Prof. Mascott Moderated & Hosted “Judicial Remedies in Administrative Law,” ABA National Administrative Law Conference

Professor Jennifer Mascott moderated and hosted a panel discussion on judicial remedies in administrative law as part of the ABA’s 2023 Administrative Law Conference.

The panel addressed judicial remedies in administrative law such as nationwide injunctions and vacatur and the proper implementation and use of these remedies under the Administrative Procedure Act.

The panel examined empirically driven questions such as the frequency of the issuance of broad-based remedies in administrative appeals before the federal judiciary. And the panel addressed any particular constitutional, legal, or practical questions raised by the granting of nationwide injunctions versus vacatur or a narrower “set[ting] aside” of agency actions or findings.

The panel addressed the likelihood that the Supreme Court would take up the question of the proper role for nationwide injunctions in the near term.

Panelists:

• Nicholas Bagley, Professor of Law, University of Michigan Law School, Ann Arbor, MI
• Samuel L. Bray, John N. Mathews Professor of Law, Notre Dame Law School, Notre Dame, IN
• Jennifer B. Dickey, Deputy Chief Counsel, Chamber Litigation Center, Charlotte, NC
• Michael T. Morley, Sheila M. McDevitt Professor of Law, Florida State College of Law, Tallahassee, FL