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, […]
Today the Supreme Court issued its decision in United States v. Arthrex, the case raising an Appointments Clause challenge to administrative patent judges (APJs) on the Patent Trial and Appeals Board (PTAB) at the U.S. Patent and Trademark Office (USPTO). In a 5-4 decision on the merits (and 7-2 on the remedy), the Court holds […]
Is a memorandum or communication encompassing several distinct subjects one “record” or multiple “records”? Thus, in response to a Freedom of Information Act (“FOIA”) request, can an agency redact as non-responsive the portions of the memorandum/communication involving subjects outside the scope of a FOIA request? I. The Concept of “Scoping” Imagine, a State Department cable […]
As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state. The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]
Dædalus, The Journal of the American Academy of Arts and Sciences, just published a fascinating special issue that explores the future of the administrative state. Mark Tushnet organized the issue, and it includes contributions from Bernie Bell, Cary Coglianese, Susan Dudley, Sean Farhang, Jeremy Kessler, David Lewis, Michael Neblo, Aaron Nielson, Beth Simone Noveck, Neomi […]
The ABA Administrative Law Section’s Government Information & Right to Privacy Committee Presents FOIA Challenges in Immigration Wednesday, June 16, 2021, 12:00-1:30 pm ET Participants: Emily Creighton; Legal Director, Transparency; American Immigration Council Claudia Valenzuela; Managing Attorney; Immigration Legal Defense Bradley White; Senior Director of Privacy Policy and Oversight; Department of Homeland Security Abioye Mosheim […]