Government Officials' Internet Browsing Histories Are Not Agency Records under FOIA
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
Administrative Law
Could Congress Use the Congressional Review Act to Expand Agency Authority?
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
Democrats Learn to Love the Congressional Review Act (At Least a Little Bit)
Last week, the CRA was used for the first time to repeal regulations adopted by a Republican President.
Supreme Court Declines to Consider Chevron Deference Because Government Did Not Ask It To (Updated)
An interesting administrative law tidbit in one of today's Supreme Court decisions.
Sixth Circuit Takes Bump Stock Case En Banc
What seems like a gun rights case actually presents some important questions of administrative law.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Perhaps the Shortest Standing Opinion You'll Ever Read
The Sixth Circuit made quick work of a district court opinion concluding Ohio lacked standing to sue for overdue Census data.
A Potential Way Forward for Nondelegation Concerns
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Nondelegation Doctrine Lessons from State Experience
Two recent papers examine the state experience with nondelegation.
Democrats Learn to Love the Congressional Review Act
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
Are Sunstein and Vermeule Offering a Defensive Crouch Administrativism?
My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan
When Super Deference Is Not So Super
"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review
Notice & Comment Symposium on Sunstein and Vermeule's Law & Leviathan
A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
Will Democrats Learn to Love the Congressional Review Act?
The CRA may offer Democrats a quick and easy way to repeal Trump Administration regulations, if they are willing to use it.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
Prof. Richard Pierce Responds to "Delegation and Time"
On delegation, time, and congressional capacity.
D.C. Circuit Panel Splits on Lawfulness of Federal Execution Protocol (and Whether to Enjoin It).
The court improbably concludes that the execution protocol is illegal, but does not enjoin its use
Gray Center Administrative Law Supreme Court Preview - Today
A Supreme Court Preview panel that focuses on administrative law.
Delegation and Nondelegation at the Founding
A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
Due Process for Butterflies in the D.C. Circuit
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
Supreme Court to Consider Constitutionality of Administrative Patent Judges
The Court adds an important Appointments Clause case to the docket.
A Loss for Flynn and a (Temporary?) Win for McGahn
Multiple significant opinions from the D.C. Circuit on Judge Griffith's last day.
What Happens When Trump Judges Confront Trump Administration Deregulation?
Faced with a choice between the Trump Administration and the law, these judges had no problem following the law.
DOJ Interim Final Rule Restricts Reliance on Guidance Documents
In response to a Trump Executive Order, the Justice Department seeks to diminish the import of agency guidance.
UCLR Online Symposium on Seila Law v. CFPB
A collection of essays analyzing one of the more important administrative law decisions of the October 2019 term.
D.C. Circuit Rejects FCC-Imposed Conditions on Charter-Time Warner Merger
The FCC did not even seek to defend its authority to impose the conditions.
The Even-More Headless Department of Homeland Security (Updated)
Even the Acting Secretary might not actually be an Acting Secretary.
Remembering Judge Stephen F. Williams (Updated)
On the loss of a remarkable intellect and jurist.
En Banc D.C. Circuit Concludes House Has Standing to Enforce Subpoena in Court (Updated)
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Supreme Court Refuses to Allow District Court to Halt Border Wall Construction
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
Department of Homeland Security
The Headless Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
Chamber of Commerce and Other Employer Groups File Lawsuit Challenging Trump's Employment Visa Ban
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
A Big Day for Religious Liberty at the Supreme Court
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
Supreme Court Reaffirms Traditional Severability Principles in Barr v. AAPC
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
En Banc D.C. Circuit Delivers Big Win for Landowners
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
When One Federal Agency Sues Another in Federal Court
If the U.S. Postal Service and the Postal Regulatory Commission disagree, does the case belong in federal court?
Did John Roberts Just Put an End to Remand-Without-Vacatur?
Professor Christopher Walker explores a potential wrinkle in the DACA decision.
Was the DACA Decision "Deliberately Designed for One Day and Case Only"?
Professor Zach Price on the Chief Justice Roberts' Decision in Dept. of Homeland Security v. Regents of the University of California
Supreme Court Holds Trump Administration Rescission of DACA Was "Arbitrary and Capricious" (Updated)
In what appears to be a quite narrow ruling, Chief Justice John Roberts holds that if Trump wants to get rid of DACA, he'll have to try again.
D.C. Circuit Rejects Trump Administration's Drug Price Disclosure Rule
A unanimous panel concludes the Department of Health and Human Services Lacked Statutory Authority to Impose the Rule
Court Enjoins Enforcement of "Stay Safe Ohio" Order Against Gyms
A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution
A Nondelegation Challenge to Trump's Border Wall
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
Justice Thomas Takes Aim at State Standing
In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. EPA
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
