My thanks to @chrisjwalker.bsky.social and the student editors of the Yale Journal on Regulation Notice and Comment blog for publishing this short discussion of Justice Thomas’s dangerously executive-empowering dissent in Learning Resources, Inc. v. Trump.
www.yalejreg.com/nc/vesting-c...
I’m excited to participate in this symposium “Constitutional Checks and Balances Under Trump’s Second Term” on Friday!
Our panel at 1:30: Humphrey’s & Appointment/Removal:
@andreascoseriakatz.bsky.social
@kexelchabot.bsky.social
@chrisjwalker.bsky.social
www.villanova.edu/university/l...
Andrew Hammond and I contributed an article from our empirical study on Auer deference after Kisor v. Wilkie, entitled Stare Decisis and the Missing Administrability Inquiry: ssrn.com/abstract=538...
Hot off the press! @nyulawreview.bsky.social Volume 100 symposium issue: Where Does Administrative Law Go From Here?
Quick post linking to all of the terrific articles: www.yalejreg.com/nc/nyu-law-r...
My colleagues and I studied the effect on Obama nominees alone, pre- and post- Nov 2013. We find post-filibuster: faster confirmation times, higher confirmation rates, but not a big shift to appoint more liberal nominees (plotted here). www.degruyterbrill.com/document/doi...
Definitely potential for a post-filibuster effect, but not enough presidencies per party yet to really see (e.g., for Rs, impossible to untangle filibuster end from a pure Trump effect).
Would be super fascinating to try to measure the post-filibuster effect (similar to a post-Loper Bright effect in the coming years). I wouldn't be surprised if there is already or forthcoming polisci work on this @theclboyd.bsky.social
It's that time of year again! #GoBlue
It's my fourth year teaching here at Michigan Law, and my fourth big game since moving to The School Up North. We love it here in Michigan, but our football loyalties remain unchanged. 🤓
Time to re-up my favorite welcome video: youtu.be/jWCFaJ0tMfE?...
On the Gray Matters podcast, Jace Lington and I had a great conversation about Congress, separation of powers, and the future of the administrative state. Details: www.yalejreg.com/nc/gray-cent...
Attn #adlaw law geeks: Registration is OPEN for Annual ABA Administrative Law Virtual Conference (11/20-11/21): www.yalejreg.com/nc/registrat...
Terrific program this year. $25 for law students; Thursday 101 programming & Friday developments panels are a great way to do a deep #adlaw dive. 🤓
New from Professor @chrisjwalker.bsky.social in the Yale Journal on Regulation:
"Centering Proportionality in the Administrative Procedure Act"
www.yalejreg.com/nc/centering...
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Remedies in the Officer Removal Cases," by Sam Bray. Check it out! www.yalejreg.com/nc/ad-law-re...
Here's the opinion: cdn.ca9.uscourts.gov/datastore/op...
Today the Ninth Circuit denied rehearing en banc in an important immigration case. Mike Kagan and I had filed an amicus brief urging rehearing. The panel opinion had made a mess of Loper Bright.
We did get three judges dissenting, and Judge Bumatay kindly gives our brief a shoutout in his dissent:
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Loper Bright's Disingenuity," by @cary-coglianese.bsky.social and @dfroomkin.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Attn adlaw nerds: Emily Bremer's JREG Comparative Administrative Law Scholarship Corner series is terrific: www.yalejreg.com/nc/comparati...
If you're a legal scholar interested in comparative adlaw, I recommend signing up for the comp adlaw scholars listserv (link in post).
Attn law review editors: There are some excellent articles in the SSRN #adlaw reading list from last month that are apparently still looking for a home: www.yalejreg.com/nc/administr...
Over at the JREG Notice and Comment blog, Zach Price as a smart post entitled Moderating the Unitary Executive Branch in Kennedy v. Braidwood Management: www.yalejreg.com/nc/moderatin...
Attn adlaw profs to share with students: Yale Law Journal Student Essay Competition: Emerging Issues in the Executive Power www.yalejreg.com/nc/yale-law-...
Screenshot of the following text: Stare Decisis and the Missing Administrability Inquiry New York University Law Review (forthcoming 2025) U of Michigan Public Law Research Paper No. 25-004 40 Pages Posted: 7 Aug 2025 Last revised: 11 Aug 2025 Andrew Hammond Indiana University Maurer School of Law Christopher J. Walker University of Michigan Law School Date Written: August 06, 2025 Abstract Administrative law is undergoing a tremendous amount of change. Presidential administrations have abandoned long-held practices and embraced new strategies to make policy through adjudication and regulation. Meanwhile, the Supreme Court has reworked foundational principles of federal administrative law including agency independence, adjudication, and legal interpretation. What does the pace and degree of change in administrative law mean for the federal courts? We posit that some answers lie in the Supreme Court’s decision in Kisor v. Wilkie and its application in the lower courts over the last five years. In Kisor v. Wilkie, the Court was asked to reconsider its longstanding precedents concerning judicial deference to federal agencies’ interpretations of their own regulations. The result was a splintered decision that produced more questions than answers. Justice Kagan, writing for the plurality (and in parts, the Court), reaffirmed those precedents, including Auer and Seminole Rock, but also clarified and expanded the ways in which such deference should be constrained. Justice Gorsuch penned the principal opposing opinion, arguing that the Court should abandon Auer deference entirely. Chief Justice Roberts cast the deciding vote based on stare decisis, suggesting that “the
New draft on @ssrn.bsky.social: Stare Decisis and the Missing Administrability Inquiry
By Professor @chrisjwalker.bsky.social and @andrewshammond.bsky.social (@iumaurerlaw.bsky.social)
@ssrn.bsky.social: papers.ssrn.com/sol3/papers....
New to SSRN: Andrew Hammond and I have posted a draft of a symposium essay from our Kisor dataset, entitled The End of Administrative Pragmatism? This one explores how Kisor, Loper Bright, and Consumers' Research affect theories in administrative law. Link here: papers.ssrn.com/sol3/papers....
For users of the Hickman, Pierce, & Walker federal admin law textbook, @chrisjwalker.bsky.social has posted the link to our summer supplement at the Notice & Comment blog. We're working on the 5th edition. Feedback from users is always welcome.
Last week Kristin Hickman, Dick Pierce, and I finished the 2025 summer update to our federal administrative law casebook. The 5th Edition will be available next summer!
Details and link to update: www.yalejreg.com/nc/summer-20...
New to SSRN: Andrew Hammond and I have posted a draft of Stare Decisis and the Missing Administrability Inquiry: papers.ssrn.com/sol3/papers.... This is the first paper from our Kisor dataset, and it includes our findings from reviewing all lower-court decisions that invoke Kisor from 2019-2024.
Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Over at Jotwell, I review Kevin Stack's terrific article The Internal Law of Democracy: adlaw.jotwell.com/shifting-att...
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Check it out! www.yalejreg.com/nc/ad-law-re...
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "New Challenges for Federal Regulations: Executive Branch Responses," by Richard Revesz. Check it out! www.yalejreg.com/nc/ad-law-re...
