Will the Affordable Care Act Die by Non-Enforcement?
U.S. cities file suit to force the Trump Administration to keep Obamacare alive.
Supreme Court to Review Notice Requirements for Medicare Payment Rules
Court’s ruling could determine the procedure for changing hospital reimbursement formulas.
Asylum and the Abuse of Administrative Law
The Trump Administration violated administrative procedure to overhaul asylum policy.
Warren’s Bill Presents Progressive Vision for Rulemaking Reform
Recent bill would boost public participation and reduce capture in the regulatory process.
The National Injunction and the Administrative Procedure Act
Critics of national injunctions should not stretch the meaning of key words in the APA.
The Ambiguity in Judge Kavanaugh’s Chevron Critique
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Kavanaugh and the Deference Doctrines
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.
Negotiated Rulemaking and the Borrower Defense Regulation
“Do-over” of Obama-era rule shines a spotlight on alternative to notice-and-comment rulemaking.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
Challenging the Anti-Regulatory Narrative
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Laying Down the Law on Rule Delays
Recent judicial decisions help clarify the legality of rule freezes after a change in administration.
Headless Agency Adjudication at the Patent Office
Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.