Civil Debates About Civil Service
The White House's Office of Personnel Management issued a final rule on civil service protections and the federal workforce in April 2024.
Administrative & Regulatory Law News | Spring 2024
Volume 49, Issue 3
Inside this Issue
The Ebb, Flow, and Twilight of Presidential Removal
No matter which theory is right, it is increasingly clear that the unitary executive theory represents a legitimacy crisis for originalists and the Roberts Court.
Separation of Powers by Contract: The Role of Unions in Constraining the Twenty-First Century President
Perhaps at no time since the New Deal has there been such a powerful political movement to strip government workers of their job protections and subject them to political control.
Legitimacy and the Major Questions Doctrine
Roughly speaking, the doctrine asserts that an administrative agency may not adopt a regulation that would have vast economic and political significance unless the agency has clear congressional auth…
Supreme Court News - Spring 2024
As of late April, the Supreme Court has issued 18 non-shadow-docket opinions, several of which shed some light on general administrative law principles.
News from the Circuit
Sixth Circuit Limits Executive Authority Possessed by Commission Chairs
In Electric Power Supply Ass'n v. FERC, the Sixth Court held that the chairperson's authority does not include the ability to unilaterally request a remand of a prior order.
Fifth Circuit Panel Rejects Challenge to the Constitutionality of the Consumer Product Safety Commission's Structure
In Seila L. LLC v. Consumer Fin. Prot. Bureau, the Supreme Court explained that Congress may restrict the President's power to remove principal executive officers only for "multimember expert agencie…
News from ACUS
Recent ACUS Projects on Agency Guidance
The Administrative Conference of the United States has developed many recommendations and other resources to help agencies use guidance, develop guidance documents, and make guidance publicly availab…