Lightnews — Scholar-powered news

Dan Walters @profdanwalters.bsky.social · 1h

Remarkable that just a year out from Loper Bright you have judges who were previously Chevron critics beginning opinions this way.

media.cadc.uscourts.gov/opinions/doc...

3

Dan Walters @profdanwalters.bsky.social · 20h

Passive voice... Let he who is without sin cast the first stone.

1

Dan Walters @profdanwalters.bsky.social · 20h

What's concerning is the idea that a symposium--usually reserved for serious contributions--is being used for a bad law review article. I don't think practioner perspectives should be excluded, but neither should this forum be an opp for people like Schmitt to post screeds and call it a symposium.

2 3

Dan Walters @profdanwalters.bsky.social · 20h

Good grief.

Dan Walters @profdanwalters.bsky.social · 20h

Oh good, I'm glad they'll have some legitimate takes as part of this. I truly worried this was just going to be the administrative law scholarship equivalent of astroturfing.

1 1

Dan Walters @profdanwalters.bsky.social · 21h

I know some will say this is just the reality of the world. Nothing matters anymore. Law is for suckers, etc. But this is nuts--it's DOGE getting an academic whitewash.

1 3 9

Dan Walters @profdanwalters.bsky.social · 21h

Third, I'll delighted if I'm proven wrong, but based on the general vibe of this symposium so far, I'll be shocked if there's any acknowledgment at all of the implications of Loper Bright for requiring additional regulation where that's the best reading of statutes.

papers.ssrn.com/sol3/papers....

Progressive Anti-Deference

On the surface, the overturning of Chevron deference seems like yet another win for the conservative, antiregulatory movement that has risen to power in America

papers.ssrn.com

1 2 4

Dan Walters @profdanwalters.bsky.social · 21h

Second, the posts so far are advancing arguments that don't pass the laugh test. Apparently, State Farm has never actually required that regulatory rescissions undergo arbitrary and capricious review. That was just a figment of our imaginations!

www.yalejreg.com/nc/state-far...

State Farm and Making Deregulation Make Sense, by James Burnham - Yale Journal on Regulation

This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Chevron is now in the dustbin of history, and the Senate W...

www.yalejreg.com

1 1 5

Dan Walters @profdanwalters.bsky.social · 21h

First, the inspiration for this symposium appears to be a single Senator's passion project dressed up as a majestic sounding "Post-Chevron Working Group Report." Not a book or an influential article or a case, but a glorified op-ed.

journals.law.harvard.edu/jlpp/wp-cont...

journals.law.harvard.edu

1 1 4

Dan Walters @profdanwalters.bsky.social · 21h

I've just been alerted to a "symposium" that is going on over at the Yale J on Reg Notice & Comment blog that seems designed to lend an air of legitimacy to some very extreme ideas about how admin law doesn't apply to deregulation. Surprised they're running this.

www.yalejreg.com/nc/foreword-...

4 5 9

Dan Walters @profdanwalters.bsky.social · 21h

He actually says State Farm didn't even hold that rescissions are subject to arbitrariness review, which is insane. No fair reading of that section would say the holding was entirely cabined to 15 USC § 1392(b).

1 2

Dan Walters @profdanwalters.bsky.social · 21h

WTF.

1

Dan Walters @profdanwalters.bsky.social · 1d

Very true. And there's also a lot of people who are learning about specific agencies for the first time as they increasingly make news. But I think it's worrisome that people might be following the implications of UET and melding the president with agencies in a way that undermines their base rate.

2

Reposted by Dan Walters

Andy Miller @andymiller24.bsky.social · 1d

A huge part of the problem is that we only hear from the partisan political appointees. There are many reasons why, but the vast majority of people have no idea what agency staff do and why their work is important. Michael Lewis has done a stellar job of highlighting this work, but it's rare.

Dan Walters @profdanwalters.bsky.social · 1d

We've long seen this kind of contingent partisan evaluation of other institutions, but as far as I know this is some of the first real evidence of it when it comes to administrative agencies. It makes sense: people could perhaps be forgiven for thinking that agencies just are the President.

Which agencies do Americans think are doing a good job?

