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Previewing the Supreme Courts and Circuits: Regulation and Administrative Law in the Courts

September 25, 2018

The Hoover Institution hosted “Regulation in the Courts: Previewing the Year Ahead in the Supreme Court and Circuits” on Tuesday, September 25, 2018 from 4:00pm – 5:15pm EST.

As the Trump Administration’s agencies finalize new regulations and reform or repeal old ones, what can we expect in the courts?

The Supreme Court and the Circuit Courts of Appeals already have issued significant decisions on questions of immigration policy, energy and environmental regulation, financial regulation, health-care regulation, and other issues. But they will likely hear even more of these cases in the year ahead.

At the same time, various judges are calling for reconsideration of doctrines such as “Chevron deference” – that is, judicial deference to agencies’ legal interpretations. Indeed, President Trump’s nominee to the Supreme Court, Judge Brett Kavanaugh, has been a leading voice on such matters.

– Aditya Bamzai, Associate Professor of Law, University of Virginia School of Law

– Jennifer Mascott, Assistant Professor of Law and Faculty Director of the Supreme Court and Administrative Law Clinics at George Mason University’s Antonin Scalia Law School

– Aaron Nielson, Associate Professor of Law, BYU Law School

– Kendall Turner, Supreme Court and Appellate Litigator

The discussion was moderated by Adam White, research fellow at the Hoover Institution and director of the The C. Boyden Gray Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School.


September 25, 2018