Ad Law Reading Room: “Vacatur Within the Appellate Model of Judicial Review,” By Emily Bremer
Emily Bremer’s forthcoming Yale Law Journal article reinterprets vacatur under the Administrative Procedure Act as an appellate determination rather than an equitable remedy. She argues that the APA’s “set aside” language was intended to fit within the statute’s broader appellate model of judicial review, countering revisionist critiques that impose modern remedial concepts on a 1946 framework. The piece offers a detailed blueprint for applying the APA’s review provisions, touching on timing, scope, and Article III boundaries. Its timing is especially salient after the Supreme Court’s *Trump v. CASA* decision on universal injunctions.
D. C. Circuit Review: Reviewed – Two Run-Of the Mill Cases and a Blockbuster en Banc Hearing
The D.C. Circuit affirmed that the IRS may disclose a taxpayer’s address to ICE under 26 U.S.C. §6103(i)(2) and ruled the IRS‑DHS memorandum of understanding a non‑binding policy statement. In a separate opinion, the court held that the FAA must independently review...
ACUS Adopts Four New Recommendations at 84th Plenary Session
The Administrative Conference of the United States (ACUS) adopted four new recommendations at its 84th plenary session. The recommendations provide best‑practice guidance on obtaining government records for agency proceedings, managing temporary rules, organizing adjudication offices, and collaborating with state, tribal,...
Vesting Clause Asymmetry in Justice Thomas’s Learning Resources Dissent
Justice Thomas’s solo dissent in *Learning Resources, Inc. v. Trump* argues that Congress’s legislative power is limited to a narrow “core” defined by the Fifth Amendment’s due‑process clause, while the remaining Article I powers are essentially presidential prerogatives. He contends that...
Administrative Law SSRN Reading List, January 2026 Edition
The Yale Journal on Regulation posted its January 2026 Administrative Law SSRN Reading List, highlighting the ten most‑downloaded recent papers from the SSRN U.S. Administrative Law eJournal. The list, compiled by editor Bill Funk with research assistant Drake Marsaly, features works...
APA Vacatur and the Complete-Relief Principle
The Supreme Court’s decision in *Trump v. CASA, Inc.* clarifies that the Administrative Procedure Act (APA) does not categorically ban vacatur, but permits it when it is the only way to provide complete relief, especially for unregulated third parties. Justice...
ABA Administrative Law Section Seeks Nominations
The ABA Administrative Law Section announced that four council member positions will become vacant beginning August 2026. Candidates must already be Section members, and those who join now will qualify for the 2027 nomination cycle. Council members serve three-year terms,...
Are Senior Executive Service Officials Officers?
In early 2025 the Trump Administration, via the Justice Department, asserted that every member of the Senior Executive Service (SES) should be treated as an "inferior officer" under the Appointments Clause. The claim challenges the long‑standing view of SES positions...
Inconsistencies and Downstream Effects in the Court’s Approaches to Slaughter and Cook, by Graham Steele
The Supreme Court is poised to decide *Trump v. Slaughter* and *Trump v. Cook*, two cases that pit the Court’s Fed‑specific removal protection against a broader challenge to agency independence. In *Cook*, the Court upheld the Federal Reserve’s unique at‑will...
D.C. Circuit Review – Reviewed: Retroactivity
The D.C. Circuit upheld FERC’s 2024 decision allowing PJM to exclude energy‑efficiency resources from future capacity auctions, finding the rule forward‑looking rather than retroactive. A dissent warned that the change undermines reliance interests for providers like Affirmed Energy. In a...
Ad Law Reading Room: “Administrative Decentralization,” By David Fontana
David Fontana’s new article examines the entrenched concentration of senior federal officials in the Washington metropolitan area and how administrative law both empowers and restricts officials located elsewhere. He outlines the historical legitimacy challenges of a centralized bureaucracy and evaluates...
Deposing the Sorcerer’s Apprentice
President Trump created the Department of Government Efficiency (DOGE) and installed Elon Musk as its temporary head. Musk announced that his team dismantled the U.S. Agency for International Development (USAID) over a weekend, prompting a lawsuit alleging violations of the...