Author Archives: Guest Blogger

Why the Trump Hiring Freeze Is Likely Illegal?, by Sam Wice

by Guest Blogger — Friday, May 26, 2017

President Trump’s hiring freeze is likely illegal. In an effort to reduce the size of the federal workforce, President Trump instituted a general hiring freeze on new federal workers. Subsequently, President Trump issued a memo instructing agencies to “begin taking immediate actions to achieve near-term workforce reductions and cost savings, including planning for funding levels […]

D.C. Circuit’s Double-Header on Article II, by Jennifer Mascott

by Guest Blogger — Friday, May 26, 2017

This week the D.C. Circuit sitting en banc heard arguments in its blockbuster (by Washington standards) double-header featuring the appointments and removal implications of Article II. In a nutshell, the cases address whether Article II’s transparency and accountability requirements mean (i) a single head of an executive branch agency must be removable at will (PHH […]

Prosecutorial Discretion at ICE: My Latest FOIA Adventure, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, May 26, 2017

Prosecutorial discretion refers to the decision made by employees of the Department of Homeland Security (DHS) about whether and to what extent immigration laws should be exercised against a person or group of persons. When DHS chooses to not pursue arrest or detention of an undocumented mother living in the United States for many years […]

SAS Institute Inc. v. Lee: The Chevron Challenge Below the Surface, and Why Administrative Lawyers Should Sometimes Care About Patent Cases, by Bill Burgess

by Guest Blogger — Thursday, May 25, 2017

In 2011, Congress gave the Patent Office new rulemaking power, and created new adjudicative proceedings at the Patent Office before panels of “administrative patent judges.” These proceedings have generated hundreds of new appeals to the Federal Circuit, some of which are exceptionally well-lawyered and present interesting administrative law issues. These cases have recently started to […]

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An Administration Takes Sides, by Andrew M. Grossman

by Guest Blogger — Thursday, May 25, 2017

The eccentricities, let’s say, of the current President obscure something very interesting and important that is occurring now in the regulatory system. So I will try, in my seven or so minutes, to describe what’s changed and why it represents the beginning of a serious reimagining—yes, a serious one—of the regulatory process. As a baseline […]

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Why President Trump’s Decision to Withhold Funding Authorized by Congress Is Likely Illegal, by Sam Wice

by Guest Blogger — Monday, May 15, 2017

President Trump’s recent objections to spending money appropriated under the Consolidated Appropriations Act of 2017 are likely illegal. The 708-page act funds the government for the remainder of the fiscal year and includes multiple specifications on how President Trump must spend money. In a signing statement, President Trump took issue with many of the provisions of the […]

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Federal Circuit Rules that Expedited Veterans Affairs Removal Procedures Create an Appointments Clause Violation, by Jennifer Mascott

by Guest Blogger — Monday, May 15, 2017

Article II, Section 2 of the Constitution. In Helman v. Department of Veterans Affairs, the court held unconstitutional part of Congress’s new statutory scheme for expedited removal of senior executives in the Veterans Affairs Department (DVA). In the court’s view, the expedited removal structure enacted in 2014 made administrative judges (AJs) so powerful they would […]

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Trump’s Signing Statement on the Consolidated Appropriations Act of 2017 Is Likely Unconstitutional, by Sam Wice

by Guest Blogger — Wednesday, May 10, 2017

Many of President Trump’s objections to the Consolidated Appropriations Act of 2017 are likely unconstitutional. The 708-page act funds the government for the remainder of the fiscal year and includes multiple restrictions on how President Trump can spend money, otherwise known as “riders.” In a signing statement, President Trump took issue with 76 of these […]