Administrative Law
22 Articles
What Just Happened: Purges at the DOJ and FBI — How Do and Don’t the Civil Service Laws Apply
Expert Backgrounder on how civil service laws do or do not protect DOJ and FBI officials from retaliation.
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
Foreign Affairs Deference After Chevron
For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
Greenhouse Gaslighting: Deceptive Moderation and West Virginia v. EPA
"Big federal legislation like the Clean Air Act ... [is] the direct and fundamental product of American democracy. Unlike the major questions doctrine."
The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico
Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."
Politicizing the Civil Service: How a New Executive Order Destabilizes the U.S. Government
President Donald Trump unveiled a stunning executive order that threatens to undermine one of the most important aspects of American government: the professional civil service.…
What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower
"Delrahim, in particular, should be asked by Congress and reporters about this apparent omission in the letter he submitted to the House Judiciary Committee."
Regarding Those Marijuana Mergers: A Response to Accusers Who Question the DOJ
From 2017 to 2019 I had the distinct pleasure of serving as the Deputy Assistant Attorney General in the Antitrust Division of the Department of Justice under the leadership of…
11 Top Antitrust Experts Alarmed by Whistleblower Complaint Against A.G. Barr—and Office of Professional Responsibility’s Opinion
"I was surprised to find every one of the 11 experts was alarmed by the allegations and several were highly critical of the Office of Professional Responsibility's handling of…
Trump’s Order on Administrative Law Judges: Perhaps Insidious, Probably Harmless
A career civil service insulated from partisan retaliation has been a fixture of American government since the enactment of the Pendleton Act 135 years ago. Such a bureaucracy…