Monthly Archives: January 2017

Judge Thomas Hardiman: Administrative Lawyer, by Jeffrey Pojanowski

by Guest Blogger — Tuesday, Jan. 31, 2017

In the past few days a number of people have asked me about Judge Thomas Hardiman and administrative law. Each time my answer was, “Well, I actually don’t know.” There has been some good writing on Judge Gorsuch and administrative law, in particular with respect to his recently voiced skepticism toward judicial deference to agency […]

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Draining Due Process, by Jill E. Family

by Guest Blogger — Sunday, Jan. 29, 2017

The real life implications of President Trump’s immigration executive orders exploded over the weekend. On Friday, President Trump proclaimed the unwillingness of the United States to accept refugees by suspending the whole overseas refugee program for 120 days and indefinitely suspending that program for Syrian refugees. He also cut off all immigration from seven countries […]

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Recess Appointments Will Likely Return in 2017, by Sam Wice

by Guest Blogger — Saturday, Jan. 28, 2017

After a six-year hiatus, legally valid recess appointments will likely return in 2017. The Constitution gives “[t]he President [the] Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” In effect, recess appointments give the President the […]

D.C. Circuit Review – Reviewed: Standing

by Aaron Nielson — Friday, Jan. 27, 2017@Aaron_L_Nielson

Standing is a big deal. Most agree, for instance, that the law professors suing President Trump about the Emoluments Clause “pretty clearly lack Article III standing.” Likewise, the States, members of Congress, and interest groups seeking to intervene in PHH Corp. v. CFPB no doubt are going to face a fierce challenge to their standing. […]

Government Information Policy under the Trump Administration?, by Nathan Cortez

by Guest Blogger — Thursday, Jan. 26, 2017

As widely reported this week, the Trump administration has apparently sent memos to several federal agencies — including the EPA, HHS, the Interior Department, and the USDA — ordering them not to issue any press releases, publish new materials on their web sites, or post on their social media accounts. The memo to the EPA apparently […]

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The Foreign Emoluments Clause and the Chief Executive

by Andy Grewal — Thursday, Jan. 26, 2017

As regular readers of this blog know, I have written several posts on the Foreign Emoluments Clause over the past couple months.  During that same time, I have been working on an extensive scholarly article on the clause, and I recently posted a draft on SSRN.  (Download here: The Foreign Emoluments Clause and the Chief […]

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Renegotiating Trade Deals in Light of Advances in Multilateral Treaty Law Applicable to the Life Sciences Economy

by Sam Halabi — Tuesday, Jan. 24, 2017

Donald Trump’s team has led an insurrection against the dogma of free trade, calling for a revision or dissolution of NAFTA and killing US participation in the Trans-Pacific Partnership.  They promise to “repeal and replace” the prevailing multilateral system with bilateral deals that do a better job of allocating trade gains to the U.S. (and, […]

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Standing and the Emoluments Clause

by Andrew Hessick — Monday, Jan. 23, 2017@andyhessick

Today, a group of constitutional law scholars apparently plan to file a federal lawsuit alleging that President Trump is violating the Emoluments Clause because his hotels are receiving payments from foreign governments.   Although the meaning of the clause is up in the air, roughly speaking the clause prohibits federal officials from taking payments from foreign […]

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Executive actions Trump could take to change the ACA

by Nicholas Bagley — Monday, Jan. 23, 2017

This post was coauthored by Nicholas Bagley and Adrianna McIntyre.  The executive order President Trump signed on Friday does not have any immediate policy effect, but it does call attention to the wide range of administrative actions that a Trump administration could take to change the Affordable Care Act—all without legislation from Congress. We’ve compiled […]

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