Monthly Archives: May 2017

My D.C. Bar Program Tomorrow (5/25) on Chevron Deference in the Circuit Courts

by Chris Walker — Wednesday, May 24, 2017@chris_j_walker

If you’re in D.C. tomorrow and wanting to chat more about Chevron deference, I’ll be presenting the findings from my coauthored study Chevron in the Circuit Courts (with Kent Barnett, Michigan Law Review forthcoming) at the D.C. Bar. Here are the details from the D.C. Bar website: Chevron Deference in the Circuit Courts Date & […]

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Taking the Nuclear Option Off the Table

by Nicholas Bagley — Monday, May 22, 2017

Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in […]

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Why Hasn’t Rod Rosenstein Recused Himself From the Russiagate Probe?

by Daniel Hemel — Sunday, May 21, 2017

Deputy Attorney General Rod Rosenstein should recuse himself from the probe into the Trump campaign’s ties to Russia and the President’s apparent attempt to obstruct the FBI’s inquiry. Rosenstein himself played a key role in the events at the center of the controversy, and his continued involvement casts a shadow over the ongoing investigation. So […]

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Update on Portman-Heitkamp Regulatory Accountability Act

by Chris Walker — Saturday, May 20, 2017@chris_j_walker

On Wednesday, the Senate Homeland Security and Government Affairs Committee (HSGAC) reported out favorably the Portman-Heitkamp Regulatory Accountability Act. I’ve blogged about this bipartisan regulatory reform legislation here and here, and I have an more in-depth take on the legislation in an essay forthcoming in Administrative Law Review. Earlier this week, moreover, The Regulatory Review (f/k/a RegBlog) […]

Litigation Challenging Trump’s Executive Order on Reducing Regulation and Controlling Regulatory Costs

by Chris Walker — Wednesday, May 17, 2017@chris_j_walker

Over at The Regulatory Review today, Scott Slesinger, Legislative Director at NRDC, and Robert Weissman, President of Public Citizen, have an essay detailing their lawsuit challenging the lawfulness of the Trump Administration’s Executive Order on Reducing Regulation and Controlling Regulatory Costs. Over at the Library of Law and Liberty blog back in February, Brian Mannix posted […]

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Barnett and Walker on Coenen and Davis on the New Major Questions Doctrine (AdLaw Bridge Series)

by Chris Walker — Tuesday, May 16, 2017@chris_j_walker

As my co-blogger Aaron Nielson covered in his D.C. Circuit Review — Reviewed “postscript” two weeks ago, the D.C. Circuit recently denied rehearing in United States Telecom Ass’n v. FCC, which was the challenge to the FCC’s net neutrality regulations. Among more than one hundred pages of separate opinions concerning the denial, Judge Kavanaugh has a […]

Why President Trump’s Decision to Withhold Funding Authorized by Congress Is Likely Illegal, by Sam Wice

by Guest Blogger — Monday, May 15, 2017

President Trump’s recent objections to spending money appropriated under the Consolidated Appropriations Act of 2017 are likely illegal. The 708-page act funds the government for the remainder of the fiscal year and includes multiple specifications on how President Trump must spend money. In a signing statement, President Trump took issue with many of the provisions of the […]

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Federal Circuit Rules that Expedited Veterans Affairs Removal Procedures Create an Appointments Clause Violation

by Jennifer Mascott — Monday, May 15, 2017@jennmascott

This past week the Federal Circuit issued a significant decision* interpreting the Appointments Clause in Article II, Section 2 of the Constitution. In Helman v. Department of Veterans Affairs, the court held unconstitutional part of Congress’s new statutory scheme for expedited removal of senior executives in the Veterans Affairs Department (DVA). In the court’s view, […]

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