Get the Ricochet app

Ricochet will work fine in a browser on your mobile devices, but for the best experience please download our app.

Download on the App StoreGet it on Google Play

Become a member.

Tired of the toxicity of social media? Why not join Ricochet for just $5/month? Think of it as an online bar. Come in, have a drink, hang out, say whatever you want. But don’t badger, bully, or berate the other drinkers. That's our only rule.

Jennifer Mascott

Jennifer Mascott is an Assistant Professor of Law and Co-Executive Director of The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law and the separation of powers. Her scholarship has been cited by the Supreme Court and has been published in the Stanford Law Review, the George Washington Law Review, the BYU Law Review, the George Mason Law Review, the Cato Supreme Court Review, and the online Loyola Journal of Regulatory Compliance. The well-known Legal Theory Blog has reviewed her work as “path breaking,” and she has served as a permanent commentator at the Yale Journal of Regulation’s Notice and Comment blog. She has provided commentary on media outlets such as PBS, C-Span, CNN, MSNBC, CBSN, and Fox News and has been quoted or cited in the New York Times, the Wall Street Journal, the Associated Press, USA Today, and the National Law Journal, among other publications.

Series

No published series are attached yet.

Recent Episodes

Gray Matters
Gray Matters

Religious Liberty and the Supreme Court

Attorneys Nathan Lewin, Erin E. Murphy, Mark Rienzi, and Marc D. Stern talk about upcoming religious liberty cases before the US Supreme Court in a panel discussion moderated by former Assistant Attorney General Steven A. Engel. The panelists debate the potential impact of Supreme Court rulings in those cases in addition to whether current approaches to protecting religious liberty are adequate to navigate contemporary challenges.
Organization
The C. Boyden Gray Center for the Administrative State

April 2022

Gray Matters
Gray Matters

Religious Liberty, Government Regulation, and the Public Square

Matt Bowman of Alliance Defending Freedom, Andrea R. Lucas of the Equal Employment Opportunity Commission, and Roger T. Severino of the Ethics and Public Policy Center talk about developing policy challenges related to the free exercise of religion in a panel discussion moderated by D.C. District Court Judge Trevor N. McFadden. The panelists touch on issues like Covid-related limits on worship services, funding abortion, children being prescribed puberty-blocking drugs, vaccine mandates, and discrimination based on gender identity.
Organization
The C. Boyden Gray Center for the Administrative State

March 2022

Gray Matters
Gray Matters

‘The Pulse of the Court’: Lawsuits Against Government Officers & the February Sitting

Today, in the Gray Center's "Pulse of the Court" podcast series, Steve Engel of Dechert LLP and Jenn discuss the just-completed February oral argument sitting at the Supreme Court. They focus primarily on the final case of the sitting, Egbert v. Boule, which raises important questions about whether, and when, federal officers should be subject to monetary damages for alleged violations of constitutional rights. In Egbert, a border agent was sued in his individual capacity for his actions during an investigation of a bed-and-breakfast known as the Smugglers Inn near the U.S.-Canada border. Mr. Engel filed an amicus brief in the case on behalf of former U.S. attorneys general who addressed the separation of powers issues related to judicial implication of remedies versus congressionally enacted statutory causes of action. Prof. Mascott filed an amicus brief in her academic capacity, discussing whether historical practice within the federal system is consistent with the Bivens implied claims for monetary damages at issue in the case. On the episode, Jenn and Steve discuss lawsuits against government officers, the facts and arguments in this particular case, their amicus briefs, and the Justices' discussion at oral arguments yesterday morning. They also briefly address general themes from the February sitting, which also included consideration of the challenge to U.S. Environmental Protection Agency clean air regulations in West Virginia v. EPA. Guest: Steve Engel, Partner, Dechert LLP & former Assistant Attorney General, Office of Legal Counsel
Organization
The C. Boyden Gray Center for the Administrative State

February 2022

Gray Matters
Gray Matters

The Administrative State Goes to Court: A ‘Halftime’ Analysis of the Supreme Court’s Term

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. To discuss the current state of the Supreme Court’s constitutional and administrative law cases, and other cases that are pending on the Court’s docket — or which may soon be added to it — the Gray Center is proud to have hosted a panel discussion featuring two insightful Supreme Court advocates and the Gray Center’s co-executive directors: Deepak Gupta, Founding Principal, Gupta Wessler PLLC; Lecturer, Harvard Law School Hashim M. Mooppan, Partner, Jones Day Adam White, Co-Executive Director, The Gray Center; Senior Fellow, American Enterprise Institute Moderator: Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University; Co-Executive Director, The Gray Center
Organization
The C. Boyden Gray Center for the Administrative State

January 2022

Gray Matters
Gray Matters

The Pulse of the Court: Recap of the Supreme Court Arguments on the Vaccine-or-Testing Mandate

On Friday, the Supreme Court heard oral arguments on the legality of the Occupational Safety and Health Administration's (“OSHA”) vaccination-or-test mandate. The parties challenging the mandate contend that it is unprecedented in the breadth of its assertion of authority. On this podcast, Professor Jenn Mascott, co-director of the Gray Center, interviews Steve Lehotsky of Lehotsky Keller--the counsel of record for the business groups challenging the mandate. Mascott and Lehotsky discuss the oral arguments from Friday, including the questioning faced by Lehotsky's partner, Scott Keller, who was the first attorney to argue before the Court in 2022. Friday's argument was in an unusual posture, as it involved the parties' request that the Court stay the government's mandate, which Lehotsky and Mascott will also address. Tune in for discussion of the Justices' consideration of who, and which institution, in our federal system has the power to decide health and economic policy questions of enormous magnitude, based on the terms of a law passed by Congress more than five decades ago in 1970. This episode features Steve Lehotsky and Jenn Mascott.
Organization
The C. Boyden Gray Center for the Administrative State

