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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What to Make of the Regulatory Accountablity Act’s Public Hearing Right for >$100M Rules?

by Chris Walker — Thursday, May 11, 2017@chris_j_walker

Perhaps the most controversial provisions of the Portman-Heitkamp Regulatory Accountability Act of 2017 concern the availability of a public hearing for rules that have an economic impact of $100 million or more. The legislation would amend the Administrative Procedure Act to allow interested parties to petition for a public hearing and require the agency to include […]

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 […]

Administrative Law SSRN Reading List, April 2017 Edition

by Chris Walker — Tuesday, May 9, 2017@chris_j_walker

Here is the April 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting […]

A Complete Picture of Federal Spending

by Emily Bremer — Tuesday, May 9, 2017@emilysbremer

Getting information about federal spending–a key consideration in policymaking–just got a whole lot easier.  The Digital Accountability and Transparency Act of 2014 (DATA Act) required federal agencies to use a standardized data format to report spending information.  The goal was to make the information more readily available and useful, thereby improving transparency and oversight.  The Office of […]

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Two Upcoming ABA “Admin Law” Section Events

by Aaron Nielson — Monday, May 8, 2017@Aaron_L_Nielson

The ABA Section of Administrative Law and Regulatory Practice is hosting two events that may be of interest to our readers. First, on May 18th and 19th, the Section is presenting its 13th Annual Administrative Law Institute at the Capital Hilton in Washington, D.C. Day one of this event features a half-day program entitled “Rulemaking […]

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D.C. Circuit Review – Reviewed: Postscript

by Aaron Nielson — Friday, May 5, 2017@Aaron_L_Nielson

This has been a surprisingly quiet week in the D.C. Circuit: Only one new case — and it is not especially noteworthy. Yet the D.C. Circuit’s term is winding down and there are still many cases to decide. I expected more opinions. (On the other hand, for what it is worth, last year, the first […]