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 ABA Section of Administrative Law and Regulatory Practice has a terrific debate coming up on the evening of June 15th between Philip Hamburger and David Vladeck, with Judge Randolph moderating. You can register here. And here are the details: “CHEVRON BIAS” AND THE ADMINSTRATIVE STATE A GREAT DEBATE Wednesday, June 15, 2016 5:00 – […]
I’m a bit late on this—my wife and I just welcomed a new baby last week, so even this little blog post is a minor miracle—but Wall Street Journal reporters Emily Glazer and Ryan Tracy have a fascinating profile of Federal Reserve Board Governor Daniel Tarullo, whom they rightly call in the article’s headline “The […]
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) […]
Here is the May 2016 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. 1. The Problem of Intra-Personal Cost by Brian D. Galle 2. The Cycles of Separation-of-Powers Jurisprudence by Aziz Z. Huq and Jon D. Michaels (Yale […]
Perhaps another circuit court has adopted this local rule too (though I’ve not yet come across it), but for tables of authorities in the D.C. Circuit, “an asterisk must be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
With several paper deadlines over the last two weeks (and next two weeks), the AdLaw Bridge Series has been a bit neglected.* But I wanted to quickly highlight a terrific article, which Jotwell has more fully reviewed. Last week over at Jotwell, Anne O’Connell reviewed FOIA, Inc. by Margaret Kwoka, which was published in the […]
I have a new piece at the New England Journal of Medicine siding with the district court on the merits of the appropriations dispute between the House of Representatives and the Obama administration. Here’s a taste:2 The problem with the administration’s argument is that, by statute, a law “may be construed to make an appropriation […]
It was only a matter of time. Last Friday, a federal judge in Washington State entered a preliminary injunction ordering the state’s Medicaid program to pay for direct-acting antivirals—think Harvoni or Sovaldi—for any beneficiary diagnosed with Hepatitis C. Like many states, Washington has a policy of refusing to supply the drugs until the disease has […]
Everyone, it seems, is waiting for the D.C. Circuit’s “net neutrality” decision. The case was argued last December and so could be decided anytime.* But it wasn’t decided this week. Although the D.C. Circuit’s only opinion this week did involve the FCC, and while it was authored by Judge Tatel, it wasn’t the big one […]
As I blogged about back in February, Duke Law Journal‘s annual administrative law symposium this year is titled Intellectual Property Exceptionalism in Administrative Law. Video of February’s live symposium is available here. It was a terrific event, and draft papers were very thought provoking. Those papers were published earlier this month, and full issue is available here. […]
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 […]
Recently, I have been writing about Chevron because that, it appears, is what stereotypical administrative law professors do. In the course of doing so, and in the course of considering justifications for Chevron doctrine, I have been thinking about Professor Henry Monaghan’s classical defense of judicial deference to administrative interpretations of law: “ Marbury and […]
The Center for the Study of the Administrative State, directed by Neomi Rao, has put together a terrific conference entitled Revisiting Judicial Deference: History, Structure, and Accountability. That’s next Thursday, 6/2, at George Mason, starting at 8:45AM. The conference is open to the public and free. Please register here. The lunch keynote will be by […]