Adam chats with AEI’s Peter Wallison and John Yoo about their new book: The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine. They discuss common arguments about the nondelegation doctrine and whether the US Supreme Court is likely to start applying the doctrine to restrain administrative agencies.

Adam chats with Wharton School Assistant Professor Brian D. Feinstein about his new paper, “Submerged Independent Agencies,” co-authored with the University of Chicago Law School’s Jennifer Nou. The paper covers hundreds of examples of administrative agency officials sub-delegating rulemaking powers to civil servants who are not appointed by the president, a court of law, or a department head and surveys the constitutional implications of those arrangements.

On March 18, the Gray Center hosted the First Annual Gray Lecture on the Administrative State, an event that we hope to make a keynote of our calendar each year.

This included a panel discussion, featuring Professors John Harrison, Aaron Nielson and Aditya Bamzai, along with Gray Center Co-Executive Director Adam White. They discussed the future of “agency independence” in the aftermath of Seila Law v. CFPB (2020) and Collins v. Yellen (2021), along with the broader trajectory of the Supreme Court’s jurisprudence on appointments and removal.  Each of the professors has also authored or co-authored a new Gray Center Working Paper.

Days after the Senate Judiciary Committee finished its confirmation hearing for Judge Ketanji Brown Jackson, Richard and Adam debate whether these hearings are a tradition that has outlived its usefulness.

Last month, the Second Circuit heard oral arguments in Community Housing Improvement Program v. City of New York, a constitutional challenge to New York’s Rent Stabilization Law. The plaintiffs argue that New York’s law violates the Constitution’s Due Process and Takings Clauses. To discuss the case—and its relationship to federal administrative state issues—Adam chats with the plaintiffs’ lead counsel: Andrew Pincus, one of our era’s leading constitutional litigators.

Please join us for a conversation on the Supreme Court’s term so far, and the cases soon to be heard.

Halfway through the Supreme Court’s term, the Justices already have issued decisions with major consequences for the administrative state — most recently, its decisions on the OSHA and HHS vaccine mandates. Next the Court will hear cases involving the breadth and limits of the EPA’s powers on climate and energy regulation. And we are awaiting the Court’s decisions in cases involving Chevron deference and New York’s administration of gun laws, among other things.

Richard Epstein and Adam White discuss the Supreme Court’s recent decisions in the OSHA and HHS vaccine mandate cases. Then they pan back to a broader discussion of the Roberts Court and the administrative state, before finishing with a quick preview of the Court’s newly-granted cases on race-based college admissions.

When the Supreme Court ruled that OSHA’s Covid vaccine mandate was unlawful, Justice Gorsuch wrote separately that the Court’s decision “rightly applies the major questions doctrine.” The Major Questions Doctrine has been increasingly important in the Supreme Court and lower courts’ decisions, among judges who believe (as Gorsuch puts it) that the doctrine “ensures that the national government’s power to make the laws that govern us remains where Article I of the Constitution says it belongs—with the people’s elected representatives.” To discuss the past, present, and future of the Major Questions Doctrine, Adam White chats with Professors Gillian Metzger and Kristin Hickman.

This episode features Kristin Hickman, Gillian Metzger, and Adam White.

Louis Brandeis famously wrote that “a single courageous State may, if its citizens choose, serve as a laboratory” for government reform. Today we see many states becoming laboratories for the reform of administrative law. Last year, the Gray Center hosted a roundtable to discuss new research on administrative law in the states.

Those papers were recently released as Gray Center Working Papers, and in today’s episode Adam White chats with two of the authors: Penn State Law’s Dan Walters, on state nondelegation doctrines; and the Pacific Legal Foundation’s Daniel Ortner, on state deference doctrines.

A discussion of the Supreme Court’s recent decision regarding the Texas abortion statute becomes a debate about “standing” and other jurisdictional doctrines. Richard and Adam also discuss the late Professor Alexander Bickel—he’s one of Adam’s favorites, but Richard has some, well, disagreements.

When President Biden signed the new infrastructure law in mid-November, most attention was focused on the money it will spend, and the projects it might fund. But infrastructure expert DJ Gribbin was focused on a subtler part of the law: Title VIII’s provisions for “Federal Permitting Improvement,” which seek to streamline the infrastructure-approval process, making it more efficient and more effective. To discuss the new law, its antecedents in earlier laws and executive orders, and the road ahead (so to speak), DJ visits the show for a conversation with Adam White.

On October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks, where we discussed his jurisprudence and impact on the Court over the past three decades.

The second panel looked at the constitutional liberties of the first amendment, religion, race, and natural law, relating them to Justice Thomas’s jurisprudence. It included a discussion featuring: Allison Jones Rushing, Circuit Judge of the U.S. Court of Appeals for the Fourth Circuit; Nicole Stelle Garnett, Professor of Law at Notre Dame Law School; Elbert Lin, Partner at Hunton Andrews Kurth and former Solicitor General of West Virginia, and Michael McConnell, Professor and Director of the Constitutional Law Center at Stanford Law School. It was moderated by Adam Mortara, Lecturer in Law at University of Chicago Law School.

Richard Epstein and Adam White discuss the lawsuit challenging OSHA’s vaccine mandate, and the Fifth Circuit’s initial order against the administration. Then they turn to the Supreme Court, which just heard oral arguments on New York’s near-prohibition against keeping and bearing concealed handguns outside the home.

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions.

The third panel analyzed current issues in presidential administration and executive power. It included a discussion featuring The Wharton School of the University of Pennsylvania’s Brian Feinstein, University of California Hastings College of the Law’s Zachary Price, and Arizona State University’s Bijal Shah, which was moderated by The Ohio State University’s Christopher Walker.

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions.

D.C. Circuit Judge and Gray Center Founder Neomi Rao sat down with Gray Center Co-Executive Director Jennifer Mascott for a conversation about her career, the administrative state, and the creation of the Gray Center.

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions.

The second panel looked at Kagan’s landmark piece, “Presidential Administration,” after 20 years and its impact. It included a discussion featuring Columbia Law School’s Ashraf Ahmed, University of Minnesota’s Kristin Hickman, and Rutgers Law School’s Kathryn Kovacs, which was moderated by the Gray Center’s Co-Executive Director Adam White.

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s landmark published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions.

The first panel was introduced by Gray Center Co-Executive Director Adam White and The Ohio State University’s John W. Bricker Professor of Law, Christopher Walker, and it focused on presidential administration and political polarization. It included a discussion featuring The George Washington University Law School’s Richard Pierce, Jr., Michael Rappaport of the University of San Diego School of Law’s Center for the Study of Constitutional Originalism, and Vanderbilt University Law School’s Kevin Stack, which was moderated by the Center for Strategic and International Studies’s Melanie Marlowe.

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the conversation.

Keynote remarks for the symposium were offered by Judge Williams’s colleague, Judge Douglas Ginsburg, who was introduced by Adam White. Judge Ginsburg originally created this symposium with Professor Michael Greve and former Scalia Law School Dean Henry Butler.

Richard and Adam discuss the two biggest cases of the Court’s new term (so far), on abortion and guns, and close with some thoughts on the bigger picture.

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the conversation.

The second panel looked at Judge Williams’s contributions in areas related to the American Constitution and liberal democracy. It featured a panel discussion of new research papers by Antonin Scalia Law School’s Michael Greve, Harvard Law School’s Stephen Sachs, and Nathaniel Zelinsky of Hogan Lovells LLP, and was moderated by Gray Center Co-Executive Director Adam White.