, in which voters were moved around to obtain partisan advantage, no matter how blatant, was safe because it involved a political question which the Court said was beyond the powers of […]

The Supreme Court just heard oral argument in Trump v. Slaughter. At issue was whether the President can fire the heads of the Federal Trade Commission (FTC) at will. But the Court was looking toward the horizon, too. If the Court rules in favor of the President here and holds that the congressionally imposed removal […]