November 2021

Gray Matters
Gray Matters

Evening Lecture: Justice Thomas’s Thirty-Year Legacy on the Court

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. In a special evening lecture, the inaugural “Justice Clarence Thomas First Principles Award” was presented by Ambassador C. Boyden Gray to Laurence H. Silberman, Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit. This was followed by Donald F. McGahn II’s introduction of Mitch McConnell, Senate Republican Leader, who provided Keynote Remarks. The lecture concluded with Concluding Thanks by Justice Clarence Thomas, U.S. Supreme Court. This episode features C. Boyden Gray, John G. Malcolm, Jennifer Mascott, The Honorable Mitch McConnell, The Honorable Donald F. McGahn II, The Honorable Laurence H. Silberman, and The Honorable Clarence Thomas.
Organization
The C. Boyden Gray Center for the Administrative State
Gray Matters
Gray Matters

Constitutional Liberties: First Amendment, Religion, Race, and Natural Law (Justice Thomas’s Thirty-Year Legacy on the Court)

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. This episode features Nicole Stelle Garnett, Elbert Lin, Michael W. McConnell, Adam Mortara, and The Honorable Allison Jones Rushing.
Organization
The C. Boyden Gray Center for the Administrative State

October 2021

Gray Matters
Gray Matters

The Constitutional Presidency: Two New Books (Presidential Administration in a Polarized Era)

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 fourth and final panel featured two authors of recent books on presidential power: Saikrishna Prakash, author of The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers, and John Yoo, author of Defender in Chief: Donald Trump’s Fight for Presidential Power. They were joined by University of Michigan Professor of Law Julian Mortenson. The session was moderated by the Gray Center’s Co-Executive Director Jennifer Mascott. This episode features Jennifer Mascott, Julian Mortenson, Saikrishna Prakash, and John Yoo.
Guest:
JYJohn Yoo
Organization
The C. Boyden Gray Center for the Administrative State
Gray Matters
Gray Matters

Current Issues in Presidential Administration & Executive Power

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. Brian Feinstein’s working paper, co-authored with Abby Wood of the University of Southern California Gould School of Law, is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Feinstein-Wood-Divided-Agencies.pdf Zachary Price’s working paper is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Price-Faithful-Execution-in-the-Federal-Government-and-the-Fifty-States.pdf Bijal Shah’s working paper is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Shah-The-Purpose-of-Presidential-Administration.pdf This episode features Brian D. Feinstein, Zachary S. Price, Bijal Shah, and Christopher J. Walker.
Organization
The C. Boyden Gray Center for the Administrative State
Gray Matters
Gray Matters

Conversation with D.C. Circuit Judge Neomi Rao, Hosted by Jennifer Mascott (Presidential Administration in a Polarized Era)

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. This episode features Jennifer Mascott and The Honorable Neomi Rao.
Guest:
NRNeomi Rao
Organization
The C. Boyden Gray Center for the Administrative State
Gray Matters
Gray Matters

Judge Williams on the American Constitution and Liberal Democracy (Memorial Symposium for Judge Stephen F. Williams)

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. Michael Greve’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Greve-So-Close-And-Yet-So-Far-Away.pdf Stephen Sachs’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Sachs-Law-Within-Limits.pdf Nathaniel Zelinsky’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Zelinsky-Stephen-F-Williams-on-Liberalism.pdf This episode features Michael Greve, Stephen Sachs, Adam White, and Nathaniel Zelinsky.
Organization
The C. Boyden Gray Center for the Administrative State
Gray Matters
Gray Matters

Judge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams)

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 first panel was introduced by Adam White and focused on Judge Williams’s work on administrative law and regulatory policy. It featured a panel discussion of new research papers by Ambassador C. Boyden Gray of Boyden Gray & Associates PLLC, Columbia Law School’s Thomas Merrill, and Lewis & Clark Law School’s James Huffman, which was moderated by Gray Center Co-Executive Director, Jennifer Mascott. Ambassador C. Boyden Gray’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Gray-Judge-Stephen-F-Williams-and-the-Underestimated-History-of-the-Non-Delegation-Doctrine.pdf Thomas Merrill’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Merrill-Judge-Williams-on-Administrative-Law.pdf James Huffman’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Huffman-Judge-Stephen-Williams-Environmental-Jurisprudence.pdf This episode features C. Boyden Gray, James L. Huffman, Jennifer Mascott, Thomas W. Merrill, and Adam White.
Organization
The C. Boyden Gray Center for the Administrative State

September 2021

Gray Matters
Gray Matters

A Conversation with the Center’s New Co-Executive Director, Prof. Jennifer Mascott

This summer, Professor Jennifer Mascott joined the Gray Center as its new Co-Executive Director. With school back in session, and the Center’s fall programs underway, Jenn visited the podcast for a conversation with our other Co-Executive Director, Adam White. They discussed her current research interests, her recent experience in the Justice Department, and her plans for Gray Center programs — beginning with an October 21 conference on Justice Thomas’s thirty-year legacy on the Court, details for which are available at https://administrativestate.gmu.edu/events/justice-thomas-thirty-year-legacy-on-the-court/. This episode features Jennifer Mascott and Adam White.
Organization
The C. Boyden Gray Center for the Administrative State