My reaction to the Supreme Court’s recent decision in Luna Torres v. Lynch has drawn informative responses from Patrick Glen, and from Asher Steinberg. The spark for this debate was the Court’s silence with regard to Chevron deference in Luna Torres, even though the case seemed to be a prototypical Chevron case. An agency, specifically […]

The fate of millions of undocumented immigrants will soon be decided by the Supreme Court in United States v. Texas . This landmark case tests the legality of the Obama administration’s immigration program known as Deferred Action for Parents of Americans (DAPA), which would grant temporary relief from removal and trigger the opportunity for work […]

A note on jurisdiction. When trying to track the Senate’s regulatory reform efforts, you have to know where to look. Whereas most APA-focused legislation in the House is referred to the Judiciary Committee, in the Senate that place is the Homeland Security and Governmental Affairs Committee (HSGAC). There’s a long and (to some of us) […]

Last June, in the wake of the Supreme Court’s decision in Mellouli v. Lynch, I wrote a brief post  responding to Chris Walker’s commentary on the Chevron deference quirk of that case. Although ostensibly concluding that the “controlled substance” ground of deportability was ambiguous and that a reasonable agency interpretation of the statute would be […]

Way back in 2005, one of the cosponsors of this blog, the Ad Law Section of the ABA, published A Guide to Judicial Review and Political Review of Federal Agencies , edited by Professors Michael Herz and John F. Duffy and featuring chapters by a murderers’ row of leading administrative law scholars. In addition to […]

This morning, the Supreme Court announced its decision in Luna Torres v. Lynch, and it’s bad news if you are a non-citizen arsonist. The Court affirmed the Second Circuit, which had affirmed the Board of Immigration Appeals (BIA) decision that Jorge Luna Torres’ New York conviction for arson is an aggravated felony, making him deportable. […]

The ABA Section of Administrative Law and Regulatory Practice Education Committee  Presents Assessing the Federal Regulatory Response to Sexual Misconduct on Campus Teleconference Thursday, April 21, 2016 11:30 am – 12:30 pm Eastern Time Five years ago this month, the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter regarding sexual violence […]

On April 6, 2016, a Request for Comment on “The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things” was published in the Federal Register. As noted in the preamble to the Notice, which was initiated by the National Telecommunications and Information Administration of the U.S. Department […]

Earlier this week, in my commentary on Texas’ brief in the DAPA case, I wrote that “In order to get a Social Security number, non-citizens must be ‘lawfully present in the United States as determined by the [Secretary].’” That’s actually not quite correct. A non-citizen must be deemed “lawfully present” to receive Social Security benefits. […]

Last month I offered some thoughts on the Obama Administration’s opening brief in United States v. Texas, the pending Supreme Court challenge to the President’s deferred action policies for unauthorized immigrants (known as DAPA and DACA). Texas has now filed its brief opposing the programs. Looking at this from the 10,000 foot level, there are […]