Gray Matters

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