RT @TheAtlantic: The Trump administration uses the language of the law as cover to claim that it is complying with court orders when in fac….

RT @RichardMRe: Legalistic Noncompliance by Daniel Deacon, Leah Litman

RT @nicholas_bagley: Quick thread. There's a fascinating -- and very rare! -- discussion of the APA's rule of prejudicial error in the Su….

Thanks to @lsolum for the "Download it while it's hot!" recommendation for "Statutory Liquidation." Do as the man says!

RT @chris_j_walker: My @UMichLaw colleague @danieltdeacon has an important new paper (@AdLawReview) on how #SCOTUS uses agency practice in….

Coming out of Twitter hibernation to post a new paper on the Supreme Court's use of agency practice to settle statutory meaning. Comments welcome!

We're back! Over at @YaleJREG Notice and Comment blog, today's Ad Law Reading Room Entry is "The Great Unsettling," by Cary Coglianese and @DanielEWalters_. Check it out!

Looking for help locating two things for my final Legislation and Regulation class of the semester: (1) a blog post or something I could easily edit down on possibilities for a post-Loper Bright future, and (2) a short explainer on the Schedule F stuff. Thanks!.

New Chevron video for this year (sound on)

Of potential interest to the @UMichLaw community! Tuesday, noon, HH 132.

Over at @YaleJREG Notice and Comment blog, today's Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by @Luke_P_Norris and Helen Hershkoff. Check it out!

And honored to share the volume with Professors Bressman and Krishnakumar, as well as what look like some great student notes. Check out all the pieces here!

Excited that my paper on Chenery II has now been published as part of the GW Law Review annual review of administrative law

Over at @YaleJREG Notice and Comment blog, today's Ad Law Reading Room entry is "Resurrecting the Trinity of Legislative Constitutionalism," by @beau_baumann. Check it out!

RT @LeahLitman: Out in the Harvard Journal of Legislation: Two Takes on Administrative Change from the Roberts Court (with @danieltdeacon).….

RT @jacobsgoldin: Black Americans get audited more, even among individuals claiming the EITC. It's because the IRS chooses who to audit bas….

(Unless the Court kicks it on the threshold issue. I have no opinion there.) 4/3.

What to do about that? One option is to read the statute somewhat creatively, but textual approaches to statutory interpretation make that more difficult. I'd expect SCOTUS to side with CA5 and say "tough," but prolly without much Loper Bright/MQD fanfare. 3/3.

To me, it's primarily interesting as a kind of "changed circumstances" case. The statutory scheme contemplates we'd actually do the Yucca Mountain thing, but we haven't. 2/.

This will be an interesting case to watch, though I'm not sure it will reveal much about the MQD or Loper Bright, as the Court could very well conclude the statute is unambiguously against the agency (though prolly won't use those words, post-Chevron). 1/.