The Administrative State, Its Supporters and Its Discontents

The administrative state - the agencies comprising the Executive Branch of the U.S. federal government - has exploded in size and reach since 1946 when President Truman signed the Administrative Procedure Act into law. The APA has been amended a bit since then, but has it kept up with current challenges? While the Executive Branch has been growing, the other two branches of government have been changing as well. Congress has increasingly tended to delegate authority to agencies. And courts are changing their views not only of how much leeway agencies have in interpreting and applying statutes, but also of what methodology courts themselves should employ when interpreting statutes, including the APA. This panel will discuss how these changes impact the government and the governed. Featuring: Hon. Steven Bradbury, Distinguished Fellow, Executive Vice President’s Office, The Heritage Prof. Emily Bremer, Associate Professor of Law, University of Notre Dame Law School Prof. Ronald M. Levin, William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law Mr. Andrew Tutt, Senior Associate, Arnold & Porter Moderator: Hon. Steven J. Menashi, United States Court of Appeals, Second Circuit Overflow: Chinese Room