Gray Matters

Adam White, Jace Lington, and Bennett Nuss reflect on the significant regulatory developments of 2025, focusing on under-reported stories in the administrative state. They discuss the future of the Federal Reserve, the evolving relationships between public and private entities, the impact of repealing disparate impact laws, and the diminishing role of Congress.

Notes:

• Trump Regulatory Policy: 2025 Compendium, Bridget C.E. Dooling, Notice & Comment Blog
• The Brave New World of Administrative Law, Adam White and Bennett Nuss, 2024 A Hard Look Podcast

Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of theLoper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of various deference doctrines.  

Notes:

• Vacatur as Complete Relief, Eli Nachmany, Cato Supreme Court Review 
  
  
  
• Chevron Deference Was Fun While It Lasted, Eugene Scalia, Wall Street Journal 

Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of theLoper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of various deference doctrines.  
Notes:

• Vacatur as Complete Relief, Eli Nachmany, Cato Supreme Court Review 
• Chevron Deference Was Fun While It Lasted, Eugene Scalia, Wall Street Journal 

Jace Lington chats with Vulcan Technologies CEO Tanner Jones about how his company uses AI to help agencies, lawmakers, and businesses navigate the complex world of administrative law. They discuss whether AI systems will replace the industry and government consultants who usually guide people through the layers of law, regulation, and court precedent that affect our world. 

Notes:

• Vulcan Technologies Website 
• Restoring Legislative Authority: A Balanced Approach to Agency Deference, Jonathan Wolfson and Tanner Jones Deference article 

Bennett Nuss chats with New Civil Liberties Alliance Senior Litigation Counsel John Vecchione about the tariff case pending before the Supreme Court, Learning Resources, Inc. v. Trump. They discuss the main arguments about the extent of the president’s power over tariff policy and what the court might decide.

Notes:

• Trump’s tariffs are unconstitutional—we’re suing to end them, John J. Vecchione and Andrew J. Morris 
• NCLA’s amicus brief in the Learning Resources case 
• President Donald Trump’s reply brief in the Learning Resources case 
• Prof. Chad Squitieri’s amicus brief in the Learning Resources case 
• Prof. Aditya Bamzai’s amicus brief in the Learning Resources case 
• Adam White at SCOTUSblog on the Learning Resources case 
  
  

Jace Lington chats with University of Michigan Law Professor Christopher J. Walker about how to reinvigorate Congress in light of the changing administrative law landscape. They discuss his recent article, Congress and the Shifting Sands in Administrative Law, and his ideas about how Congress can play a larger role in federal policymaking.

Notes:

• Congress and the Shifting Sands in Administrative Law, Christopher J. Walker 
• Delegation and Time, Jonathan H. Adler & Christopher J. Walker 
• Congress’s Anti-Removal Power, Aaron L. Nielson & Christopher J. Walker 
• Post-Chevron Working Group Report, Sen. Eric Schmitt (R-MO) 

Jace Lington chats with former Wisconsin Supreme Court Justice Daniel Kelly about what the Constitution says regarding who may exercise the judicial power. They discuss his new Gray Center policy brief, Jarkesy and the End of Political Adjudication, and his argument that the Supreme Court should go further and hold that the Constitution requires many trials now handled by agency adjudicators to take place in the proper forum—an Article III court. 

Notes:

• Jarkesy and the End of Political Adjudication, Daniel Kelly

Adam White and Jace Lington chat with Beau J. Baumann about his historical research into the Offices of Legislative Counsel. They discuss his forthcoming paper, Resurrecting the Trinity of Legislative Constitutionalism, and how Progressive reformers at the turn of the twentieth century built institutions to arrest congressional decline.

Notes:

Resurrecting the Trinity of Legislative Constitutionalism, Beau J. Baumann 

How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post, Gray Matters 

Jace Lington chats with Jenn Mascott about Judge Aileen Cannon's decision to dismiss the classified documents case against Donald Trump. They discuss the Appointments Clause and the broader context of the debate surrounding the special counsel investigation of the former president.

Notes:

• Judge Aileen Cannon's decision in US v. Trump
  
• Justice Thomas's concurring opinion in Trump v. US
  
• Jenn Mascott's Stanford Law Review article on the Appointments Clause
  

This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu.

Featured Speakers:

• Jonathan Adler, Case Western Reserve University School of Law
• James Copland, Senior Fellow and Director of Legal Policy, Manhattan Institute
• Donald Kochan, Antonin Scalia Law School
• Jennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State