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Notice & Comment

Notice & Comment

Notice & Comment

Expected Strategies for the New Administration

As the Trump administration prepares to take over, it has revealed some of the policy changes it plans to implement. These include reducing environmental restrictions, amping up enforcement of immigration rules, and deregulating businesses.  Trump’s administration will no doubt want to implement some of these changes faster than would be possible through the notice-and-comment- process.  […]

Notice & Comment

Prior N&C Posts: Separation of Powers Restoration Act

Last week, Adrian Vermeule posted thoughts here on the Separation of Powers Restoration Act (“SOPRA”). In the words of Bill Funk, SOPRA “would amend the Administrative Procedure Act to require courts to decide de novo all questions of law, whether constitutional, statutory, or regulatory. As the House Report makes abundantly clear, the intent is to […]

Notice & Comment

Trump’s Broad Powers to Revoke Tax Regulations Issued By the Obama Administration

The IRS was actively involved in implementing various policy objectives of the Obama Administration and issued various controversial regulations, including those dealing with the Affordable Care Act. With Donald Trump soon to step into the Oval Office, one may wonder about the extent to which the Trump Administration can reverse regulations issued by the Treasury/IRS […]

Notice & Comment

It’s the taxes, stupid.

With the caveat that this is a bad week for predictions, I’d like to offer my thoughts on what might happen next to the Affordable Care Act. I suspect there’s a pretty relentless political logic that’s about to take hold. For starters, I doubt that Republicans will be able to coalesce around an alternative to Obamacare. […]

Notice & Comment

What can Trump do on day one to the Affordable Care Act?

When it comes to the ACA, the first major question facing an incoming President Trump will be whether to terminate cost-sharing payments to health plans. Already, prominent voices are calling on him to immediately cut off payments. What effect would that have? And what are his options? Under the ACA, health plans are required to […]

Notice & Comment

The first thing we do, let’s kill all the lawyers.

I write about law for a living. Over the past five years or so, I’ve committed my time and my pen to saying what the law does and doesn’t allow the president to do, even when that’s made me unpopular with my friends. I’ve pored over statutes, parsed Federal Register notices, dredged the case law, […]

Notice & Comment

Administrative Law as Prerequisite

Stepping away from research interests for a post, I thought I’d pose a teaching-related question to the bloggers and readers of Notice and Comment: for which courses that you (or others you know) teach is Administrative Law a mandatory prerequisite? After two weekends spent at conferences where I had a chance to catch up with […]

Notice & Comment

ABA AdLaw Section Releases Report to the President-Elect

The ABA Section of Administrative Law and Regulatory Practice has just released its 2016 Report to the President-Elect on Improving the Administrative Process.  In keeping with its practice in previous election years, the Section has delivered the report to the transition teams of the two major party candidates for President. I had the good fortune of working […]

Notice & Comment

Is antitrust the answer to hospital consolidation?

Ashish Jha has a new post on antitrust problems in the health-care industry: A robust literature on the benefits of competition in the health care marketplace shows that when health care markets are competitive, prices tend to be lower, quality tends to be higher, and people have more choices for care. Competition is a remarkably powerful tool […]