Monthly Archives: November 2019

Some of Trump’s Most Devious Lies Are About Health Care

by Nicholas Bagley — Tuesday, Nov. 12, 2019

I’ve got an op-ed in the New York Times today that explores how the Trump administration is using executive power in the health-care space. It’s not a pretty picture. As Democrats debate the best way to achieve universal coverage and lower health care costs, the Trump administration has a different approach to the challenges of our […]

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Conference in DC: “Technology, Innovation, and Regulation”

by Adam White — Monday, Nov. 11, 2019

On Friday, the Gray Center for the Study of the Administrative State will host a day-long conference on “Technology, Innovation, and Regulation.” It’s an admittedly broad topic. What we have in mind are twin questions: How does regulation affect technological innovation? And how does technological innovation affect regulation? We’ll be focusing on specific issues regarding social […]

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Ninth Circuit Review—Reviewed:  Panels Weaponize “Standards of Review” To Launch Preemptive Strikes against Chevron, by William Yeatman

by Guest Blogger — Saturday, Nov. 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]

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New OIRA Guidance on Guidance

by Bridget C.E. Dooling — Friday, Nov. 8, 2019@BridgetDooling

Our blog exploded a couple of weeks ago when the president issued two new Executive Orders related to guidance. In about 24 hours we had four fine contributions, a testament to the blog’s deep bench: Breaking News: Two Major Executive Orders, Aaron Nielson The October 9 Executive Orders and Government Acquisition of Information, Bernard Bell […]

The DACA Trap, by Zachary Price

by Guest Blogger — Wednesday, Nov. 6, 2019

The Supreme Court will hear oral arguments next week about whether the Trump Administration can unwind DACA, the Obama Administration’s policy of “Deferred Action for Childhood Arrivals.”  Under the DACA program, the government invited large numbers of undocumented immigrants who arrived in the United States as young children and met other criteria to apply for […]

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Call for Submissions 11/8 Deadline: AALS New Voices in Administrative Law and Legislation

by Christopher J. Walker — Monday, Nov. 4, 2019@chris_j_walker

The AALS Sections on Administrative Law and Legislation are pleased to announce their co-sponsored “New Voices in Administrative Law and Legislation” program for the 2020 AALS Annual Meeting in Washington, D.C. The New Voices program gives junior administrative law scholars and junior legislation scholars an opportunity to receive useful feedback on their work from more […]

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Administrative Law Programming at 2020 AALS Annual Meeting in Washington, DC, January 2-5, 2020

by Christopher J. Walker — Monday, Nov. 4, 2019@chris_j_walker

The American Association of Law Schools annual meeting will be in Washington, DC, on January 2-5, 2020, and the early-bird registration deadline is November 14th. Law professors can register here. Here’s a look at the administrative law programming for this year’s annual meeting (full program here): Friday, January 3, 2020 Administering the 2017 Tax Act: […]

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D.C. Circuit Review – Reviewed: Our (Relatively) Uncontroversial Appointments Clause

by Aaron Nielson — Friday, Nov. 1, 2019@Aaron_L_Nielson

Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]