Texas Fold ‘Em

by Nicholas Bagley — Thursday, June 7, 2018

In an unexpected move, the Justice Department filed a brief this evening urging a Texas court to invalidate the Affordable Care Act’s crucial insurance reforms—including the prohibition on refusing to cover people with preexisting conditions. Although the ACA is not in immediate peril, the brief represents a blow to the integrity of the Justice Department. […]

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The Colorado Baker Opinion Should Not Be Considered an Administrative Law Precedent, by Richard J. Pierce, Jr.

by Guest Blogger — Thursday, June 7, 2018

Masterpiece Cakeshop v. Civil Rights Commission required the Supreme Court to determine the validity of an order issued by the Colorado Civil Rights Commission that required a baker to bake and sell a wedding cake to a gay couple who were exercising the right to marry that the Court conferred on them in Obergefell v. […]

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A puzzle about standing (and the Affordable Care Act).

by Nicholas Bagley — Wednesday, June 6, 2018

When you bring a federal lawsuit, you have to show that you’ve suffered an injury that the defendant has caused and that, if you prevail, the court can enter relief that will redress that injury. In assessing the sufficiency of your claim for standing, the court—in principle, at least—is supposed to assume that you’ll prevail […]

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by Bernard Bell — Tuesday, June 5, 2018

Sometimes the ship of state can be turned abruptly, but sometimes it can’t.  Even though agencies possess great budgetary flexibility, and reallocation of appropriated funds is generally an unreviewable exercise of discretion, see Lincoln v. Vigil, 508 U.S. 182 (1993), a new administration encounter constraints in discontinuing the funding of multiple-year grants made by a […]

Over at Truth on the Market: G Hurwitz on Chevron and the Politicization of Law (or, Chevron Step Three)

by Chris Walker — Monday, June 4, 2018@chris_j_walker

Over at Truth on the Market, Gus Hurwitz thoughtfully enters the debate between Philip Hamburger and me (here and here) regarding the role of Chevron deference in constraining partisanship in judicial decisionmaking. This debate builds on findings from Administrative Law’s Political Dynamics, my latest paper with Kent Barnett and Christina Boyd from our Chevron in the circuit courts dataset. […]

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Hatch-Waxman and Defective Generic Drug Labels: The Disjunction Between Federal Drug Safety Law and State Warning Defect Law (Part II)

by Bernard Bell — Monday, June 4, 2018

In an earlier post I outlined a regulatory anomaly regarding liability for defective drug labels.  Hatch-Waxman expedited entry of generics medications into the market, by relieving generic-brand manufacturers of the need to conduct further testing.  Concomitantly, the statute placed control of the contents of the drug label in the hands of the original recipient of […]

D.C. Circuit Review – Reviewed: Boo-Hoo, Daniel Epps!

by Aaron Nielson — Friday, June 1, 2018@Aaron_L_Nielson

The Supreme Court is in crisis. It is already June yet almost half of the High Court’s cases remain undecided. For the Justices to finish their work by July 1, they will have to decide “29 of 63 argued cases” this month alone. What is happening? And why? Most importantly, can the Court — nay, […]

Deregulation, Past and Present: ABA AdLaw Section Teleforum, 6/8 12PM

by Chris Walker — Friday, June 1, 2018@chris_j_walker

DEREGULATION, PAST AND PRESENT A Teleforum Sponsored by the ABA Section of Section of Administrative Law & Regulatory Practice Friday, June 8, 2018, at 12:00 PM – 1:30 PM ET Description: The present administration has seen what many consider the most dramatic effort at deregulation since Ronald Reagan took office in 1981. This teleforum considers […]

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69th Plenary Agenda (ACUS Update)

by Emily Bremer — Tuesday, May 29, 2018@emilysbremer

The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018.  If you have attended previous plenary sessions and are planning to attend this one, please note the new location!  For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School.  The agenda for the meeting […]

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