Philip Hamburger Maurice & Hilda Friedman Professor of Law, Columbia Law School “Whither Chevron?1 For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it.2 It was inevitable that someone would stand up in defense of that doctrine, and I am glad…

Written by Peggy Little Justice Kagan’s succinct opinion in Lucia v. SEC sent shockwaves through the secretive world of administrative law judging and will have wide-ranging effects. And, it has a surprise ending ordering a retrial: “And we add today one thing more.  That official cannot be…(Cameron) Elliot, even if he has by now received…

“Every book that Columbia law professor Philip Hamburger writes changes discourse on a subject. The author of Separation of Church and State, Law and Judicial Duty, and the award-winning and Supreme Court cited Is Administrative Law Unlawful? now turns his inquisitive mind to the liberal mind. He joins us to discuss his latest book Liberal Suppression. Click…

Written by Michael P. DeGrandis  In the 1996 cinematic comedy Mars Attacks, Martians destroy Congress, prompting President James Dale (played by Jack Nicholson) to reassure the country by saying, “I want the people to know that they still have two out of three branches of government working for them — and that ain’t bad!” The administrative…

Written by Caleb Kruckenberg “After decades of unchecked expansion of the administrative state, Washington finally has recognized that it has a problem. The current administration has made an earnest commitment to regulatory reform as a matter of policy. But to achieve reform beyond the whims of the current administration, now is the time to embrace more permanent limitations.”…

NCLA has taken a hard look at the rumored top contenders to replace Justice Kennedy, using exclusively the criterion of which judge is most likely to adhere to the Constitution’s constraints on the administrative state. Click here to read complete document.