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2 weeks ago | 
theregreview.org | Richard Pierce
The Trump Administration will struggle to convince courts to uphold the repeal of many agency rules. In my contribution to The Regulatory Review’s recent series on President Donald J. Trump’s first 100 days in office, I raised many questions that I could not answer about his unprecedented use of direct presidential actions. We will have to wait until the courts address those issues in the scores of cases that are now pending.
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1 month ago | 
regulatorystudies.columbian.gwu.edu | Richard Pierce
Originally published by The Regulatory ReviewPresident Donald J. Trump has engaged in direct exercises of presidential power to a much greater extent than any past President.
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1 month ago | 
theregreview.org | Richard Pierce
Myriad questions surround the role of Congress and the Supreme Court in checking presidential power. President Donald J. Trump has engaged in direct exercises of presidential power to a much greater extent than any past President.
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2 months ago | 
theregreview.org | Richard Pierce
The Supreme Court offers a robust vision of hard look review in a polarized political climate. The U.S. Supreme Court unanimously upheld this month one of hundreds of U.S. Food and Drug Administration (FDA) denials of applications to market millions of types of flavored e-cigarettes. To its credit, the Court decided FDA v.
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2 months ago | 
theregreview.org | Richard Pierce
Party-based primaries inhibit the legislative branch. I am cautiously optimistic that the judicial branch of government will save us from President Donald J. Trump’s assault on our constitutional democracy. President Trump regularly violates numerous statutes as well as the Due Process Clause and the First Amendment of the U.S. Constitution.
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Feb 19, 2025 | 
theregreview.org | Richard Pierce
The Trump Administration may challenge the American Bar Association’s role in accrediting law schools. On February 14, the new chair of the Federal Trade Commission, Andrew N. Ferguson, announced that political appointees employed by the Commission can no longer be members of the American Bar Association (ABA) and that the Commission will no longer support any employee’s membership in the ABA. The ABA’s position on many major issues is inconsistent with the agenda of the Trump Administration.
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Jan 30, 2025 | 
theregreview.org | Richard Pierce
Legal questions raised in the first weeks of the Trump Administration may require the Supreme Court to make difficult decisions quickly. Is the U.S. Supreme Court’s landmark decision in Humphrey’s Executor v. United States still good law? If so, President Donald J. Trump’s removal of a National Labor Relations Board (NLRB) member without cause is unconstitutional. Is birthright citizenship protected by the 14th Amendment?
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Dec 8, 2024 | 
theregreview.org | Richard Pierce
United States v. Eaton serves as the constitutional basis for thousands of executive branch decisions. Recently, I had lunch with some of the most experienced administrative law scholars in the country. I wanted to discuss United States v. Eaton. They had never heard of the case. I expressed surprise because it is the sole basis for the constitutional validity of tens of thousands of important decisions made by the executive branch every year.
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Oct 24, 2024 | 
pymnts.com | Richard Pierce
Professor Pierce summarizes the four major administrative law decisions that the Supreme Court issued at the end of its 2023-2024 Term and predicts their effects. By Richard J. Pierce, Jr.[1]I. IntroductionDuring the last week of its 2023-24 Term, the Supreme Court issued four opinions that will have major effects on the power of Federal agencies. I will summarize each of the four opinions, their likely effects on most agencies, and their likely effects on the FTC. II. Loper Bright Enterpr...
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Jul 15, 2024 | 
yalejreg.com | Richard Pierce
Many people, including Supreme Court Justices, have expressed concern about flip flopping by the Solicitor General (SG), i.e., arguing in support of a position that is inconsistent with the position that the government took in the past. In The Solicitor General, Consistency and Credibility, forthcoming in the Notre Dame Law Review, Professors Margaret Lemos and Deborah Widiss have helped us understand this phenomenon by engaging in an empirical study of flip flopping.
