Notice & Comment

Notice & Comment

Notice & Comment

ACUS Request for Information About Frontline Decision Making in the Adjudication of Applications

ACUS is requesting information as part of the ongoing project Frontline Decision Making in the Adjudication of Applications. The project will examine and identify best practices for frontline decision making in the adjudication of applications for benefits, loans, grants, licenses, and the like in which there is a later opportunity for a hearing before a federal agency adjudicator. Among other topics, […]

Notice & Comment

Comparative Administrative Law Scholarship Corner (April 2026)

Here is the list of works included in the April 2026 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 […]

Notice & Comment

Eleventh Circuit Review—Reviewed: Federal vs. State Action, Spirit Security Fees, and More

This post begins a new series reviewing the administrative law decisions of the Eleventh Circuit. The Eleventh Circuit is the third-busiest federal court of appeals, and it hears cases from Florida, Georgia, and Alabama. Over the past two weeks, the court decided three cases of note. First, it vacated an injunction against the construction of a detention […]

Notice & Comment

D.C. Circuit Review – Reviewed: Presidential Powers, Iranian Oil, and Implied Equitable Relief

One of President Donald Trump’s first acts of his second term was to proclaim that there was an “invasion” of immigrants at the border between Mexico and the U.S. His proclamation aimed to block people from entering the U.S. and applying for asylum. Last week, the D.C. Circuit held in Refugee and Immigrant Center for Education […]

Notice & Comment

EPA and HHS Signal a Federal Shift on Microplastics

The Trump administration has generally favored reducing environmental regulations. Yet on April 2, 2026, the Environmental Protection Agency (EPA) and the Department of Health and Human Services (HHS) made coordinated announcements signaling that microplastics—tiny plastic particles found in everything from tap water to human blood—would receive new federal attention. EPA moved to designate microplastics a […]

Notice & Comment

The Trump Administration’s Attempts to Ban Gender Affirming Care for Minors Are Illegal

On December 18th, 2025, the U.S. Department of Health and Human Services (HHS) launched a multi-pronged, administrative attack on gender affirming care (GAC) for pediatric patients. The Department’s goal is straightforward: to use its vast rulemaking authorities to ban the practice nationwide. The Supreme Court holding in U.S. v. Skrmetti and the recent tenor of […]

Notice & Comment

An Endangered Species Act Exemption Reveals Distrust of Process, Congress, and Courts

On March 31, 2026, the “God Squad” convened for the first time in more than 30 years. The Endangered Species Act (ESA) prohibits federal actions that could jeopardize the continued existence of an endangered or threatened species, but this group—the Endangered Species Committee—has the power to exempt activities from that requirement. In the span of […]

Notice & Comment

Ad Law Reading Room: “Revisiting Presidential Reorganization,” by Maria Ponomarenko

Today’s Ad Law Reading Room entry is “Revisiting Presidential Reorganization,” by Maria Ponomarenko, which is forthcoming in the George Washington Law Review’s annual administrative law issue. Here is the abstract: For much of the twentieth century, Congress repeatedly delegated to presidents the authority to “reorganize” the executive branch. Presidents from both parties used this authority […]

Notice & Comment

ACUS Update: Seeking Consultants for Six New Projects

On April 23, 2026, the Administrative Conference of the United States (ACUS) announced that it is seeking consultants for six projects directed towards the development of formal recommendation to federal agencies and, where appropriate, Congress, the President, and the Judicial Conference. Proposals must be received by June 12, 2026, 5:00 p.m. Eastern Time to be […]

Notice & Comment

Loper Bright and the Future of the Democratic Coalition, by Gregory A. Elinson

This post is one half of a two-part series. Click here to view the post on Loper Bright and the Future of the Republican Coalition. The Supreme Court’s decision to eliminate Chevron deference in Loper Bright Enterprises v. Raimondo was widely seen as a setback for pro-regulatory politics. As Justice Elena Kagan argued in dissent, […]

Notice & Comment

The 14th Amendment Adopted Birthright Citizenship, by Ediberto Roman

The U.S. Supreme Court recently heard oral argument in Trump v. Barbara, a case addressing whether the President can end birthright citizenship by executive action. This issue has fostered considerable debate in recent years. While the majority of legal scholars believe birthright citizenship is available to all, a vocal minority of conservative legal scholars believe […]

Notice & Comment

Doomsday Predictions About Jarkesy Just Don’t Add Up, by Mitchell Scacchi

In response to the U.S. Supreme Court’s 2024 decision in Securities and Exchange Commission v. Jarkesy, a NYU Law Professor wrote in The Atlantic, “Jarkesy continues the Court’s attack on the federal government’s capacity to do many of its most basic jobs.” This captured the sentiment among many who felt that this decision, which affirmed […]

Notice & Comment

Ad Law Reading Room: “Protecting Perkins: Removal, Supervision, and Article II,” by Amy Wildermuth and Peyton Baker

Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain to invalidate statutory removal restrictions protecting most principal officers, administrative law scholars’ gaze has turned to lower levels of the federal bureaucracy (see, […]