Ryan Hayward // 3/16/17 //
Stephen Bannon has issued a declaration of war on the administrative state. The Trump Administration appears eager to fight that battle by changing the rules of the game for regulation.
Trump’s executive order requiring that two regulations be rescinded for each new one added is analyzed at Notice & Comment by Jonathan Masur, who argues the regulation is “deeply incoherent.”
Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America filed suit against the Trump administration, claiming that Trump exceeded his constitutional authority in issuing the “2-for-1” executive order. Their complaint also alleges that the order violates the Administrative Procedure Act (Politico).
With the House of Representatives having passed a bill to eliminate Chevron deference, Michael Dorf (Dorf on Law) analyzes whether the doctrine skews conservative or liberal and concludes the latter.