In a Federalist Society webinar on Monday, July 12, 2021, at 2PM eastern, my coauthor Shoba Sivaprasad Wadhia and I will be discussing our article The Case Against Chevron Deference in Immigration Adjudication, as well as the Biden Administration’s apparent move from adjudication and guidance to rulemaking for major immigration policy. Dick Pierce and Susan […]
Published by the IBM Center for The Business of Government, Susan Webb Yackee has authored a new report entitled Guidance on Regulatory Guidance: What the Government Needs to Know and Do to Engage the Public. This looks like a fascinating read. Here’s a summary of the report from the Center’s website: Federal agencies routinely issue […]
Over the past two months, proponents of major changes in antitrust law have introduced numerous bills in Congress that have some degree of bipartisan support. One of the leading proponents of major changes, Lina Khan, is now Chair of the FTC. On July 1, Chair Khan announced major changes in the FTC’s policies and procedures […]
This past week, the administrative law listserv—and a longer treatment, titled Fasten Your Seatbelts, The FTC Is About to Take Us on a Rollercoaster Ride, published on this blog—has had plenty to say about Chair Lina Khan and her stewardship of the FTC. What motivates me to write, however, is the surprising and surprisingly uncharitable […]
As regular readers of this blog may be aware, I recently argued in the U.S. Supreme Court—and lost. In Collins v. Yellen, the Court appointed me to defend the Federal Housing Finance Agency, an independent agency whose director can only be fired “for cause.” Applying Seila Law v. CFPB, the Court concluded 7-2 — including […]
In Transunion v. Ramirez, the Supreme Court illustrated the limits on Congress’s authority to establish an Article III “injury in fact.” Though the case involved a lawsuit by private plaintiffs against a private company, the Court’s decision will likely affect standing doctrine in other contexts. As discussed here, the Transunion case may negatively affect congressional […]
In the course of an eighty-minute meeting today, the new 32-year-old Chair of the FTC took a long series of actions—each by a vote of 3 to 2—that dramatically expand the power of the FTC and of its Chair. The actions included: rescinding the bipartisan statement of policy that the FTC adopted in 2015 to […]
“From tragedy we draw knowledge to protect the safety of us all.”[1] When an aviation accident or a significant highway, marine, railroad, pipeline, or hazardous-materials accident occurs, the National Transportation Safety Board (“NTSB”) springs into action. See, 49 U.S.C. § 1131 (listing types of accidents within the NTSB’s jurisdiction). The NTSB investigates the accident’s causes, […]
For those interested in new scholarship in constitutional and administrative law, Neysun Mahboubi has organized a summer discussion series on the Law and Governance channel on Clubhouse. The first event is tomorrow, June 30 at 8:30 pm EDT. Calvin Terbeek will be in the hot seat, discussing his new article in the American Political Science […]
I am delighted to have the privilege of joining the JREG Notice & Comment Blog as a contributor. I’ve learned a lot from reading the blog over the years, and am excited to be able to contribute to these fascinating discussions. For my inaugural post, I will critique an injunction that a federal district court […]
This month has been a busy one for me, with teaching classes again in Washington, D.C., numerous important activities happening within the ABA’s Administrative Law Section, and the Supreme Court handing down a number of important administrative law decisions. In case you missed them, earlier this week I blogged about the Court’s decisions in United […]
For the past year, there have been few major changes on the state deference front. That’s not to say that 2020 was completely uneventful. 2020 did see a few notable dissents, concurrences, and separate opinions critiquing deference. See Woodford v. Ins. Dep’t, 243 A.3d 60, 79 (Pa. 2020) (Donohue, J., concurring) (“When a reviewing court finds […]
Last year, I wrote a post called “More Chevron Waiver.” My point was that although the D.C. Circuit has held that “an agency’s lawyers cannot forfeit the applicability of Chevron deference unless the underlying agency action fails to manifests its engagement in the kind of interpretive exercise to which review under Chevron generally applies,” the Supreme Court (per Justice Breyer) in County of Maui […]
Today the Supreme Court issued its decision in Collins v. Yellen, the constitutional challenge to the single-head leadership structure of the Federal Housing Finance Authority (FHFA). This is a follow-on case to the Supreme Court’s decision last Term in Seila Law v. Consumer Financial Protection Bureau, in which the Court held that the CFPB’s leadership by […]
Here are the details: Topic: Latest Federal Sector Developments at the EEOC Office of Federal Operations Description: Please join us to learn about the latest developments at the EEOC Office of Federal Operations, including a review of significant cases decided in the last year. Confirmed Panelists:Elyssa Santos-Abrams, Senior Attorney Advisor, EEOC Office of Federal Operations, […]