Monthly Archives: November 2014

King v. Burwell: Where Did the “Legislative Grace” Canon Go?

by Andy Grewal — Wednesday, Nov. 12, 2014

In denying taxpayers’ claims for various deductions and credits offered by the tax code, courts are fond of saying that these are matters of “legislative grace.” Congress, we are told, allows a taxpayer to reduce his tax liability through sheer beneficence, and a taxpayer cannot infer a credit or deduction. Rather, his entitlement to them […]

Absurdity and Uncertainty (Part I)

by Jeff Pojanowski — Tuesday, Nov. 11, 2014

The Supreme Court’s recent grant in King v. Burwell has generated a lot of heat, and varying amounts of light, among the legal commentariat. There, the Court agreed to review the 4th Circuit’s rejection of the claim that the text of the Affordable Care Act precludes subsidies for health exchanges established by the federal government, […]

Should Courts Defer to Administrative Interpretations of Criminal Law?

by Christopher J. Walker — Tuesday, Nov. 11, 2014@chris_j_walker

Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.”  Here are some highlights (citations omitted): I doubt the […]

Fordham Law Review’s Chevron at 30 Symposium (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Nov. 7, 2014@chris_j_walker

On Monday the Fordham Law Review  published a symposium entitled Chevron at 30: Looking Back and Looking Forward, which my colleague Peter Shane and I organized to commemorate Chevron‘s thirtieth anniversary. I previously blogged about the Foreword we penned here, and the final version of that Foreword can be found here. To get a full introduction […]

New Report from Stanford Law School on the Effect of Legal Representation in the Administrative Process (Immigration Court)

by Christopher J. Walker — Thursday, Nov. 6, 2014@chris_j_walker

The effect of legal representation is a topic near and dear to those who study and work in the agency adjudication context, whether that be immigration, social security, special education, tax, or veterans benefits — just to name a few. For instance, my colleague Stephanie Hoffer and I explore those issues in the tax context with respect […]

The Federal Reserve and the Republican Senate: Three Issues to Watch

by Peter Conti-Brown — Wednesday, Nov. 5, 2014

The Republican takeover of the U.S. Senate has interesting implications for the Federal Reserve. Three issues come to mind: the legislative agenda, appointments, and hearings. But predicting Republican posture in the 114th Congress is a very difficult thing: it will depend entirely on which wing of the party—the populist/Tea Party wing, or the bank-friendly/establishment wing–takes control […]

Marshall on Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

by Christopher J. Walker — Wednesday, Nov. 5, 2014@chris_j_walker

In my first AdLaw Bridge Series post, I reviewed David Pozen‘s Self-Help and the Separation of Powers, which was just published in the Yale Law Journal. As I mentioned in that post, the article’s practical (and political) implications should not be overlooked. Professor Pozen is careful to note, repeatedly, that the purpose of the paper is not to […]

Jellum on Parrillo on Salarization Impact on Government Legitimacy (AdLaw Bridge Series)

by Christopher J. Walker — Tuesday, Nov. 4, 2014@chris_j_walker

Over at the Journal of Things We Like (Lots) — aka Jotwell, which I explain further here  — Linda Jellum has a solid reviewof Nicholas Parrillo ‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013). The Law and Society Association provides a great summary of the book: Against the Profit Motive traces […]

What the Supreme Court’s Inaction in King v. Burwell (Obamacare Reg Challenge) Means

by Christopher J. Walker — Monday, Nov. 3, 2014@chris_j_walker

This morning the Supreme Court issued orders from its October 31st Conference. At this Conference the Court considered the cert petition in King v. Burwell, the challenge to a critical Obamacare regulation that “extend[s] tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1332 of the Patient Protection and Affordable […]