Articles

State of the Modern Administrative State

March 05, 2024 | By OLIVER DUNFORD

The Constitution requires the president “from time to time” to “give to the Congress Information of the State of the Union.” Today, the State of the Union address is a performative event. But as George Will likes to remind us, ’twas not always thus: President Thomas Jefferson gave his thoughts to Congress in writing— ...

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Who wins if Chevron is overturned?

March 01, 2024 | By NICOLE W.C. YEATMAN

Loper Bright Enterprises v. Raimondo—the Supreme Court case that could overturn Chevron deference and remove judicial bias toward regulatory agencies—has been called “the plan to incapacitate the federal government.”   “Chevron shields the executive branch from overly intrusive court review,” law professor Nicholas Bag ...

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National Review : States Should Jettison Chevron-Style Deference

February 22, 2024 | By ELIZABETH SLATTERY

Last month, the Supreme Court heard oral arguments in two cases striking at the heart of a legal doctrine that props up the administrative state: Chevron deference. Herring fishermen are challenging a National Marine Fisheries Service (NMFS) regulation that requires them to pay the salary of federal monitors riding on their fishing boats. In the ...

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In Corner Post, the Supreme Court will decide when federal regulations can be challenged

January 29, 2024 | By MOLLY NIXON

Taking the government to court  When the federal government takes an action that hurts you, you probably assume there is a legal remedy available—that you can challenge the government in court. And indeed, you can: Under the Administrative Procedure Act (APA) “a person suffering legal wrong because of agency action, or adversely affected o ...

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Discourse : The Constitution’s Overlooked Road Map for an Accountable Bureaucracy

January 29, 2024 | By ALISON SOMIN

The Constitution grants executive power to the president, but presidents cannot do all the work of the executive branch alone. They need subordinates to help them carry out their work: cabinet secretaries, undersecretaries and thousands of other political appointees throughout the federal government. But the Constitution also promises a government ...

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An unconstitutional agency is threatening the future of a family business devoted to child safety

January 19, 2024 | By BRITTANY HUNTER

Jamie Leach has dedicated her life to the pursuit of child safety. After receiving her Bachelor of Science degree in nursing, Jamie worked as a nurse in a pediatric intensive care unit in Ada, Oklahoma, where she lives. She later went on to combine her love of helping others with her natural proclivity toward innovation … ...

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How does a case get to the Supreme Court?

January 19, 2024 | By ELIZABETH SLATTERY

“I’ll take it all the way to the Supreme Court.” It’s far easier said than done, and it can take years for a legal battle to wind its way through the courts. When the federal government is on the other side—as it often is in Pacific Legal Foundation cases—it takes a relentless, determined attitude to … ...

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Law & Liberty : Jarkesy and Chicken Little Law Professors

January 18, 2024 | By OLIVER DUNFORD

Just about every time a case involving the administrative state heads to the Supreme Court, we’re subjected to hysterical warnings of the end of the world. A recent piece in The Atlantic might set a new standard for apocalyptic fearmongering. NYU Law Professor Noah Rosenblum frets that what he calls a garden-variety securities fraud case  ...

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Harry Potter’s Ministry of Magic can teach us a lot about agency adjudication

January 05, 2024 | By BRITTANY HUNTER

Fantasy stories delight our senses by taking us to imaginary worlds where wizards roam the earth and magic is real. Yet, in this fictional realm where readers have the pleasure of suspending reality, there are still universal truths that mirror the real world around us. The beloved Harry Potter series, for example, is ripe with … ...