Gray Matters

In this panel discussion, moderator Aaron Nielson (University of Texas at Austin) speaks with Michael Buschbacher (Boyden Gray PLLC), Matt Gregory (Gibson Dunn & Crutcher LLP), and Stephanie Maloney (U.S. Chamber Litigation Center) about legal remedies and the state of strategic litigation against agencies.

Show notes:  
YouTube version

Sign up for email updates from the Gray Center here

Oklahoma Secretary of Energy and Environment Jeff Starling and the Fulcrum Foundation’s Reeve Bull discuss a new regulatory reform pilot project in Oklahoma. They share how Oklahoma is using AI to reform regulatory processes, reduce costs, and improve efficiency in government. 
 
Show notes:  
Reeve T. Bull, “Oklahoma is Leading the Way on AI-Powered Regulatory and Permitting Reform”

Jace Lington and Bennett Nuss talk with NCLA President and Chief Legal Officer Mark Chenoweth about the evolving landscape of injunctions in the legal system, particularly in light of recent cases likeTrump v. CASA. They explore the definition and function of injunctions, the surge of nationwide injunctions during the Trump administration, and the implications of forum shopping in legal proceedings. The conversation also delves into the role of the Administrative Procedure Act in judicial review and the strategic maneuvers of agencies to circumvent judicial oversight.

Check out NCLA's latest cases here

"The Truth of Erasure: Universal Remedies for Universal Agency Actions," by T. Elliot Gaiser, Mathura Sridharan, and Nicholas Cordova

"Nationwide Injunctions' Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure," Ronald A. Cass

"How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?" Richard J. Pierce, Jr.

Adam White, Jace Lington, and Bennett Nuss analyze the recent Supreme Court decisions in Trump v. Slaughter and Trump v. Cook, focusing on the implications for executive power, administrative agency independence, and the future of administrative law.

Adam White in SCOTUSblog

Aditya Bamzai & Aaron Nielson on the Fed and Article II at The Cornell Law Review

Adam White hosts Chief Judge Susan G. Braden (Ret.) to discuss the Supreme Court’s decision in Trump v. Slaughter, which held the Federal Trade Commission’s statutory independence unconstitutional and explicitly overruled Humphrey’s Executor. Braden argues the ruling will ripple across administrative law by treating agencies with authority to file lawsuits on behalf of the United States as executive agencies subject to presidential control, and by limiting “independent” agencies to advisory roles.

Sign up for email updates from the Gray Center here
Judge Braden's paper on the future of the FTC
Adam White's analysis of Slaughter and Cook in SCOTUSblog