Monthly Archives: June 2015

What King v. Burwell Means for Administrative Law

by Chris Walker — Thursday, June 25, 2015@chris_j_walker

Today the Court handed down a 6-3 decision in King v. Burwell, upholding the Government’s regulation interpreting the Affordable Care Act to allow for tax subsidies in healthcare exchanges established by the Federal Government. This is a big win for the Obama Administration in a case that most felt could go either way after the […]

​Did the Court tip its hand about King?

by Nicholas Bagley — Friday, June 19, 2015

Last Monday, the Supreme Court decided Baker Botts v. ASARCO, a bankruptcy case about whether certain kinds of attorneys’ fees are available under the Bankruptcy Code. In deciding the case, did the Court tip its hand about the outcome in King v. Burwell, as some have speculated? Perhaps. On behalf of a six-justice majority, for […]

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The Chevron Shuffle and Legislative History

by Seth Davis — Thursday, June 18, 2015

This post’s about a puzzling opinion from the D.C. Circuit. The puzzle has to do with the Chevron two step and legislative history. This puzzle’s important, and not just for King v. Burwell. In Council for Urological Interests v. Burwell (CUI), published last week and available here, the D.C. Circuit shuffled between one view and another […]

Mellouli v. Lynch and Brand X

by Andrew Hessick — Tuesday, June 16, 2015@andyhessick

Last week, the Supreme Court decided Mellouli v. Lynch, an immigration adjudication case raisingChevron issues. Chris Walker and Patrick Glen have written excellent posts on the decision here and here, but I thought I would add a few more thoughts. At issue in the case was the BIA’s interpretation of 8 U.S.C. § 1227(a)(2)(B)(i), which authorizes […]

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The FDA’s International Regulatory Cooperative Activities

by Sam Halabi — Tuesday, June 16, 2015

In my last two posts, I emphasized the relationship between regulatory capacity building, harmonization, and cooperation using examples from the CDC’s and USAID’s experiences in Liberia and Laos. Yet so far as global supply chains go, the FDA is now and since its establishment has been the most important agency with respect to both cooperation […]

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Did the IRS Already Admit Defeat in King v. Burwell?

by Andy Grewal — Monday, June 15, 2015

In researching Section 4980H assessable payments, commonly referred to as the ACA employer penalty, I came across some potentially significant statements in IRS Notice 2011-36, dated May 23, 2011. The Notice, which reflects an official statement of the IRS, solicits public comments related to regulations under Section 4980H. In describing the statutory scheme, the IRS […]

New ACUS Project on Aggregate Agency Adjudication

by Chris Walker — Friday, June 12, 2015@chris_j_walker

The Administrative Conference of the United States (ACUS) just announced a new project they’ve commissioned, entitled Aggregate Agency Adjudication. The consultants on this project are Adam Zimmerman and Michael Sant’Ambrogio, and it builds on their terrific article The Agency Class Action, 112 Colum. L. Rev. 1992 (2012). Here’s a description of the project, from the ACUS project […]

What Five Years of Dodd-Frank Have Left Undone, by Philip Wallach

by Guest Blogger — Thursday, June 11, 2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act is coming up on its fifth birthday next month. Seldom has a law’s meaning been so little determined five years out from passage—especially a law running hundreds of pages. Dodd-Frank seems to frustrate everyone: Wall Street finds it massively burdensome and parts of it profoundly wrong-headed; […]