Updates | The Week of April 10, 2017
President Trump appointed Neomi Rao, a law professor at George Mason University, as Administrator of the Office of Information and Regulatory Affairs. The administration also sought to dismiss a lawsuit challenging its "one in, two out" executive order regarding regulation.
Updates | The Week of April 3, 2017
President Trump is still slowly nominating cabinet members. He is revealing his attitude toward the administrative state through proposed budget cuts and use of the Congressional Repeal Act.
Why The Keystone XL Pipeline Permit Can Be Challenged in Court
The State Department's decision authorizing the Keystone XL pipeline raises a profound question about when courts can review agency action based in presidential power. The answer to that question has major implications for the rule of law.
What Happens Next for the ACA?
President Trump has said that “the best thing we can do politically speaking is let Obamacare explode,” and there’s a lot he can do to make that explosion a reality. Here is what you need to know about what might come next.
Updates | The Week of March 20, 2017
As President Trump leaves top advice-and-consent posts unfilled, commentators examined the American public’s complicated feelings about the federal bureaucracy and whether President Trump’s “one in, two out” regulation policy is anything more than a publicity stunt.
The Story Thus Far: Administrative Law
The Trump Administration appears eager to fight the administrative state by changing the rules of the game for regulation. Here are some useful analyses of the story thus far.
American Cognitive Dissonance
Perhaps some good may come from Trump’s ham-fisted efforts to drain the swamp: a revitalization of the bureaucracy, which renders important services to the nation.
Jared Kushner's New SWAT Team More Like Neighborhood Watch
Trump's son-in-law will lead a new office to "overhaul the federal bureaucracy." But Kushner can't wield real power without crashing into federal anti-nepotism rules. So our new government efficiency czar can't make big decisions himself. Oh, the irony ...
The Acosta Hearing & the “Deconstruction” of Federal Agencies
Hearings on President Trump's nominee for Secretary of Labor revealed little about the future of labor policy. But the hearings made crystal clear that Trump's executive orders and proposed budget threaten even popular and effective government programs.
Sherley You’re Joking
A confused and poorly reasoned decision by the U.S. Court of Appeals for the D.C. Circuit shouldn’t be read to shield agencies from judicial review whenever they happen to be following an executive order.