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.
Administrative Law
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.
DoD vs. FCC
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
Is Administrative Law Immoral?
A review of Richard Epstein's latest book: The Dubious Morality of Modern Administrative Law
Make an Anti-Union Joke, Prepare to Be Accused of an Unfair Labor Practice
The NLRB's prosecution of a conservative journalist should be worrisome.
Reviving Congressional Reauthorization
A Symposium at The Regulatory Review engages with "Delegation and Time," and the question of whether Congress is capable of addressing nondelegation concerns.
SCOTUS Denies Certiorari in Bump Stock Case (But Justice Gorsuch Blasts Lower Court's Reasoning)
A high-profile gun case actually presents meaty questions of administrative law
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
Court Concludes Ken Cuccinelli Not Lawfully Appointed Acting Director of USCIS
An important and thoughtful opinion that potentially invalidates Trump Administration refugee and asylum policies.
Could President Trump Control the CFPB After He Leaves Office? (Updated)
The Consumer Financial Protection Bureau could be completely independent of the next occupant of the White House.
The BIA Is Behaving Badly (and Judge Easterbrook Is Not Amused)
In which the Board of Immigration Appeals decides it can ignore appellate court rulings and is nearly held in contempt.
Can Courts Consider Severability Before Other Questions?
An interesting amicus brief by Professor John Harrison in Seila Law LLC v. CFPB
Ninth Circuit Dismisses Kids Climate Case for Lack of Standing (Updated)
A divided panel of the U.S. Court of Appeals for the Ninth Circuit finds the plaintiffs lack Article III standing in Juliana v. U.S.
What If a Citizenship Question Doesn't Meaningfully Reduce Census Response Rates After All?
Newly released data suggests Census analysts dramatically over-estimated the extent to which a citizenship question would discourage responses.
BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)
As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge
