Monthly Archives: April 2017

FOIA’s Affirmative Publication Obligations and Plaintiff-Focused Injunctive Relief, by Bernard W. Bell

by Guest Blogger — Monday, Apr. 24, 2017

Samuel L. Bray’s forthcoming Harvard Law Review article, Multiple Chancellors: Reforming the National Injunction, argues that federal courts should eschew issuing nation-wide injunctions, no matter the importance of the question litigated or the value of nation-wide uniformity.  He urges adherence to the principle that injunctions against the federal government should be “plaintiff-protective,” providing relief only to […]

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Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

D.C. Circuit Review – Reviewed: Knowing is Half the Battle

by Aaron Nielson — Saturday, Apr. 22, 2017@Aaron_L_Nielson

Apologies — this will have to be a quick post. I’m traveling.* On Friday, April 21, the D.C. Circuit issued two opinions about the power of knowledge. The government lost both cases — one in which it sought information and the other in which someone else sought information from it. In CFPB v. Accrediting Council […]

Standing for the New Plaintiffs in the CREW case

by Andrew Hessick — Tuesday, Apr. 18, 2017@andyhessick

Back in January, a group of constitutional law scholars (working with Citizens for Responsibility and Ethics in Washington (CREW)) sued President Trump for violating the Emoluments Clause. In a previous post, I explained argued that those scholars did not have Article III standing because they had not alleged a cognizable injury in fact. Today, the […]

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Was James Comey a Special Prosecutor?, by Thomas A. Barnico

by Guest Blogger — Saturday, Apr. 15, 2017

Election losses bring calls for blame, and FBI Director James Comey has led the early returns. Critics continue to charge that the FBI committed errors in its investigation of Hillary Clinton and that those errors contributed to her defeat. The FBI, they argue, outran its legal writ, particularly in its summer release of its recommendation […]

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A Forgotten Nineteenth-Century Supreme Court Super-Deference Curio, by Richard Murphy

by Guest Blogger — Friday, Apr. 14, 2017

Who among us does not occasionally enjoy a forgotten nineteenth-century Supreme Court decision adopting a super-powerful form of deference that leaves our dear friend Chevron in the dust?[1] And surely there is no time better than the present for such reflections now that Justice Gorsuch has transformed judicial deference to agency statutory constructions into such […]

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Solum on The Case for Originalism

by Chris Walker — Friday, Apr. 14, 2017@chris_j_walker

We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]

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Uncertainty (Still) Has Consequences – and Trump Knows It

by Nicholas Bagley — Thursday, Apr. 13, 2017

This post was co-authored with Rachel Sachs, a professor at Washington University School of Law. It has been cross-posted at Take Care, a blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he’s toying with the idea […]

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Waivers and the future of repeal and replace

by Nicholas Bagley — Tuesday, Apr. 11, 2017

Over at National Review, Yuval Levin argues that a Republican consensus over repeal and replace might slowly be emerging: It now seems that the familiar debates about tax credits vs. deductions and even about spending levels aren’t exactly where the dividing lines are in the House conference. Rather, … the Freedom Caucus Republicans want to […]

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