Monthly Archives: November 2018

The CRA Spring Gun May Soon Fire its First Shot

by Bridget C.E. Dooling — Wednesday, Nov. 21, 2018@BridgetDooling

Earlier this month the U.S. Department of Labor (DOL) issued a proposed rule that may turn out to be the first opportunity to test the Congressional Review Act (CRA) post-disapproval restriction on rulemaking. The CRA authorizes Congress to use an expedited process to nullify recent rules. It has been used successfully 17 times, 16 of which […]

Legal Historians Weigh in on the Nationwide Injunction Debate

by Christopher J. Walker — Tuesday, Nov. 20, 2018@chris_j_walker

As regular readers of the blog know, a number of us are very interested in the propriety of nationwide injunctions to enjoin federal agency actions. I’ve blogged a bit about Sam Bray’s APA argument and the new legislation that would limit nationwide injunctions. Nick Bagley has joined Bray in arguing that federal courts should not […]

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Why the Proposed House Rule on Income Taxes Would Not Prevent Democrats from Passing Progressive Legislation

by Sam Wice — Tuesday, Nov. 20, 2018@Wice_sam

House Democrats have proposed that, as part of their changes to the House of Representatives’ rules, income-tax increases on the lowest-earning 80% of taxpayers would require a 3/5ths majority in the House of Representatives. This proposed rule has been attacked as antidemocratic and as an obstacle to passing future, Democratic legislation. However, this rule change would […]

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Scrutinizing Trump’s Taxes is in Congress’s Power, by U.S. Rep. Bill Pascrell, Jr.

by Guest Blogger — Friday, Nov. 16, 2018

I read with great interest Andy Grewal’s recent post on plans by House Democrats to compel the release to Congress of Donald Trump’s tax returns. As a Democratic Member of the House of Representatives and the leader of my caucus’s efforts to expose Trump’s financial records to sunlight, I felt it appropriate to respond to […]

2nd Edition Release: A Guide to the Federal Torts Claims Act, by Paul Figley

by Christopher J. Walker — Tuesday, Nov. 13, 2018@chris_j_walker

The ABA Section of Administrative Law and Regulatory Practice just announced the release of the second edition of A Guide to the Federal Torts Claims Act, by Paul Figley. Here’s the description: This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful […]

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The Whitaker Appointment Controversy and Some Potential Collateral Damage

by Andy Grewal — Tuesday, Nov. 13, 2018

Shortly after the 2018 midterm elections, President Donald Trump accepted Attorney General Jeff Sessions’ resignation. Under a default statutory rule, when the office of Attorney General becomes vacant, the Department of Justice’s Deputy Attorney General may “exercise all the duties of that office.” See 28 U.S.C. § 508. If this provision had applied, Deputy Attorney […]

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Re-Imagining OIRA: A Call for Papers on the Future of Regulatory Budgets, Cost-Benefit Analysis, and White House Regulatory Oversight

by Adam White — Sunday, Nov. 11, 2018

A CALL FOR PAPERS As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment. Instead of thinking […]

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The Trump administration targets the contraception mandate

by Nicholas Bagley — Friday, Nov. 9, 2018

With the midterms out of the way, HHS has released two final rules affording employers wide leeway to opt out of the so-called contraception mandate. The first exempts employers with religious beliefs from the obligation to include contraception in the health insurance package they offer to their employees. The second does the same for employers […]

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