That’s the headline to an article of mine, co-authored with Sam Bray of Notre Dame Law School and published today in The Atlantic. We highlight the disquieting possibility that a single district court in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire […]
Since Attorney General Sessions delivered his speech last week at the Federalist Society’s National Student Convention, there has been a lot of talk about nationwide injunctions—injunctions that prohibit the government from enforcing a law against anyone, as opposed to only against a particular plaintiff. While many people have talked about granting these injunctions, one thing that I […]
Two weeks ago, the Supreme Court issued two major decisions concerning judicial review of federal agency regulations. Already, plenty of ink has been spilled praising and deriding the decisions. But to understand whether the decisions should make you gleeful or panicked, it is important to understand both their limits and their breadth. In Loper Bright Enterprises […]
Thank you for your wonderful support in making the 2023 Administrative Law Section Fall Conference another great success. We conducted a Qualtrics survey of all attendees and speakers at the 2023 Conference, and results indicated a majority preference for a Virtual Conference in 2024. As a result, we are planning to again hold a virtual […]
The Notre Dame Law Review hosts an annual symposium on Federal Courts, Practice & Procedure, and this year’s symposium was on the History of the APA & Judicial Review. The event was held in January 2023 at Notre Dame Law School and the print volume, which has just been published, offers a terrific set of […]
Thank you for your wonderful support in making the 2022 Administrative Law Fall Conference another great success. We conducted a Qualtrics survey of all attendees and speakers at the 2022 Conference, and results indicated a majority preference for a Virtual Conference in 2023. As a result, we are planning to hold a virtual conference on […]
The mad dash to the end of the semester this month has resulted in me just barely posting the SSRN reading list before the month turns over to May. But this looks like a terrific group of papers from March. Three more papers on the major questions doctrine (of course), and also two papers from […]
I’ve got a new article up at The Atlantic using the mifepristone case to tee off on both nationwide injunctions and their evil twin, “universal vacatur” under the Administrative Procedure Act. The arguments about nationwide injunctions are by this point familiar, though I still think it’s under-appreciated the extent to which they have always been […]
In a recent post on this blog, Jonathan Adler has written an imaginative contribution to the currently lively controversy over the propriety of nationwide injunctions. Other prominent scholars have expressed interest in his argument for curtailing these injunctions. In this post, I will briefly explain why I agree with Adler’s policy position up to a […]
During oral argument in Department of Education v. Brown, the second case concerning the Biden Administration’s student loan forgiveness plan, the question arose whether it is proper for a single district or circuit court to impose a nationwide injunction against a federal policy where doing so is not necessary to provide complete relief to the […]
It was bound to happen, wasn’t it? On December 8, 2017, my co-blogger Aaron Nielson reported in D.C. Circuit Review – Reviewed on a speech given by Judge Randolph at the Center for the Study of the Administrative State. Last week Judge Randolph cited Aaron’s post for the first-ever D.C. Circuit citation to D.C. Circuit […]
As I first noted on the blog seven years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading […]
The annual ABA Administrative Law Conference is my favorite conference each year, and this year’s lineup is once again excellent. Unfortunately, we will be fully online/virtual again, but the upside is that it will be more accessible to those nationwide and the online platform allows you to watch the panels you couldn’t catch live for […]
Two summers ago I shared some quick reactions to Sam Bray’s argument that the Administrative Procedure Act (APA) does not support nationwide injunctions to set aside an agency’s final rule. In that post, I expressed preliminary skepticism, based on the text and structure of the APA: “a final rule is an ‘agency action’ under the […]
It is often said that the D.C. Circuit is the nation’s second most important court — a topic I’ve addressed before. But if so (and it is very debatable), what does that make the United States District Court for the District of Columbia? Is the “DDC,” by operation of the transitive property, somehow the most […]