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.

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.

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.

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.

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 fourth and final panel featured a Solicitors General discussion about advocacy in the U.S. Supreme Court, with Justice Thomas as a key influencer, over the last thirty years. It included: Noel Francisco, Partner-in-Charge of the Washington office of Jones Day and 47th Solicitor General of the United States; Paul Clement, Partner at Kirkland & Ellis and 43rd Solicitor General of the United States; Lisa Blatt, Partner and Chair of the Supreme Court and Appellate practice group of Williams & Connolly LLPm and former Assistant to the Solicitor General of the United States, and Jeffrey Wall, Sullivan & Cromwell LLP and former acting Solicitor General of the United States. It was moderated by Gray Center Co-Executive Director Jennifer Mascott.

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.

Michael Pack, President and Founder of Manifold Productions, Inc., and producer of the documentary “Created Equal: Justice Thomas in His Own Words,” sat down with Mark Paoletta of Schaerr Jaffe LLP to discuss the film, its portrayal of Justice Thomas, and its impact.

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.

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 first panel focused on the structural constitution, including the concepts of federalism and the separation of powers. It included a discussion featuring: William Pryor Jr., Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit; Edith Jones, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit; Neomi Rao, Gray Center Founder and Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit, and Thomas Hardiman, Circuit Judge of the U.S. Court of Appeals for the Third Circuit. It was moderated by John Yoo, Professor of Law at UC Berkeley School of Law.

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.

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.

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.

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.

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.

In his confirmation hearing, Chief Justice John Roberts famously analogized his role to that of an umpire, “to call balls and strikes, and not to pitch or bat.” Dean Ronald Cass argues in a new paper that in three notable decisions of the U.S. Supreme Court—Kisor v. WilkieDepartment of Commerce v. New York, and Department of Homeland Security v. Regents of University of California—Roberts also seems to be concerned by the way the crowd will perceive the call. Cass explains that these decisions depart from prior law on judicial review and create additional discretion for the courts at the expense of the other branches.

The paper was part of a Gray Center roundtable entitled “Judicial Review after Kisor.” In today’s podcast, Dean Cass joins Gray Center Co-Executive Director Adam White to discuss all three decisions and more.

On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to its lead sponsor in the Senate. If we were to redesign the APA for today’s version of the administrative state, what would it be? To mark the 75th anniversary of the APA, on June 11, 2021, the Gray Center hosted a conference gathering many of the George Mason Law Review Symposium Issue authors together at the Historic Decatur House in DC for an afternoon of conversations on this and related questions.

The second panel session, titled “The Life of the Law: What Has Happened Since 1946?” centered on papers by four Symposium Issue authors: The Honorable Ronald A. Cass, Aaron L. Nielson, Richard J. Pierce, Jr., and Stuart Shapiro. The panel session was moderated by Jennifer Mascott, Co-Executive Director of the Gray Center, who also gave opening remarks, along with Adam White. Links to the papers by this panel’s authors are available below, and the videos from the entire event as well as all Symposium Issue papers are available at https://administrativestate.gmu.edu/events/the-75th-anniversary-of-the-apa-the-george-mason-law-reviews-3rd-annual-symposium-on-administrative-law/.

On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to its lead sponsor in the Senate. If we were to redesign the APA for today’s version of the administrative state, what would it be? To mark the 75th anniversary of the APA, on June 11, 2021, the Gray Center hosted a conference gathering many of the George Mason Law Review Symposium Issue authors together at the Historic Decatur House in DC for an afternoon of conversations on this and related questions.

The first panel session, titled “Creation Stories: What Did the 79th Congress Mean to Accomplish?” focused on papers by four Symposium Issue authors: Michael S. Greve and Jeremy A. Rabkin of George Mason University’s Antonin Scalia Law School, Christopher J. Walker of the Ohio State University’s Moritz College of Law, and former ACUS Administrator, Paul R. Verkuil. The panel session was moderated by Adam White, Co-Executive Director of the Gray Center, who also gave welcoming remarks along with George Mason Law Review Symposium Editor, Carly Hviding.