Search Results for: administrative state

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 »

An opportunity to roll back the administrative state

Featured image Earlier this month, the Supreme Court agreed to hear a case that might well have major implications for administrative law. The case is Kisor v. Wilkie, in which a Marine seeks retroactive benefits for his PTSD. Why is this case so important? Because, as David French explains, it turns on the deference, if any, the VA’s interpretation of the word “relevant” in the applicable federal regulations should receive. French explains »

Populism and the administrative state

Featured image Steve Bannon’s days as an influential player may be over. If so, what is his legacy? It’s not the election of President Trump. This was down to Trump himself, as the president likes to remind us. Nor is Bannon’s legacy hanging tough on “Billy Bush weekend,” though at times this seems to be what he is most proud of. And his legacy is not blowing a safe Senate seat in »

Today’s News in the Administrative State

Featured image Today may go down in history as one of the crucial turning points in the reversal of the Administrative State. The Supreme Court is hearing Oil States Energy v. Greene’s Energy, where the issue of whether administrative law judges beholden to executive agencies, rather than bona fide Article III judges and juries at trial, can decide whether or not patent property rights deserve protection. The Wall Street Journal editorial page has a »

The administrative state revisited

Featured image As it wound up its 2017 National Lawyers Convention this past Saturday, the Federalist Society convened an all-star panel to discuss administrative agencies and the separation of powers. Newly minted Eleventh Circuit Judge Kevin Newsom served as the panel’s moderator. The panel of law professors included Boston University’s Gary Lawson, the author of a classic article on administrative law, and Columbia University’s Philip Hamburger, author of (in my estimation) the »

Trump vs. the administrative state (2)

Featured image The Federalist Society held its 2017 National Lawyers Convention this past Thursday through Saturday. The topic of this year’s convention was Administrative Agencies and the Regulatory State. Most of the proceedings were streamed online and uploaded to YouTube. Senator Cotton gave the opening remarks. Attorney General Sessions formally addressed the convention. The heart of the convention consisted of panel discussions offering an intellectual feast on the threat of the administrative »

Trump Versus the Administrative State

Featured image Last month I noted here and in the Los Angeles Times that the Trump Administration is conducting the most serious effort at de-regulation and true regulatory reform (as opposed to mere temporary relief) since the Reagan Administration, and in some ways superior to the Reagan efforts. (Though to be fair, many of the worst excesses of executive branch regulation have grown up since the Reagan years.) Yesterday my regulatory rabbi »

Theory and practice of the administrative state

Featured image In this sixth and final episode of the RealClearPolitics podcasts on the administrative state, Anthony Mills Tony talks with the Claremont Institute’s John Marini about the origins of the administrative state and the current political scene. A professor of political science at the University of Nevada-Reno, Professor Marini argues that centralized bureaucracy has displaced the Founding Fathers’ vision of a constitutional republic. Their discussion touches on political philosophy, the decline »

The Administrative State Declares Independence

Featured image Former Acting Attorney General Sally Yates, an Obama holdover, recently authored one of the most pernicious columns within memory in the New York Times. Her column was titled, “Protect the Justice Department From President Trump.” Yates argued, in essence, that there exists an Executive Branch that is independent of, and superior to, the President–at least as long as that Executive Branch is staffed pretty much exclusively by Democrats. This is, »

How the Administrative State Threatens Our Liberty: VIP Live, With Howard Root

Featured image The administrative state is the #1 threat to our freedom, a fact which no one knows better than our friend Howard Root. Howard was the founder and CEO of Vascular Solutions, Inc., a successful medical products company that was set up as a victim by Barack Obama’s hyper-politicized Department of Justice. For five years, Obama’s DOJ persecuted and harassed Howard and his company with bogus claims. Thankfully, Howard Root had »

How the Administrative State Threatens Our Liberty: VIP Live, With Howard Root

Featured image The administrative state is the #1 threat to our freedom, a fact which no one knows better than our friend Howard Root. Howard was the founder and CEO of Vascular Solutions, Inc., a successful medical products company that was set up as a victim by Barack Obama’s hyper-politicized Department of Justice. For five years, Obama’s DOJ persecuted and harassed Howard and his company with bogus claims. Thankfully, Howard Root had »

Understanding the administrative state

Featured image For the 20-plus years my friend Bruce Sanborn served as chairman of the Claremont Institute, we attended the annual meeting of the America Political Science Association over Labor Day weekend. At the APSA convention we attended the panels sponsored by the Claremont Institute. It was our idea of a good time. In those panels we heard a lot about “the administrative state,” frequently from Professor John Marini. Professor Marini had »

“The administrative state,” what’s that?

Featured image Last week, in a speech to CPAC, Steve Bannon declared that the Trump administration is battling for the “deconstruction of the administrative state.” CNN’s coverage of the speech appeared under the following headline: “Steve Bannon outlines his plan to ‘deconstruct’ Washington.” The Washington Post’s headline (in the paper edition) was similar. It mentioned “deconstruction” but not that which is to be deconstructed — the administrative state. In its story, CNN »

A Setback For the Administrative State

Featured image One of the Obama administration’s many instances of administrative overreach was the EPA’s “Clean Water rule,” which expanded the definition of “waters of the United States” as used in the Clean Water Act. Some say that the definition is so expansive as to give the federal agency jurisdiction over your back yard. Eighteen states sued to enjoin enforcement of the EPA’s rule, and today, a three-judge panel of the 6th »

Tales of the administrative state

Featured image We have written a lot about the administrative state and administrative law on Power Line over the past few years. Reviewing Philip Hamburger’s Is Administrative Law Unlawful? for National Review last year, I summarized just about everything I have learned about the administrative state. The review was published under the apt heading “A new old regime.” Drawing on his personal experience and observation, a reader writes to comment: As a »

The Crisis of the Administrative State, Part 6

Featured image Now this is very interesting: Federal Judge Rules SEC’s In-House Judge’s Appointment “Likely Unconstitutional” A federal judge ruled Monday that the Securities and Exchange Commission’s use of an in-house judge to preside over an insider-trading case was “likely unconstitutional,” a potential blow to the agency’s controversial use of its internal tribunal. The decision possibly creates a serious headache for the SEC, which is increasingly using its five administrative-law judges to »

The Crisis of the Administrative State, Part 5: Government as Faction

Featured image The whole point of a limited government republic with the separation of powers and other constitutional safeguards is to keep government as a neutral force between factions and interests.  (See: Madison, Federalist #10. Rinse and repeat.) But today’s administrative state—the increasingly independent fourth branch of government—has transformed government into its own special interest faction, lobbying itself on behalf of itself—increasingly in partisan ways. Case in point is a front page »