The Administrative State: Latest News and Musings

The Federalist Society just held, and concluded, its 17th Annual Faculty Conference, running alongside (as always) the meeting of the American Association of Law Schools. Said events include a riveting debate between Jonathan Adler and Nick Bagley on (what else?) King v. Halbig. They further include two splendid back-to-back panels: one on “The Executive Power to Not Enforce the Law” (featuring John Harrison, Gillian Metzger, Zachary Price, and Nick Rosenkranz; moderated by Tara Grove); the other on “The Administrative State: Within the Bounds of Law?” (featuring  Philip Hamburger, Kristin Hickman, Richard Pierce, and yours truly; moderated, with Teutonic punctuality, by our very own John McGinnis).

Not at my best here, due to an awful cold. The point, in any event: when it comes to clamping down on the administrative state everything that matters is in the weeds, and every constitutional argument that’s worth a dang will be underhanded.

Comments, thoughts most welcome.