Author Archives: Connor N. Raso

Thoughts on GAO’s New Report on Guidance Documents

by Connor N. Raso — Tuesday, May 26, 2015

Agency use of guidance documents (defined here as agency rules issued as either interpretive rules or policy statements) has been hot topic in administrative law lately. The Supreme Court recently rejected a D.C. Circuit doctrine that was intended at least in part to deter agency abuse of guidance. Several justices have expressed an interest in reducing […]

Policy, Politics, and Administrative Law: The Obama Administration’s Deferred Action Program

by Connor N. Raso — Monday, Apr. 20, 2015

The Obama administration’s deferred action program for eligible undocumented immigrants has thrust an obscure issue into the spotlight: when must federal agencies allow the public to comment on their policy initiatives? In February, a federal judge issued a temporary injunction against the program largely on the grounds that the Department of Homeland Security’s (DHS) decision […]

Will the Government Get Chevron Deference in King v. Burwell?

by Connor N. Raso — Friday, Mar. 6, 2015

The Government is likely to prevail in King v. Burwell if its interpretation of the Affordable Care Act receives Chevron deference. This raises an important question: what influences when Supreme Court justices grant Chevron deference to agencies? Prof. Bill Eskridge and I examined this question in a paper that examined all Supreme Court cases from […]

Agency Interpretation of Admin Law Requirements

by Connor N. Raso — Wednesday, Feb. 18, 2015

When issuing rules, agencies usually avoid the Reg Flex Act (RFA), which requires consideration of regulatory impacts on small businesses and other small entities. My forthcoming article in theAdministrative Law Review explains why and how agencies have avoided providing Reg Flex analyses for over 92 percent of rules. The House recently passed a bill that […]