The Administrative State Goes to Court: A “Halftime” Analysis of the Supreme Court’s Term

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Monday, January 31, 2022

12:00 – 1:30 p.m. ET

You can view the video recording below.

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Halfway through the Supreme Court’s term, the Justices already have issued decisions with major consequences for the administrative state — most recently, its decisions on the OSHA and HHS vaccine mandates. Next the Court will hear cases involving the breadth and limits of the EPA’s powers on climate and energy regulation. And we are awaiting the Court’s decisions in cases involving Chevron deference and New York’s administration of gun laws, among other things.

To discuss the current state of the Supreme Court’s constitutional and administrative law cases, and other cases that are pending on the Court’s docket — or which may soon be added to it — the Gray Center hosted a panel discussion featuring two insightful Supreme Court advocates and the Gray Center’s co-executive directors: 

  • Deepak Gupta, Founding Principal, Gupta Wessler PLLC; Lecturer, Harvard Law School
  • Hashim M. Mooppan, Partner, Jones Day
  • Adam White, Co-Executive Director, The Gray Center; Senior Fellow, American Enterprise Institute
  • Moderator: Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University; Co-Executive Director, The Gray Center

 

About Deepak Gupta

Deepak Gupta is the founder of Gupta Wessler PLLC, an appellate boutique in Washington, DC. He is a veteran advocate before the Supreme Court and was recently appointed by the Court to argue as an amicus in support of a judgment left undefended by the Solicitor General. He has handled cases before all thirteen federal circuits, several state supreme courts, and trial courts nationwide, and has testified multiple times before the U.S. Senate and House of Representatives. His work routinely spans a wide range of issues, including administrative law, constitutional law, class actions, and consumer and worker rights.

Deepak is also a lecturer at Harvard Law School, where he teaches a seminar on arbitration and is an instructor in the Harvard Supreme Court Litigation Clinic. Before founding his firm in 2012, Deepak was senior counsel at the Consumer Financial Protection Bureau and an attorney at Public Citizen Litigation Group. He is a member of the American Law Institute and the Administrative Conference of the United States and, among other honors, is the recipient of the Steven J. Sharpe Award for Public Service from the American Association for Justice and the President’s Award from the National Conference of Bankruptcy Judges.

About Hashim M. Mooppan

Hashim Mooppan is an experienced appellate litigator and legal strategist. A former clerk to Justice Antonin Scalia, Mr. Mooppan is a partner in the Issues & Appeals practice at Jones Day, and he previously held leadership positions in the two premier appellate offices in the U.S. Department of Justice, as Counselor to the Solicitor General and Deputy Assistant Attorney General for the Civil Appellate Staff. Mr. Mooppan has argued four cases in the U.S. Supreme Court and dozens more in the lower federal courts, including nine en banc arguments in six different circuit courts of appeals.

Mr. Mooppan has personally worked on more than 50 Supreme Court merits cases and nearly 100 court of appeals cases. He has developed a broad range of substantive experience concerning federal constitutional, statutory, and regulatory litigation, from both an offensive and defensive perspective. He has litigated many significant cases involving, among other things, the separation of powers, the Interstate Commerce Clause, the First Amendment, the Takings Clause, the Equal Protection Clause, the Administrative Procedure Act, the Affordable Care Act, the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Religious Freedom Restoration Act, and the scope of federal court jurisdiction.