The ever-growing administrative state is a constant threat to our Constitution’s guarantee of separation of powers.
To balance the scales, litigators are faced with the conundrum of overturning the doctrines that have allowed these bureaucrats to grow so powerful—a challenge that cannot be overcome without ending agency adjudication.
Pacific Legal Foundation has teamed up with the Cato Insitute to bring you the next installment of our quarterly litigation strategy forum, where attendees are encouraged to participate in a roundtable discussion about ending agency adjudication led by Gregory of Gibson Dunn and Peggy Little of New Civil Liberties Alliance.
Gregory and Little offer their extensive knowledge on the topic from their experience arguing Axon v. FTC and Cochran v. SEC before the Fifth Circuit. In Cochran, the Supreme Court determined that “structural” and “far-reaching” constitutional claims against agency adjudicatory regimes may be brought directly in federal court and were not implicatively precluded in the agencies’ enabling acts.
Questions we will discuss at the August 3 forum include:
- What is a “structural” constitutional claim?
- Are prudential doctrines of judicial restraint, such as “ripeness,” still a barrier to justiciability?
- Is there any litigation promise to Justice Thomas’ attack on the “appellate review model”?
- Most importantly, what’s next?
Invitees are welcome to recommend the forum to other attorneys in their respective firms who share our goals, especially if unable to attend themselves.
Don’t miss out on the opportunity to help produce solutions that will pave the way toward ending agency adjudication and restoring the separation of powers.