Recent surveys have shown that how Republicans and Democrats view federal agencies has switched since Donald Trump became president again.

www.govexec.com

1 2

Dan Walters @profdanwalters.bsky.social · 1d

We've long seen this kind of contingent partisan evaluation of other institutions, but as far as I know this is some of the first real evidence of it when it comes to administrative agencies. It makes sense: people could perhaps be forgiven for thinking that agencies just are the President.

Which agencies do Americans think are doing a good job?

Recent surveys have shown that how Republicans and Democrats view federal agencies has switched since Donald Trump became president again.

www.govexec.com

1 4 4

Dan Walters @profdanwalters.bsky.social · 2d

I'll add that what Nelson is saying here is completely unoriginal. SCOTUS has barreled ahead with the unitary executive theory DESPITE a surfeit of evidence rebutting it, and all Nelson does here is (finally) acknowledge that fact.

Evan Bernick, a finite mode with a smol hooman and a lorg floof @evanbernick.bsky.social · 2d

please do not get excited about this, signed a law professor who wishes law professors had this much power www.rawstory.com/humphreys-ex...

'Bombshell!' Ex-clerk to Clarence Thomas sends shockwaves with Supreme Court warning

The U.S. Supreme Court seems almost certain to side with President Donald Trump in an upcoming challenge to his authority to fire government officials for any reason, but a leading conservative legal ...

www.rawstory.com

4

Dan Walters @profdanwalters.bsky.social · 2d

Somehow I missed this piece from Kate Andrias the other day, but she absolutely nails it. "Our Constitution is not dying. It is waiting — waiting for us to claim it."

Opinion | The Constitution Doesn’t Belong to Trump or the Supreme Court

www.nytimes.com

2 6

Dan Walters @profdanwalters.bsky.social · 7d

🔥

Beau Baumann 🍏 @beaubaumann.bsky.social · 7d

ICYMI, I did a blog post today at @lpeproject.bsky.social that’s really about the death of a 20 c mode of liberal/progressive politics. It’s about the need, as a first-order objective, to relegitimize the state around a representational legitimacy.

Rebuilding State Authority In A Post-Trump America

In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is…

lpeproject.org

1 4

Dan Walters @profdanwalters.bsky.social · 8d

Hmm, all that money and programming but the poor little libertarian think tanks have been sidelined. Not buying that. More likely they aren't going to say much because they care much more about tax breaks than civil rights.

1

Dan Walters @profdanwalters.bsky.social · 8d

There are plenty who aren't in government (i.e., big donors) who are part of what I'm talking about who are at least not vocally breaking from what the party is doing now.

1

Dan Walters @profdanwalters.bsky.social · 8d

I'm old enough to remember when the talk of the town was how the libertarian wing of the GOP had seen the light and was working to deconstruct the politics of the "war on crime." Don't hear much about that anymore.

1 8

Dan Walters @profdanwalters.bsky.social · 8d

Maybe I'm missing something about Danielle Allen's pitch to lean into the higher ed compact shakedown, but couldn't higher ed collaborate without the Trump admin? And so what would be the benefit of engaging Trump on his terms? Optics with Trump supporters? Are they ever going to support higher ed?

1 1 2

Dan Walters @profdanwalters.bsky.social · 12d

Our Center on the Structural Constitution, led by @crockeroncourts.bsky.social and Neil Siegel, has organized an amazing symposium with the Harvard Law Review on the politics and law of judicial review. And the best news is that you can attend online!

harvardlawreview.org/judicial-rev...

Judicial Review in Jeopardy? Symposium - Harvard Law Review

The Harvard Law Review is proud to host, in collaboration with the Center on the Structural Constitution at Texas A&M University School of Law,...

harvardlawreview.org

1 8 20

Dan Walters @profdanwalters.bsky.social · 15d

What I hear is a person who has no competence in anything other than performative grievance trying to distract us from that fact.

Aaron Rupar @atrupar.com · 15d

Hegseth: "No more dudes in dresses. No more climate change worship ... we are done with that shit."

1 4

Dan Walters @profdanwalters.bsky.social · 18d

It doesn't make much sense to draw hard distinctions between agencies and the president in this era of presidential administration. They are for all intents and purposes his agencies.

1 2