Monthly Archives: July 2017

Health Care, the Congressional Budget Office, and “Audit the Fed”

by Peter Conti-Brown — Monday, July 31, 2017

There’s no shortage of colorful players in the last round of health care debates. Senators battling kidney and brain cancer, the parliamentarian’s star turn, presidential surrogates and their sideshows, all preceded the ultimately fruitless (until now) effort to repeal the Affordable Care Act. One of the most intriguing institutional players in the debate was the […]

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When Adjudication is Avoiding Adjudication

by Jill Family — Monday, July 31, 2017

Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]

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D.C. Circuit Review – Reviewed: 417 Pages

by Aaron Nielson — Friday, July 28, 2017@Aaron_L_Nielson

417 pages. Four hundred seventeen pages. Cuatrocientos diecisiete páginas. Quadringentos annos pages. 417ページ.* The D.C. Circuit’s opinions this week come in at 417 pages. And these pages are not easy pages; we have high-level constitutional law, dense environmental law, a major circuit split about Medicare, a very important case about terrorism, and a sighting of […]

Immigration Law at AALS- 2 Calls for Papers

by Jill Family — Friday, July 28, 2017

The Immigration Law Section has out two calls for papers for AALS 2018.  San Diego!  In January!  Both calls are posted below.  One is for works in progress, the other is for the section’s main program at the conference. AALS Immigration Law Section Call for Papers for Works-in-Progress Session at AALS San Diego, CA Saturday, […]

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Waivers are dead, long live waivers

by Nicholas Bagley — Friday, July 28, 2017

At 10pm on Thursday, the Senate finally released a “repeal” bill—the Health Care Freedom Act—that may have the votes to pass. If you’ve been following the reporting, it’s mostly as expected. The bill repeals the individual mandate, delays the employer mandate until 2025, delays the implementation of the medical device tax until 2021, and defunds […]

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Keeping an Eye on Patchak v. Zinke

by Andrew Hessick — Thursday, July 27, 2017@andyhessick

Next term, the Court will hear Patchak v. Zinke, No. 16-498. The case raises an old question about the line between the power of Congress and the power of the federal courts: The extent to which Congress can direct the outcome of a case. Patchak brought suit under the APA challenging the Department of the […]

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Judicial Deference under the Regulatory Accountability Act

by Chris Walker — Wednesday, July 26, 2017@chris_j_walker

Since I last blogged about the Portman-Heitkamp Regulatory Accountability Act being reported favorably out of committee in May, there hasn’t been any movement on the legislative front. A number of additional administrative law scholars, however, have weighed in, and the legislation continues to get serious attention in policy circles. For instance, Cass Sunstein has a generally […]

The Russia Sanctions Bill Is Unconstitutional — and Unnecessarily So

by Daniel Hemel — Tuesday, July 25, 2017

The bill to impose sanctions on Russia for meddling in the 2016 election—which passed the Senate by a 98-2 vote in June and passed the House by a 419-3 margin this afternoon—is unconstitutional. Unnecessarily unconstitutional. Indeed, the bill’s unconstitutionality is so gratuitous that one wonders whether it resulted from a mere oversight or whether it […]

The Obstruction Statute as Structural Law, by Aneil Kovvali

by Guest Blogger — Monday, July 24, 2017

In a recent working paper and op-ed, Professors Daniel Hemel and Eric Posner argue that the federal statute banning obstruction of justice applies to the president, and that the president would violate the statute if he intervened in an investigation to advance his personal interests. Hemel and Posner suggest that this can be reconciled with […]

Stephen Presser on Law Professors Shaping American Law

by Chris Walker — Monday, July 24, 2017@chris_j_walker

Last week I had the opportunity to debate/discuss the modern administrative state with Stephen Presser at an event hosted by the Federalist Society’s Austin, Texas, Lawyers’ Chapter. In preparation for our discussion, I read Professor Presser’s fascinating new book Law Professors: Three Centuries of Shaping American Law. Although the book is not focused on administrative law, I […]