This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. In this era of the rapid change in administrative law—both at the Supreme Court and from the White House—I am grateful that Senator Schmitt has stepped up as a thought leader in the Senate […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. We agree with Sen. Eric Schmitt that “Congress must reclaim the habit of legislating.” While much of the senator’s report and commentary addresses the challenges posed by the administrative state, we hope he and […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Congressional Review Act is a congressional eraser that wipes agency rules clean—and prevents their future reenactment. President Trump is wielding the Act more effectively than ever before, with a Republican trifecta in control […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Post-Chevron Working Group Report reads less as a plan to improve Americans’ lives through streamlining agencies and achieving democratic accountability than as a broadside against the functionality of American governance that has risen […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. It has been nearly a decade since Justice Elena Kagan summarized the judicial interpretation zeitgeist by noting that “[w]e’re all textualists now.”[1] And while it may be that textualism is a predominate form of […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Senator Eric Schmitt’s Post-Chevron Working Group Report is live. The document (and the lead-up to its publication) reflects a careful process of congressional engagement with a landmark decision of the Supreme Court—Loper Bright Enterprises […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. I have a certain obsession with Congress’s capacity for legal deliberation. I have tried to build out the promise of the ongoing renaissance in legislative constitutionalism.[i] In Resurrecting the Trinity of Legislative Constitutionalism, I […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. How should one think about Loper Bright? On its face, Loper Bright is a meaningful yet measured Supreme Court decision that requires agencies to act consistently with the best statutory readings. But for some, […]

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Chevron is now in the dustbin of history, and the Senate Working Group’s Report establishes a blueprint for what Congress should do next.  One of my top priorities as General Counsel of DOGE was […]

This post introduces Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Constitution never created, and the American people never voted for, an unelected fourth branch of government. Yet over the last century, a malignant administrative state has grown like kudzu over our constitutional […]