This program will
explore recent efforts to reform—and perhaps even “deconstruct”—the
administrative state. Our panelists will explore claims that the administrative
state is currently under attack, consider whether sound empirical
justifications exist for rolling back regulations, and examine some of the new
issues and actors that animate the current debate over administrative law and
regulatory reform. Topics include whether the Supreme Court and the D.C.
Circuit have issued decisions that may reflect substantive political, as
opposed to legal, disagreements; whether civil servant resistance can and
should limit executive power; whether the executive has undermined the
legitimacy of regulatory institutions with the intention or effect of calling
into question regulators’ choices; and whether the requirement in Executive Order
13771 that agencies repeal two regulations for every newly enacted regulation
whenever possible is a realistic approach to a perceived overregulation
problem. Panelists will present their recent research in these areas to open a
discussion about whether these developments are detrimental or beneficial for
administrative law and what responses might be appropriate.
The Section
held a virtual business meeting prior to the Annual Meeting.