First time checking this place in months. Seems like maybe it's catching on? Certainly seems better than the cesspool that is X.
Check out this amicus brief, just filed in the Loper Bright Enterprises case on Chevron deference. I'm glad to join other administrative law scholars in reminding the Court that there's nothing inconsistent between the APA and Chevron. www.theusconstitution.org/litigation/l...
This is an absolutely perfect post.
Apropos of the latest Politco exposé, this passage from the Senate Democrats' brief in Loper is really something www.supremecourt.gov/DocketPDF/22...
David Brooks just guzzling whiskey on the rocks for lunch every day makes a bit more sense of his columns.
This is a shocking admission: contesting neoliberal economic policy was "just not on our agenda." You don't have to know much about politics to know that even a good idea (which this is not) will be bad in practice without countervailing power to check it. www.theatlantic.com/ideas/archiv...
I'm excited to share some new research I've been working on with Kevin Tobia and Brian Slocum on the claims that we're seeing that the Major Questions Doctrine is just a common sense linguistic canon reflecting how an ordinary reader approaches delegating statutes. It's not. 1/6