Earlier this month the Michigan Law Review published Kent Barnett and my Chevron in the Circuit Courts. This is the first, largely descriptive paper from our dataset of all published Chevron decisions in the courts of appeals from 2003 through 2013. Last year Dick Pierce kindly wrote up a Jotwell review of an earlier draft of […]
Last week, a federal district court heard oral arguments in CREW v. Trump. No transcript or audio recording of those arguments is currently available, but persons who attended the hearing noted the wide range of issues discussed. (See Josh Blackman’s Blog, Slate, WSJ, and NYT). Because the litigation is at the motion to dismiss stage, […]
I hope to blog more about the faculty scholarship awards from the ABA Administrative Law Conference last week — to Adrian Vermeule for his book Law’s Abnegation and to Eloise Pasachoff for her Yale Law Journal article The President’s Budget as a Source of Agency Policy Control. But here is the Vanderbilt Law School’s press release […]
This doctrine, formerly known only to specialists, will play a large role under Trump. During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before […]
Yes, this is coming out a few weeks late. It’s been a busy month here, including a six-day trip to Vegas for my twentieth high school reunion. Jen and I decided to fly out with all four little kids, which helped me better understand the difference between a “vacation” and a “family vacation.” But September […]
In a perfect world, each edition of D.C. Circuit Review–Reviewed would have an obvious theme, some common denominator to tie the week’s events together. Sometimes it is easy to find such a theme; when more than one case invokes the Bible, it is pretty easy to know what I’ll write about. Sometimes, alas, no theme […]
Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. To prevail, the states will have to convince the court that they face irreparable injury if the payments are terminated and that they’ve got a substantial likelihood of eventually winning their lawsuit. To […]
In broad strokes, the bipartisan deal from Senators Alexander and Murray would restore cost-sharing payments through 2019 in exchange for some amendments to the rules governing ACA waivers. Now that we have the bill text, we can start to wrap our hands around the practical effects of those waiver changes. Most importantly, the bill would […]
As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]
California and 17 other states are suing the Trump administration to stop it from cutting off cost-sharing reduction (CSR) payments to health insurers under the Affordable Care Act. (Note that this is different from the strategy that Tom Baker and I proposed this past April, and that I wrote about in the Washington Post yesterday, which would involve states paying the insurers themselves […]
President Trump and the Senate got within a few days of having four vacancies on the Fed’s Board of Governors, an ignominious milestone that has never occurred in the Fed’s history. I wrote recently in the Wall Street Journal that these vacancies–whether we have four or three or two–are deeply problematic for the Fed. First, […]
That’s the headline for an op-ed of mine that ran this weekend in the Los Angeles Times. Back in 2013, the Obama administration asked Congress to appropriate the money for the cost-sharing payments. The Republican-controlled Congress refused. Concerned for the fate of its healthcare bill, the Obama administration then adopted a dubious legal theory that allowed […]
Our readers may be interested in this call for papers, with an October 31, 2017 deadline. The Wharton School of the University of Pennsylvania will host the second annual Wharton Financial Regulation Conference, sponsored by the Zicklin Center for Business Ethics Research and the Wharton Financial Institutions Center, on April 19-20, 2018. We issue a […]
The judicial review provision of the APA, 5 U.S.C. § 706, provides that “To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Many commentators focus on the way […]
Looks like a fascinating law review symposium by the Villanova Law Review (from the law school’s website): The Villanova Law Review examines fifty years of operation under the Freedom of Information Act (FOIA) with its annual Norman J. Shachoy Symposium on October 20, 2017. The symposium features a group of distinguished FOIA and transparency scholars, governmental officials, […]