FAR From the APA: How Federal Procurement Law Is Undermining Reasoned Agency Decisionmaking
The Department of Housing and Urban Development and the Consumer Financial Protection Bureau have begun using SweetREX, an AI tool built on Google Gemini, to draft deregulation recommendations, treating the model's output as presumptively correct. This practice pits the Administrative Procedure Act’s transparency requirements against the Federal Acquisition Regulation Part 12’s fast‑track commercial procurement rules. Because SweetREX is sourced from a private contractor, agencies lack insight into its training data, raising “black‑box” concerns under the APA’s arbitrary‑and‑capricious standard. Experts argue that only the more deliberative FAR Part 15 procurement pathway can embed the necessary audit and disclosure clauses for AI used in rulemaking.
Eleventh Circuit Review—Reviewed: Deferring to the SEC
The Eleventh Circuit unanimously rejected Citadel Securities' petition to overturn the SEC’s approval of IEX’s new options exchange, which uses a 350‑microsecond speed bump to curb latency arbitrage. The court held that the SEC presented substantial evidence that latency arbitrage...
D.C. Circuit Review – Reviewed: AI in War, Historic Tribal Site, Sexual Harassment Defamation
The D.C. Circuit heard oral arguments in Anthropic PBC’s challenge to the Department of War’s use of the Supply Chain Security Act to halt the AI firm’s products after it refused to remove lethal‑autonomy and surveillance restrictions. Judges probed whether the...
Ad Law Reading Room: “The Original Role of Article III in Federal Imprisonment,” By Con Reynolds
Con Reynolds’ forthcoming University of Pennsylvania Law Review article argues that Article III courts historically played an active, interventionist role in overseeing federal prisons, contrary to the modern narrative of judicial deference. By uncovering forgotten statutes, case law, and more than...
Chiles V. Salazar: The First Amendment, Medical Malpractice Litigation and Medical Board Disciplinary Proceedings
The U.S. Supreme Court in Chiles v. Salazar (June 2026) invalidated Colorado’s ban on conversion‑therapy for minors, ruling it violated the Free Speech Clause. The decision builds on National Institute of Family and Life Advocates, extending First Amendment protection to professional...
Eleventh Circuit Review—Reviewed: Mandatory Detention
In May, the Eleventh Circuit split on the meaning of 8 U.S.C. § 1225(b)(2)(A), with a majority affirming habeas relief for two unlawfully present aliens detained without bond. The majority read “applicant for admission” differently from “seeking admission,” concluding the statute does not...
Implicit Delegation After Loper Bright: The Case for Reviving the Gray Doctrine
The Supreme Court’s *Loper Bright* decision rejected Chevron’s blanket deference but left open the possibility of limited implicit delegation to agencies. Stephenson argues that the pre‑Chevron *Gray* doctrine provides a workable framework for identifying when vague statutory terms constitute such...
Trump’s New Drug Advertising Proposals Fall Short on Public Health and the Constitution
The Trump administration’s FY 2027 budget proposes two contrasting measures: a sensible requirement that compounding pharmacies prominently disclose that their products have never been evaluated by the FDA, and a broader effort to give the FDA new authority to deem FDA‑approved...
New York Times Shadow Docket Papers Show Flimsy Foundations of the “Major Questions Doctrine” By David Doniger
The New York Times released memos showing the Supreme Court’s shadow‑docket handling of the EPA’s Clean Power Plan, revealing that the justices relied on an industry‑claimed $480 billion cost that was later proven false. EPA’s own estimate was $5‑8 billion per year...
Academic Papers Announced for the ABA Administrative Law 2026 Conference
The American Bar Association’s Administrative Law and Regulatory Practice Section will host its 2026 Spring Conference in Washington, D.C., on May 7, featuring a full day of academic paper workshops. More than 30 scholars and practitioners will present new research on...
Nominations Open — ABA Administrative Law Section Annual Award for Scholorship in Administrative Law
The American Bar Association’s Section of Administrative Law and Regulatory Practice has opened nominations for its 2025 Annual Award for Scholarship in Administrative Law. The award honors books or articles published in 2025 that demonstrate clear writing, rigorous reasoning, broad...
Accepting Applications for Separation of Powers Bootcamp in Washington, DC
The Separation of Powers Institute (SPI) at Catholic University of America is now accepting applications for its second annual Separation of Powers Bootcamp, scheduled for August 3‑5, 2026 in Washington, DC. The three‑day program targets recent law graduates—especially those slated for judicial clerkships—and...
D.C. Circuit Review—Reviewed: Press Passes, Mergers, Whistleblowers, and More
The D.C. Circuit issued rulings on five high‑profile disputes, ranging from the Pentagon’s journalist escort policy to the FCC’s pending TEGNA‑Nexstar merger review. The court stayed a district‑court injunction on the Pentagon’s press‑pass rule, declined to intervene in the FCC’s...
Eleventh Circuit Review—Reviewed: Federal Vs. State Action, Spirit Security Fees, and More
The Eleventh Circuit recently issued three notable rulings. It vacated a district‑court injunction against Florida’s “Alligator Alcatraz” detention center, finding no final federal action and that the injunction conflicted with immigration law. The court also upheld a TSA order forcing...
D.C. Circuit Review – Reviewed: Presidential Powers, Iranian Oil, and Implied Equitable Relief
The D.C. Circuit held that President Trump’s 2022 proclamation barring asylum seekers exceeded the authority granted by the Immigration and Nationality Act, affirming that Congress retains plenary power over admission and upholding a Rule 23(b)(2) class certification for affected migrants. The...