Monthly Archives: February 2016

D.C. Circuit Review – Reviewed: Outrunning the Bear

by Aaron Nielson — Sunday, Feb. 21, 2016@Aaron_L_Nielson

The D.C. Circuit issued no opinions this week. Especially with this extra time, it is fitting to take a few moments to reflect on the “admin law” legacy of Justice Scalia, a former administrative law professor and surely one of the most important and talented jurists in the history of the Supreme Court. Justice Scalia […]

Irresistible Forces, Immovable Objects, and Medicare

by Nicholas Bagley — Friday, Feb. 19, 2016

The D.C. Circuit has released a fascinating opinion about the total meltdown of Medicare’s system of internal appeals. The case brings to mind the old paradox of the irresistible force and the immovable object: it’s genuinely vexing and about as difficult to solve. As I explained eighteen months ago, Medicare’s got a big problem on […]

Sohoni on Gersen & Stephenson on Over-Accountability (AdLaw Bridge Series)

by Chris Walker — Thursday, Feb. 18, 2016@chris_j_walker

After an extended hiatus and by (somewhat) popular demand, I’m bringing back the weeklyAdministrative Law Bridge Series, which highlights terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. I have a backlog of a few dozen pieces I’d love to highlight, and these reviews […]

President Trump vs. the Bureaucratic State, by Daniel Hemel

by Daniel Hemel — Thursday, Feb. 18, 2016

The betting website PredictIt now puts the odds of Donald Trump winning the White House this November at 22%. I don’t think that estimate is too far off: Trump is ahead in virtually every recent Republican primary poll, and he trails Hillary Clinton by 3.4 percentage points in a general election matchup (according to the […]

​Regulatory Implications of the New USG Strategy for Engagement in International Cybersecurity Standardization, by Jeff Weiss

by Guest Blogger — Wednesday, Feb. 17, 2016

On December 21, 2015, the National Institute of Standards and Technology (NIST) transmitted to Congress a strategy for U.S. Government engagement in international standardization for cybersecurity. Development of such a strategy was required by the Cybersecurity Enhancement Act of 2014, which tasked NIST to work with relevant federal agencies to ensure interagency coordination in “the […]

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D.C. Circuit Review – Reviewed: An “Inferior” Court

by Aaron Nielson — Saturday, Feb. 13, 2016@Aaron_L_Nielson

The U.S. Supreme Court reminded the world this week that while the D.C. Circuit may be the nation’s “second most important court,” the Supreme Court remains the first. In particular, the Supreme Court decided to stay the EPA’s Power Plant Rule, even though a motions panel of the D.C. Circuit (Judges Henderson, Rogers, and Srinivasan) […]

Justice Scalia, a Big Bowl of Candy, and Noel Canning

by Aaron Nielson — Saturday, Feb. 13, 2016@Aaron_L_Nielson

Today is a sad day for the United States. My favorite memory of Justice Scalia involves Halloween. I don’t know if the Supreme Court does this every year, but when I was there as a law clerk, the Supreme Court invited all the children of clerks to trick-or-treat from chambers to chambers. My kids were […]

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The Briefs in House v. Burwell

by Nicholas Bagley — Friday, Feb. 12, 2016

To follow up on yesterday’s update on House v. Burwell, I thought it might be useful to post the briefs accompanying the cross-motions for summary judgment. To my knowledge, they haven’t been made publicly available elsewhere: House’s Opening Brief. Burwell’s Opening Brief. House’s Opposition Brief. Burwell’s Opposition Brief. House’s Reply Brief. Burwell’s Reply Brief.

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New Regulatory Policy Development: OMB’s Revised Guidance to Federal Agencies on Standards and Conformity Assessment, by Jeff Weiss

by Guest Blogger — Friday, Feb. 12, 2016

On January 27, 2016, the White House Office of Management and Budget (OMB) published its long-awaited revision of Circular A-119 on “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” The new policy was developed through an interagency process that took into account public input received during two […]

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DAPA, “Lawful Presence,” and the Illusion of a Problem, by Anil Kalhan

by Guest Blogger — Friday, Feb. 12, 2016

In an essay published earlier this week, Prof. Michael Kagan expresses concern that “one aspect” of the Obama administration’s executive actions on immigration might be vulnerable when the Supreme Court adjudicates United States v. Texas later this year. In particular, Kagan worries that the plaintiffs might “have a valid point” when they assert that the administration’s initiatives—Deferred […]

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