Search Results for: administrative law

A significant moment in administrative law

Featured image The Senate today voted to kill a five-year-old Obama administration “guidance” on making auto loans to minority borrowers. The House almost certainly will follow suit. The guidance, issued by the Consumer Financial Protection Bureau, took aim at a common industry practice whereby auto dealers mark up interest rates offered by finance companies. The finance companies set an interest rate based on objective criteria such as borrowers’ credit history and the »

Adventures in administrative law

Featured image I wrote about the problem of the administrative state in “A new old regime,” my review of Philip Hamburger’s audaciously great book Is Administrative Law Unlawful? (Plot spoiler: the answer is yes.) Even with a lot of help from my friends at the Claremont Institute, it took me a long time to understand the problem. Professor Hamburger expedited the process. The problem is the unconstitutionality, unwisdom, unaccountability, and lawlessness inherent »

Leftist judges turn administrative law into a sham

Featured image Harry Reid’s decision to end the judicial filibuster of nominees for U.S. courts of appeals may have paved the way for Republicans to confirm Justice Gorsuch by ending the same practice at the Supreme Court level. But that doesn’t mean Reid’s decision isn’t paying off for the left. In fact, it’s paying off with some regularity at the U.S. Court of Appeals for the District of Columbia Circuit, the second »

Is Administrative Law Unlawful? reviewed

Featured image When I set out writing about Philip Hamburger’s Is Administrative Law Unlawful?, I did so for two reasons. First, it’s the most important book I have read in a long time. Second, it’s a forbidding work of legal history that makes few concessions to the general reader. It isn’t easy reading and I thought it was at risk of being widely ignored. I do think the book was at risk »

Is Administrative Law Unlawful? Q and A with with Philip Hamburger

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government. »

Is Administrative Law Unlawful? (3)

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government. »

Is Administrative Law Unlawful? (2): July 4 edition

Featured image In advance of the holiday weekend and late in the afternoon yesterday, the Obama administration released 1,300 pages of new Obamacare regulations, adding to the more than 10,000 pages previously promulgated. This is the way we live now under the regime of the administrative state, subject to regulations dwarfing the laws duly enacted by Congress. Continuing our series of excerpts from Columbia Law School Professor Philip Hamburger’s important new book »

Is Administrative Law Unlawful? (1)

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger gave us his take on the book here. My take is that it is the most important book I have read in a long time. Professor Hamburger argues that administrative law is unlawful, unconstitutional and »

Is administrative law unlawful? A word from the author

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? It is the most important book I have read in a long time. I think this will be the first post in a series that will feature the book. Here I have invited Professor Hamburger to preview »

Adventures in administrative law

Featured image Observers commenting on the administration’s latest improvisations in Obamacare have generally relied on the cheat sheet issued by the Department of Health and Human Services this past Thursday. The cheat sheet summarizes regulations promulgated by the Department. In his Forbes column “Government takeover,” Avik Roy posts a link to the regulations (interim final rule) here. The regulations are an unusual exercise in rule by decree. Cloaked in an air of »

Adventures in administrative law

Featured image The Wall Street Journal devotes an editorial to the latest decree promulgated by Queen Seeb and the powers-that-be in the Obama administration: Late Thursday, the Health and Human Services Department suddenly released a new regulation that explains “there have been unforeseen barriers to enrollment on the exchanges.” The passive voice is necessary because the barriers are all the result of politically driven delays, the botched website and the exchanges that »

Adventures in administrative law, cont’d

Featured image FNC’s Wendell Goler asked Obama administration flack Jay Carney about the Obama administration’s suspension of the Obamacare employer mandate for one year. The Obamacare statute expressly provides a commencement date of January 1, 2014. Whence the legal authority on the part of the president to postpone it? The video of Goler’s exchange with Carney is below. Goler asks a good question, one directly raised by Michael McConnell’s Wall Street Journal »

Adventures in administrative law

Featured image Obama presents himself as detached from the events giving rise to the controversies that now beset his administration. He’s just the president. Obama has found this a useful pose in the face of the exposure of the IRS as the handmaiden of his efforts to help friends and harm enemies. He has touted the IRS as an independent agency. How can he be responsible for the shenanigans of agents that »

Lawless EEOC chair issues garbage gender guidelines

Featured image Yesterday, EEOC chair Charlotte Burrows posted a guidance document purporting to apply the Supreme Court’s decision in Bostock v. Clayton County. That decision redefined Title VII’s prohibition of discrimination because of sex to include sexual orientation and transgender status in certain contexts. Burrows issued this guidance document unilaterally. She had to, because left-liberals are a minority among EEOC commissioners. Keith Sonderling, one of the non-lefty commissioners, points out that the »

Georgetown law prof “cancelled” for saying what can’t be said

Featured image Georgetown Law School has fired a professor for noticing and commenting on the fact that Blacks make up a disproportionate number of low-performing students in her class. Another professor has been placed on administrative leave. Adjunct professor Sandra Sellers was caught on video telling adjunct prof David Batson: I hate to say this. I end up having this angst every semester that a lot of my lower ones are Blacks. »

The administrative state marches on at the Trump Department of Labor

Featured image I haven’t written much about the Department of Labor since Alex Acosta resigned as Secretary of Labor. However, in this post, written after Gene Scalia became the new Secretary, I complained that the DOL was still pursuing its specious “pay discrimination” case against Oracle. The culprit is the Department’s Office of Federal Contract Compliance Programs (OFCCP). During the Obama administration, OFCCP became a bastion of leftism. It pursued radical theories »

Administrative bloat and the attack on campus free speech

Featured image Almost since the start of Power Line in 2002, we have reported with dismay the descent of American colleges and universities into a leftist bastion of illiberalism. Most of our focus has been on professors, and not without reason. They are the ones who have degraded the teaching of humanities through their obsession with identify politics and disdain for Western Civilization. However, I came away from this year’s ATHENA Roundtable »