The President-elect already seems quite likely to be re-elected, if the screeching disarray of his enemies is any guide. It is therefore not too early to indulge in speculation about the course of administrative law in the Age of Trump. I’ll outline two different futures that seem thinkable to me — not only logically possible, […]
Yesterday, I discussed why the Fed’s political power is something that both it and the Trump Administration should consider in the coming confrontations that one can expect between them. Today, I want to focus on the Fed’s legal strategy by resurrecting statutorily permissible but largely discarded patterns of Fed governance that could require Trump to […]
This blog post is one in a series of posts discussing the 2016 Report to the President-Elect that American Bar Association’s Section of Administrative Law and Regulatory Practice issued shortly before the presidential election. In this post, I will discuss the recommendation that the President ensures that all agency guidance documents are made available online […]
As noted, next week will be the ABA Section on Administrative Law & Regulatory Practice’s annual administrative law conference. Yet one conference is not nearly enough to contain all of admin law. That is why there also will be another conference going on next week, this one at the Center for the Study of the […]
If you are in Washington, D.C. next week, you should attend the ABA Section on Administrative Law & Regulatory Practice’s annual administrative law conference. It will be on December 8 and 9th. The relevant information can be found at this link. I went last year and it was a lot of fun — if “fun” […]
[This post is drawn in part from a forthcoming policy brief co-authored with Simon Johnson] Last week, I said that we should not expect the Trump-Republican coalition to have the same hawkish posture toward monetary policy that we saw within the Republican coalition during its anti-Obama years from 2009-2017. There are coalitional tactics and there […]
In the ABA Administrative Law Section’s Report to the President-Elect, one finds a rather familiar recommendation: that the agencies undertake “careful, in-depth retrospective review of existing rules.” I call this a “familiar” recommendation, because President-elect Trump’s predecessor called for such a retrospective review in his own Administration. In early 2011, after the mid-term elections, President Obama […]
$8.3 billion and counting. (For background, see here.) The risk corridor program runs from 2014 through this year, and the balance for the 2016 plan year won’t be calculated until next fall. But the federal government has just released figures for 2015, and they’re eye-popping. Insurers are owed $5.9 billion (h/t Charles Gaba) on top […]
One of the distinguishing features of the Obama administration’s approach to national security threats has been the priority given to infectious diseases. Clinton and George W. Bush established their own programs devoted in substantial measure to HIV/AIDS but the Obama administration, from 2009, dedicated far more of its security planning resources to outbreaks of infectious […]
There are no D.C. Circuit opinions this week, but even so, we live in interesting times — especially in the world of administrative law. Right now, President-elect Trump is putting together his slate of cabinet nominees, Congress is paying close attention to the Congressional Review Act, and Chief Judge Garland is preparing to return to […]
Proposals for regulatory reform featured prominently in the run-up to the 2016 election and will likely continue to receive very close attention in the new administration. As Emily Bremer highlighted in her introduction to this symposium, the American Bar Association’s Section of Administrative Law and Regulatory Practice prepared a report for both presidential candidates in […]
A Trump administration is unlikely to be supportive of three of the four recommendations relating to adjudication in the Report to the President-Elect by the ABA Section on Administrative Law and Regulatory Practice. Considering these recommendations (though not in the order they were presented in the ABA’s letter): 1) The Ad Law Section urged the […]
This year’s ABA Administrative Law Conference was already going to be an amazing event — an absolute must-attend conference for adlaw nerds, scholars, and practitioners. But with the election surprise and change in presidential administration (plus a Congress controlled by the same party as the President-Elect), the topics being covered at the conference take on […]
The Administrative Conference has released the agenda for its 66th Annual Plenary Session, which will be held on Tuesday, December 13 (from 1:00 pm to 5:30 pm) and Wednesday, December 14 (from 9:00 am to 12:00 pm). Proposed recommendations on four subjects will be under consideration. From the Federal Register notice on public inspection today: Social […]
I am also pleased to contribute to this symposium on the Section of Administrative Law and Regulatory Practice’s 2016 Report to the President-Elect. My assignment? Regulatory cooperation between the United States and other countries. I strongly support such cooperation — well, at least most of the time. To begin, this is what the Report has […]