The Unsettling of Notice and Comment
The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.
Administrative Deference and Regulatory Consistency
The end of deference to agency statutory interpretations will result in regulatory inconsistency.
Legislative Primacy
President Trump’s recent executive orders challenge Congress’s role in creating policy.
Judicial Constraints on Agency Action
Christopher J. Walker discusses how developments in administrative law doctrines could constrain agency action.
Court-Proofing the Administrative State
Recent Supreme Court rulings create the need to insulate administrative decisions from judicial review.
Chevron Is Dead–But Agency Deference Might Not Be
A Penn Program on Regulation panel addresses the implications of overturning the Chevron doctrine.
A Legal Earthquake
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.
The Imperial Supreme Court
Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.
The End of the Chevron Era
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
Two Neglected Effects of Loper Bright
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.
Overturning Chevron Will Not Transform Congress
Claims about the consequences of remaking Chevron deference require empirical backing.
The Supreme Court’s Self-Coronation
The U.S. Supreme Court’s current docket presents the Court with more opportunities to empower itself at the expense of other governmental institutions.