Monthly Archives: March 2019

Administrative Law SSRN Reading List, February 2019 Edition

by Chris Walker — Sunday, Mar. 31, 2019@chris_j_walker

Here is the February 2019 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter […]

Why the Transfer of Funds to Build the Wall Is Likely Illegal

by Sam Wice — Friday, Mar. 29, 2019@Wice_sam

Recently I wrote a post on why the reprogramming of funds from the Support for Counterdrug Activities fund (10 U.S.C. § 284) to build the wall is likely legal. However, the $2.5 billion that President Trump said he would reprogram are not currently available in the fund. As such, to get funds to use 10 U.S.C. […]

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Reporters’ Statement Concerning Research Methods, by Oren Bar-Gill, Omri Ben-Shahar, and Florencia Marotta-Wurgler

by Guest Blogger — Thursday, Mar. 28, 2019

The Restatement of Consumer Contracts provides a systematic formulation of the common law rules guiding courts in resolving disputes over consumer contracts. These rules are distilled from the analysis of longstanding common law doctrines, as well as a careful reading of more recent leading court decisions, from which we elicit the governing principles. We clarify […]

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If the ACA Is Enjoined, Must the TCJA Be Enjoined Too?

by Sam Wice — Thursday, Mar. 28, 2019@Wice_sam

The Department of Justice recently announced that it will support a district court ruling that the entire Affordable Care Act (ACA) should be enjoined as the allegedly unconstitutional modifications in the Tax Cuts and Jobs Act (TCJA) that zeroed out the individual mandate to purchase health insurance are inseverable from the rest of the ACA. […]

Why Trump’s New Push to Kill Obamacare Is So Alarming

by Nicholas Bagley — Wednesday, Mar. 27, 2019

That’s the headline of my op-ed at the New York Times from this morning. Here’s an excerpt: [T]he Trump administration has signaled loud and clear that its campaign against Obamacare is not over; that it will stop at nothing to achieve in court what it could not achieve in Congress; and that it doesn’t care […]

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Unblocking the Path for Abused, Neglected, and Abandoned Juvenile Immigrants: R.F.M. v. Nielsen

by Bernard Bell — Tuesday, Mar. 26, 2019

Immigration law provides a path to lawful permanent residence for abused, neglected, or abandoned juveniles, see 8 U.S.C. §§ 1101(a)(27)(J),[1] who are accorded Special Immigrant Juvenile (SIJ) status, see R.F.M. v. Nielsen, 2019 WL 1219425 *1 (S.D.N.Y. March 15, 2019).  To establish eligibility, the juvenile must secure a state court special finding order specifying that […]

The Trump Administration Now Thinks the Entire ACA Must Fall

by Nicholas Bagley — Monday, Mar. 25, 2019

In a stunning, two-sentence letter submitted to the Fifth Circuit today, the Justice Department announced that it now thinks the entire Affordable Care Act should be enjoined. That’s an even more extreme position than the one it advanced at the district court in Texas v. Azar, when it argued that the court should “only” zero out the protections for people […]

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D.C. Circuit Review – Reviewed: Lessons from the D.C. Circuit

by Aaron Nielson — Friday, Mar. 22, 2019@Aaron_L_Nielson

Today was a big day for the Yale Journal on Regulation. The Journal hosted a conference on “Regulatory Change & the Trump Administrative State.” I was able to participate on the “Changes in Administrative Law in the Courts” panel. Because the D.C. Circuit was quiet this week,* this post will address some of my remarks. […]