A Falling Tide Reveals A Lot Of Things

J. Kennerly Davis, Jr.

If we can realign our political debates and policy analyses to focus on the flaws and failures of the progressive model of regulation, we will be much better prepared when the tide goes out the next time.

Nine Agencies Propose Regulations for Partnerships with Faith-Based and Neighborhood Organizations

On January 13, 2023, nine agencies issued a notice of proposed rulemaking (NPRM) titled “Partnerships With Faith-Based and Neighborhood Organizations” to “clarify protections for beneficiaries and potential beneficiaries receiving federally funded social services and the rights and obligations of organizations providing such services.”

Partisan Enforcement and Increasing Uncertainty at the FTC: Commissioner Wilson’s Departure and Recent FTC Administrative Actions

Elyse Dorsey

The Federal Trade Commission has amped up its administrative activity of late, portending changes in enforcement to come.

Education Department Proposes Rescinding Religious Student Group Protections and Requests Info on Campus Free Speech Regulations

Rachel Morrison

On February 22, 2023, the Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) and a request for information (RFI) relating to First Amendment religious exercise and free speech regulations for institutions of higher education.

HHS Proposes Rule Modifying Healthcare Conscience Regulations

Rachel Morrison

On January 5, 2023, the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) titled “Safeguarding the Rights of Conscience as Protected by Federal Statutes.” The 11-page NPRM is open for public comment for 60 days until Monday, March 6.

Supreme Court to Hear Two Challenges to President Biden’s Student Loan Forgiveness Program

Karen Harned

In December, the Supreme Court granted certiorari in two cases challenging the student loan forgiveness program that President Biden announced in August of last year. Biden v. Nebraska was brought by six states: Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina. Department of Education v. Brown was brought by two individuals with student loans.

Valancourt Books v. Garland

Zvi Rosen

On Oct 13, 2022, the DC Circuit Court of Appeals heard argument in a case about whether a publisher is required to deposit copies of books with the Library of Congress, even if they don’t apply for copyright registration.

SCOTUS Preview: Axon v. FTC

Svetlana Gans and Josh Zuckerman

On November 7, the Supreme Court will hear oral argument in Axon Enterprise, Inc. v. Federal Trade Commission. The case presents a narrow but vital question of administrative law. Do district courts have jurisdiction to hear “constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence?” Or must plaintiffs first raise such constitutional challenges in administrative proceedings before the FTC?

WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)

Jonathan Adler

In West Virginia v. Environmental Protection Agency, the Supreme Court correctly concluded that the Obama Administration and U.S. Court of Appeals for the D.C. Circuit embraced an overbroad understanding of the EPA’s authority under Section 7411 of the Clean Air Act. The way the Court reached that conclusion left something to be desired, however. As I discuss in my forthcoming analysis of the case for the Cato Supreme Court Review, the Court front-loaded its consideration of the major questions doctrine and failed to fully engage with the relevant statutory provisions. It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power did Congress delegate to the agency.

The Latest Energy and Environmental Regulations

Daren Bakst

Even for experts who regularly track energy and environmental regulations, it can be difficult to stay abreast of many important regulations that have been proposed or soon will be proposed across the federal government. This post is intended to help those interested in federal energy and environmental regulations. While by no means comprehensive, its focus is identifying many important rules that have been proposed and are still receiving comments (as of the date of this writing) or that will soon be proposed, that is, they are still under Office of Information and Regulatory Affairs (OIRA) EO 12866 review.