The Procedure Fetish
If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?
Versus Trump: The Shutdown Special
On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. Listen now!
Updates | The Week of January 22, 2018
The Government Accountability Office will investigate alleged fraud during the comment period on the FCC's proposed net neutrality rules. President Trump's decision to allow agencies with leftover funding to remain open during the government shutdown may have been illegal.
Updates | The Week of January 15, 2018
A federal judge denies Leandra English's motion for a preliminary injunction in the dispute over who is acting director of the Consumer Financial Protection Bureau.
Update | The Week of November 27, 2017
A federal judge denied Leandra English's request for a temporary restraining order in the fight over who is the acting director of the CFPB.
Updates | The Week of November 20, 2017
The Department of Justice will no longer offer administrative guidance, thus reducing administrative transparency. The front-runner to head the U.S. Census Bureau espouses controversial views about redistricting and elections.
Updates | The Week of October 16
The Department of Homeland Security announced that it would require federal agencies to increase security for outgoing email and website traffic. President Trump has dismantled critical portions of President Obama's accomplishments through executive action and left further action up to Congress.
Versus Trump: Suing To Stop A Shrinking Staircase
On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. Listen now!
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.
Versus Trump: Are Medicaid Work Requirements Legal?
On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!
Versus Trump: DACA's Back!
On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!
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 ...
Going to Court for Civil Servants
Protecting the civil service from purges, intimidation, or politicization is vital to a healthy democracy. That's why United to Protect Democracy has filed suit to combat a troubling pattern of bullying civil servants and trying to silence dissent.
Versus Trump: The Great Marijuana Debate
On a new episode of Versus Trump, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law by debating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement. Listen now!
President Trump's Assault on the Antiquities Act
On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.
Protecting Against Arbitrary Government
Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions
A Legal Challenge to Trump's "Religious Liberty" Executive Order
Yesterday, the Freedom from Religion Foundation (FFRF) filed a lawsuit against Donald Trump’s most recent Executive Order, “Promoting Free Speech and Religious Liberty.” While there has been muted reaction to Trump’s executive order, the FFRF complaint makes two important points that have been mostly unappreciated.
Judges Shouldn’t Have the Power to Halt Laws Nationwide
A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.
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.
Versus Trump: SABOTAGE!!
On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!
Versus Trump: Trump vs. The CFPB
On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!
Versus Trump: Trump Versus ALJs?
On this week's episode of Versus Trump, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Listen now!
Encouraging Legislative Expertise-Forcing
A promising way for Congress to check the Executive, as well as to enhance its own efficacy and public standing, is by promoting expertise in the executive branch
Versus Trump: Versus DeVos (Interview with Toby Merrill)
On this week’s episode of Versus Trump, Jason has an interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. Listen now!
Versus Trump: The Citizenship Question
On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!
Ending a Critical Obamacare Subsidy
The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.
An Airtight Opinion on Fugitive Emissions
A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.
Versus Trump: Versus Plastic Guns
On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.
Versus Trump: Updates, Y'all!
You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!
Not So Fast, Mr. President
Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.
Versus Trump: An Immigration Omnibus
On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. Listen now!
Enjoining the Contraception Rules
A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.
Versus Trump: So, What's New?
On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!
Versus Trump: N.Y. Versus Wilbur Ross
On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!
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.
Uphold the Oath
Federal employees are publicly reaffirming their loyalty, patriotism, and commitment to the Constitution.
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.
Calculating Costs and Defining Our Future
The March for Science reminded us that cutting funding to science today harms generations to come. Yet there is also another, subtler way the Trump Administration threatens to impose future costs on young people: the way in which it calculates costs themselves in cost-benefit analyses essential to our administrative state.
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.
The New Contraception Rule Is Procedurally Flawed
The Trump Department of Health and Human Services has proposed a massive expansion of the program that provides employers and exemption from providing their employees with contraceptive coverage. But they have not sought notice-and-comment on the rule, and that could be a major problem.
Versus Trump Podcast: G.G. Case + Patti Goldman
On a new episode of Versus Trump, Take Care's podcast, we discuss the status of G.G. v. Gloucester County School Board, a major case about transgender rights, and then speak with Patti Goldman of Earthjustice about an important lawsuit that her organization has filed.
The FCC's Net Neutrality Two Step
The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.
Taking the Nuclear Option Off the Table
Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in desperate need of it.
Updates | The Week of August 21, 2017
The President's control over regulatory policy raises questions about checks and balances, and makes clear the need for an independent Congressional Budget Office.
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.
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.
Updates | The Week of April 17, 2017
President Trump's deregulatory agenda begins to take shape and Professor Naomi Rao is nominated to head the Office of Information and Regulatory Affairs.
Updates | The Week of July 17, 2017
The Protect Democracy Project is seeking the release of communications it believes may reveal the administration's plans to discredit the Congressional Budget Office.
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.
Updates | The Week of July 24, 2017
The Trump administration is overselling its deregulatory achievements but key appointees that may change that are nearing confirmation.
Updates | The Week of April 24, 2017
This week, Eli Savit analyzed the Trump Administration's new formulas for cost-benefit analyses. Though President Trump has signed more executive orders than any president since FDR, many of those orders contain little substance.
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.
Updates | The Week of June 5, 2017
As appointed positions remain empty and the Trump Administration does not push rulemaking, agency regulation has ground to a near-halt.