Gray Matters

The third panel discussion from the Gray Center’s Fall 2025 conference featuring:

• Noah Phillips, Cravath, Swaine & Moore LLP
• Matt Stoller, American Economic Liberties Project
  
  
  
• Moderator:
  Senior Judge Douglas Ginsburg, D.C. Circuit

Jace Lington and Bennett Nuss chat with Chad Squitieri about his new paper, Congress in the Mouth of a Lawyer, which focuses on the president’s role in the lawmaking process. Prof. Squittieri discusses the constitutional role of the president in lawmaking, the importance of precise definitions of Congress, and implications for judges interpreting statutes. He explores how understanding the president's involvement influences legal doctrines and the separation of powers.

The second panel discussion from the Gray Center's Fall 2025 conference featuring: 

• Sarah Binder, Brookings Institution
• Jonathan Macey, Yale Law School
• Aaron Nielson, University of Texas
  
  
• Moderator:
  Adam White, C. Boyden Gray Center

The first panel discussion from the Gray Center's Fall 2025 conference featuring: 

• James Burnham, King Street Legal, and formerly of the U.S. Department of Government Efficiency
  
• Susan Dudley, former Administrator, White House Office of Information and Regulatory Affairs; Founder & Senior Scholar, GW Regulatory Studies Center; Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration
  
• Lisa Heinzerling, Georgetown University Law Center
  
• Moderator: Mene Ukueberuwa, Wall Street Journal
  

Jace Lington and Bennett Nuss chat with Caroline Cecot about how recent changes in the EPA's analytical methods affect transparency and environmental protection. She discusses the evolution of cost-benefit analysis from a deregulatory tool to a framework for safeguarding health and the environment, and how recent administrative moves might revert it to "arbitrary and capricious" territory. The conversation delves into critical questions about regulatory decision-making, the role of Congress, and the impact of transparency on public trust.

Notes:

• Benefit-Cost Analysis Under Threat, Caroline Cecot, The Regulatory Review 
• Rethinking Health-Based Environmental Standards, Michael Livermore and Richard Revesz, New York University Law Review 
• Deregulatory Cost-Benefit Analysis and Regulatory Stability, Caroline Cecot, Duke Law Journal 
• EPA Turbine Rule, January 2026 

Jace Lington and Bennett Nuss chat with Adam White about the recent Supreme Court case, exploring the nuances of statutory interpretation, the major questions doctrine, and the implications for executive and legislative powers. The Gray Center team analyzes the court's opinions, historical context, and future legal debates.

Notes:

• Learning Resources, Inc. v. Trump
• Michael D. Ramsey making an originalist defense of the Major Questions Doctrine
• John Ehrett's article at The American Mind about the New Right and the Major Questions Doctrine
• Adam White on the Court's approach to presidential power
• John Eastman on the tariff as an exercise of foreign policy

Jace Lington and Bennett Nuss chat with Patrick A. McLaughlin about The Nondelegation Project at the Pacific Legal Foundation, which analyzes compliance with the nondelegation doctrine using AI and machine learning. He highlights the significant number of regulatory restrictions in the CFR, the role of vague statutes, and the importance of judicial doctrines like the intelligible principle test. The discussion also touches on the project's implications for legislative reform, state-level applications, and the challenges of data collection.

Notes:

• The Nondelegation Project 
• Introduction to the Nondelegation Project, Patrick A. McLaughlin and Mitchell Scacchi 
• RegData project 
• 26 U.S. Code § 7805 (Rules and regulations) 
• 26 U.S. Code § 42 (Low-income housing credit) 
• Harmonizing Delegation and Deference After Loper Bright, Kristin E. Hickman and Amy J. Wildermuth 
• The Virginia Model: How the Commonwealth Build a Best-In-Class Regulatory System, Reeve T. Bull and Patrick A. McLaughlin 

Jace Lington chats with Reeve Bull about his experiences running Virginia’s Office of Regulatory Management. Bull discusses Virginia's recent regulatory reform efforts, highlighting the successful streamlining of regulations and the significant savings achieved. He emphasizes the importance of transparency in the permitting process and the need to balance regulation with economic growth. Bull addresses criticisms of deregulation, particularly concerning health and safety, and explains how Virginia's approach has focused on maintaining essential protections while reducing unnecessary burdens. The conversation also explores the integration of AI in regulatory processes and the importance of considering the impacts on local governments and small businesses.

Notes:

• The Virginia Model: How the Commonwealth Build a Best-In-Class Regulatory System, Reeve T. Bull and Patrick A. McLaughlin 
  
• Virginia’s New Approach to Regulatory Analysis, 2023 Gray Matters Episode with Andrew Wheeler and Reeve Bull 
  

Jace Lington and Bennett Nuss chat with Hillsdale College Professor Ronald J. Pestritto about his recent article tracing the rise of the administrative state and the revolution it wrought in the federal government. Pestritto explores the evolution of the administrative state, tracing its roots back to the Progressive Era and the shift from a government based on consent to one grounded in expertise. He argues that this transformation has led to a significant disconnect between elected officials and the bureaucratic agencies that wield substantial power without direct accountability to the electorate. The conversation delves into the implications of this shift, particularly in the context of the Trump administration's attempts to rein in the administrative state and the ongoing debates surrounding judicial oversight and legislative responsibility.

Notes:

• Government By the Unelected: How It Happened, and How It Might Be Tamed, Ronald J. Pestritto 
• The Original Progressives Are No Guide for Today's Conservatives, Ronald J. Pestritto

Jace Lington and Bennett Nuss chat with Notre Dame Law Professor Jeffery Pojanowski about his forthcoming paper, “Faces of Formalism.” The paper explores the complexities of formalism in legal interpretation, discussing its two faces: authority and method. They delve into concrete examples, such as Gorsuch's application of textualism in the Bostock case, and examine the tensions that arise between these two aspects. Pojanowski offers some ideas about how to look for authoritative answers while respecting rules meant to limit judicial discretion.

Notes:

• Faces of Formalism, Jefferey Pojanowski
• Neoclassical Administrative Law, Jeffrey Pojanowski