Monthly Archives: February 2016

Hold the Date: March 16, 2016, approximately 1:30 pm – 6:30 pm

by Guest Blogger — Monday, Feb. 29, 2016

“The Second Hoover Commission’s 60th Anniversary and Lessons for Regulatory Reform” The Hoover Institution — 1399 New York Ave. NW, Washington, D.C. On March 16, the ABA Section of Administrative Law and Regulatory Practice and the Hoover Institution will co-host an afternoon-long conference on the past, present, and future of regulatory reform, at the Hoover […]

The Virtues and Vices of the WHO

by Nicholas Bagley — Saturday, Feb. 27, 2016

The World Health Organization’s dismal handling of the Ebola outbreak has led to calls for sweeping reforms to the world’s system for managing infectious disease. The consensus view, though, is that we shouldn’t start from scratch. Laurie Garrett captures the prevailing wisdom in her incredible Foreign Affairs article on Ebola: The WHO performed so poorly […]

D.C. Circuit Review – Reviewed: Punching Bags

by Aaron Nielson — Saturday, Feb. 27, 2016@Aaron_L_Nielson

Justice Elena Kagan has many talents, one of which is asking sharp questions at oral argument. For instance, one of my favorite moments as a litigator came, in a case about raisins , when Kagan asked these questions to the attorney for the United States: (1) “[B]efore you do that then [i.e., get to his […]

Deacon on Congressional Delegation of Law-Invalidating Authority (AdLaw Bridge Series)

by Chris Walker — Friday, Feb. 26, 2016@chris_j_walker

A lot of attention these days has been focused on prosecutorial discretion in the administrative law context—the scope of the Executive Branch’s authority to not enforce the law. We recently had a week-long online symposium about it in the immigration context, with a particular focus on the pending Supreme Court case challenging the Obama Administration’s […]

A Massive Class Action over Risk Corridors

by Nicholas Bagley — Thursday, Feb. 25, 2016

From the Portland Tribune: Health Republic Insurance Company of Oregon, a Lake Oswego-based insurer that is phasing down its operations, on Wednesday filed a $5 billion class action lawsuit on behalf of insurers it says were shorted by the federal government under an Obamacare program. The lawsuit, filed in the United States Court of Federal […]

ABA House of Delegates Approval of Recommended APA Amendments, by Jamie Conrad

by Guest Blogger — Wednesday, Feb. 24, 2016

At the ABA’s Mid-Year Meeting on February 8, the House of Delegates approved a list of recommended changes to the Administrative Procedure Act (APA) submitted by the Section of Administrative Procedure & Regulatory Practice. This was an important development for the Section because of the centrality of the APA to what we do. It was […]

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On Writing Books

by Peter Conti-Brown — Tuesday, Feb. 23, 2016

After more than six years of work, my book The Power and Independence of the Federal Reserve was recently published by Princeton University Press. I’ll be blogging on its content in the weeks ahead, so I won’t pregame those posts here. Instead, I wanted to discuss a topic that might be of interest to some […]

Scalia and Chevron: Not Drawing Lines, But Resolving Tensions

by Adam White — Tuesday, Feb. 23, 2016

Among the many reasons for mourning Justice Scalia’s untimely passing (on which I’ve written at length elsewhere) is the fact that his death abruptly cut short his late-career reconsiderations of the administrative state. As Aaron Nielson observes, recent years had seen Justice Scalia expressing serious doubts about judicial deference to agency interpretations of their own […]

All Good Things (Including Agency Discretion) Must Come to an End, by Tamara Tenney

by Guest Blogger — Tuesday, Feb. 23, 2016

As highlighted by Professor Bagley on this blog last Friday, the D.C. Circuit’s recent opinion inAmerican Hospital Association v. Burwell offers an intriguing look at a complex problem facing the Medicare program—and the health care providers and suppliers wrapped up in its dramatically backlogged appeals system. Professor Bagley’s excellent post neatly articulates the complicated issues […]

The Supreme Court Vacancy and the Majoritarian Difficulty, by Daniel Hemel

by Daniel Hemel — Monday, Feb. 22, 2016

A central premise in administrative law is that federal judges lack the democratic legitimacy of executive branch officials. As Justice Scalia put it in City of Arlington v. FCC, “unelected . . . federal judges” are “even less politically accountable” than “unelected federal bureaucrats.” A similar sentiment suffuses Justice Stevens’s opinion for the court in […]