Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part II)

by Bernard Bell — Thursday, Aug. 9, 2018

If all lives matter, then all lives count. This is the second in a series of posts regarding Secretary of Commerce Wilbur Ross’ March 26, 2018 memorandum (here) directing the Census Bureau to add a citizenship question to the 2020 decennial census form distributed to all households.  Administrative Record filed in New York v. Department […]

D.C. Circuit Review – Reviewed: In Which Your Host Is Lazy

by Aaron Nielson — Friday, Aug. 3, 2018@Aaron_L_Nielson

Here at Notice & Comment, I try to come up with a fun* theme each week. This week, however, I’m going to play a get-out-of-fun-theme-free card. The Court decided too many cases. Alas. Here is the rundown. Let’s start with the FERC cases. In Verso Corporation v. FERC, Judge Wilkins (joined by Judges Rogers and […]

Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part I)

by Bernard Bell — Friday, Aug. 3, 2018

The electorate should choose its representatives, not the other way around. On March 26, 2018, Secretary of Commerce Wilbur Ross directed the Census Bureau to include a question regarding citizenship on the 2020 census short form distributed to all households.  Memorandum from Wilbur Ross to Karen Dunn Kelley, Under Secretary for Economic Affairs, Department of […]

OMB Seeks Comment on Proposal to Create a Government Effectiveness Advanced Research (GEAR) Center

by Emily Bremer — Thursday, Aug. 2, 2018@emilysbremer

The proposed GEAR Center is described as “a public-private partnership to improve mission delivery, citizen services, and stewardship of public resources.”  OMB is requesting comments by September 14, 2018 from the public, academics, experts, and industry.  The Request for Information (RFI) appears to have been only been posted online, with a shorter notice of its […]

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Can Montana Force the IRS to Break the Law?

by Andy Grewal — Tuesday, July 31, 2018

The IRS recently changed the rules on how some tax-exempt organizations must report information related to their “substantial contributors” (that is, those who donate $5,000 or more in a year). This change has sparked a political controversy, fueled by concerns over “dark money” in politics and the Citizens United decision. One state (Montana) has already […]

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Mashaw and Berke on Presidentialism Versus Pluralism: The Missing Epilogue to Madison’s Nightmare, by Peter M. Shane

by Guest Blogger — Monday, July 30, 2018

The University of Chicago Press surprised me in 2015 with the happy news that they intended to bring out in paperback my 2009 book, Madison’s Nightmare: How Executive Power Threatens American Democracy. A less happy surprise was the press’s lack of interest in my providing an epilogue that would bring the analysis forward through seven […]

Wishful Thinking? Justice Gorsuch and the Future of the Seminole Rock/Auer Deference Doctrine, by Kevin O. Leske

by Guest Blogger — Monday, July 30, 2018

On July 9, Chris Walker posted about the cert petition filed in July in Kisor v. O’Rourke, which presents the question of “whether the Court should overrule Auer and Seminole Rock” – the doctrine that requires courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent […]

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Cost-Benefit Analysis of Tax Regulations: A Case Study (with Jennifer Nou and David Weisbach)

by Daniel Hemel — Friday, July 27, 2018

[Note: This post is co-authored with University of Chicago Law School colleagues Jennifer Nou and David Weisbach.] The Treasury Department and the Internal Revenue Service (IRS) have submitted a proposed rule regarding the new passthrough deduction to the Office of Information and Regulatory Affairs (OIRA) for review. This appears to be the first tax regulation labeled as “economically significant” […]

D.C. Circuit Review – Reviewed: More Artful Dodging

by Aaron Nielson — Friday, July 27, 2018@Aaron_L_Nielson

A couple of weeks ago, I rebutted — well, at least I think so — the suggestion that Judge Kavanaugh is an artful dodger. This week, however, I’m going to backpedal a bit. It turns out that Kavanaugh may very well have to be an artful dodger once he gets to the Supreme Court. Let […]

Would a Justice Kavanaugh Overturn Humphrey’s Executor and Declare Independent Agencies Unconstitutional?

by Chris Walker — Friday, July 27, 2018@chris_j_walker

Over at SCOTUSblog yesterday, I examined the administrative law jurisprudence of Judge Kavanaugh, President Trump’s nominee to the Supreme Court. At nearly 4,000 words, I’d like to say it was a deep dive for a blog post, but Judge Kavanaugh has written more than 120 opinions dealing with administrative law. So the final draft was nearly […]