Regulatory Change & the Trump Administrative State Conference

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Notice & Comment

 

That’s the headline of a new piece of mine in the Atlantic. It focuses on the oral argument before the Fifth Circuit in Texas v. United States, and the apparent willingness of two Republican-appointed judges to entertain seriously the notion of invalidating the entire ACA. How did it come to this? What the hell is […]
The D.C. Circuit doesn’t hear cases over the summer, but it sure does issue a lot of opinions. Well, except for this week. Today, the D.C. Circuit heard argument. And this week, the Court only issued two opinions. This doesn’t feel like July at all! The D.C. Circuit stops hearing oral argument in May and […]
Welcome to another installment of Fifth Circuit Review-Reviewed! As you are no-doubt aware, the Fifth Circuit heard oral argument in Texas v. United States earlier this week, a case challenging the constitutionality of the Affordable Care Act. That case is already getting plenty of attention from many capable commentators, so this post will focus on […]
During the last week of its just-ended term, the Supreme Court handed down two eagerly anticipated decisions with significant implications for administrative law and, indeed, more broadly, for separation of powers constitutional jurisprudence. The two decisions are Gundy v. United States and Kisor v. Wilkie. While there will be thousands of pages in law reviews, […]

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