Monthly Archives: June 2019

Administrative Law SSRN Reading List, May 2019 Edition

by Christopher J. Walker — Saturday, June 29, 2019@chris_j_walker

This has been such a busy month on the administrative law front, with the end of the Supreme Court’s Term producing a lot of material for future law review articles. In case you missed it, I posted on SCOTUSblog the opinion analysis for PDR Network v. Carlton & Harris Chiropractic (the Hobbs Act case) and on this blog […]

ABA AdLaw Section Summer Brownbag Series

by Christopher J. Walker — Friday, June 28, 2019@chris_j_walker

These two ABA AdLaw Section brownbags look terrific and timely: Summer Brown-Bag Series Section of Administrative Law & Regulatory Practice Regulatory Policy Committee Please join us Wednesday July 24th, 12:00-1:30 PM ET for the Regulation of Social Media? teleconference. Today’s laws and regulations do not address some of the challenges of social media. The United […]

Call for Nominations: Annual ABA AdLaw Scholarship Awards

by Christopher J. Walker — Friday, June 28, 2019@chris_j_walker

Each year, the ABA Section of Administrative Law and Regulatory Practice recognizes the best work of administrative law scholarship for the prior year. I write to request nominations for that award. Eligible books and articles are those that were published (copyrighted) during 2018. In general, publications worthy of the Section’s award should be: well written, […]

D.C. Circuit Review – Reviewed: 20 Thoughts from Maryland

by Aaron Nielson — Friday, June 28, 2019@Aaron_L_Nielson

I’m in Maryland today — to learn about the D.C. Circuit. Cambridge, Maryland is home to the 2019 D.C. Circuit Judicial Conference.* Because I’m rushing to catch a flight home, this will be a post filled with a hodgepodge of thoughts. (1) If you’re wondering whether we should have Judicial Conferences, here are some thoughts […]

Auer is Dead; Long Live Auer, by Evan Bernick

by Guest Blogger — Friday, June 28, 2019

Four years ago, Michael Herz published a fascinating article in which he argued that separation-of-powers devotees should stop worrying about Chevron deference. However it might once have been understood, Herz argued that Chevron deference descriptively was and normatively ought to be understood in 2015 as a two-step process that allowed both the judicial and the […]

What the Census Case Means for Administrative Law: Harder Look Review?

by Christopher J. Walker — Thursday, June 27, 2019@chris_j_walker

Today the Supreme Court decided Department of Commerce v. New York, which was the challenge to Commerce Secretary Ross’s decision to include a citizenship question on the 2020 census questionnaire. The Court, in a 5-4 decision, ultimately agrees with the district court that Secretary Ross’s reason for his decision was pretextual and thus a remand […]

We Are All Administrativists, We Are All Anti-Administrativists

by Adam White — Thursday, June 27, 2019

In an era when our politics seems to leave us all deeply divided, the Supreme Court’s end-of-Term flurry of agency-related decisions is a welcome reminder of how much we agree on. The challenge, of course, is that we don’t express our agreements simultaneously. But they’re there. We want courts to create new doctrines of skeptical […]

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Kisor Deference

by Aaron Nielson — Wednesday, June 26, 2019@Aaron_L_Nielson

When Notice & Comment hosted its two-week symposium on Seminole Rock deference, I insisted on calling it “Seminole Rock” rather than “Auer.” This stubbornness drew hoots from my more nouveau friends but I didn’t see any reason to start using a new name, especially because my sense was that Seminole Rock was still used as […]

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What Kisor Means for the Future of Auer Deference: The New Five-Step Kisor Deference Doctrine

by Christopher J. Walker — Wednesday, June 26, 2019@chris_j_walker

Today the Supreme Court issued its long-awaited (at least for adlaw geeks) decision in Kisor v. Wilkie. The question presented in Kisor was whether to eliminate Auer deference (a.k.a. Seminole Rock deference) — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” […]

My SCOTUSblog Opinion Analysis of PDR Network v. Carlton & Harris Chiropratic

by Christopher J. Walker — Tuesday, June 25, 2019@chris_j_walker

Over at SCOTUSblog last Friday, I did a quick opinion analysis of the Supreme Court’s  decision in PDR Network v. Carlton & Harris Chiropractic. Here’s a snippet from that post: Yesterday the Supreme Court handed down its decision in PDR Network v. Carlton & Harris Chiropractic. The court unanimously agreed to vacate and remand the case to the U.S. Court […]