Monthly Archives: January 2015

Jain on Arrests as Regulation (AdLaw Bridge Series)

by Chris Walker — Thursday, Jan. 29, 2015@chris_j_walker

The intersection of criminal law and administrative law is a fascinating one. It has been explored primarily and extensively in the context of immigration—so much so that there’s a whole field called crimmigration, with a terrific blog by César Cuauhtémoc García Hernández that covers the field. And most (though not all) of the focus there […]

Another Strike Against the Plaintiffs’ Case in King

by Nicholas Bagley — Monday, Jan. 19, 2015

I was reading the ACA again yesterday—a pretty typical Sunday for me—when I came across another statutory clue that Congress could not have meant to strip tax credits from states with federally established exchanges. The ACA requires all individual and small-group insurers to cover the “essential health benefits,” but the statute was pretty vague about […]

Reining in Regulation or Delegation?

by Jeff Pojanowski — Friday, Jan. 16, 2015

Greetings from the frozen tundra of Northern Indiana! As a new Congress gets set to work, administrative law aficionados are focusing on the Regulatory Accountability Act (“RAA”), which would substantially amend the Administrative Procedure Act. The bill passed the House with a vote of 250-175 and the President is threatening to veto it on the […]

Daniels on Principal-Agent Theory in Administrative Law (AdLaw Bridge Series)

by Chris Walker — Friday, Jan. 16, 2015@chris_j_walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. The conventional model for understanding this relationship between Congress and the administrative state—as positive political theorists have long explored—is to view it in principal-agent terms. In other words, Congress delegates authority to federal agencies, and those agencies are […]

King v. Burwell Amicus Briefs: Blackman/Cato Set the Context

by Andy Grewal — Thursday, Jan. 15, 2015

This is the fifth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: The amici curiae brief of Professor Josh Blackman and the Cato Institute reflects an unusual but effective contribution to King v. Burwell. The brief touches only lightly on the actual question presented, focusing instead […]

Murphy on Vermeule on Rationally Arbitrary Decisionmaking (AdLaw Bridge Series)

by Chris Walker — Tuesday, Jan. 13, 2015@chris_j_walker

Over at Jotwell — the Journal of Things We Like (Lots) — Richard Murphy reviews one of Adrian Vermeule’s latest essays, “Rationally Arbitrary Decisions (in Administrative Law),” which is available on SSRN here. I should probably confess at the outset that Professor Vermeule is one of my favorite administrative law scholars, and I devour everything […]

King v. Burwell Amicus Briefs: The Doctors Weigh In

by Andy Grewal — Sunday, Jan. 11, 2015

This is the fourth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: Our next amicus brief comes two nonprofits groups, the Association of American Physicians & Surgeons and the Citizens’ Council for Health Freedom, along with some individual physicians (the AAPS brief). I will confess that […]

King v. Burwell Amicus Briefs: WLF and “Legislative Grace”

by Andy Grewal — Friday, Jan. 9, 2015

This is the second in a series of my posts discussing some of the various amicus briefs filed in King v. Burwell: In their brief supporting the taxpayers, the Washington Legal Foundation and Professor Steven J. Willis argue that Section 36B’s plain text forecloses the IRS’s interpretation. A good chunk of the brief repeats arguments […]