Gray Matters

In this first panel from the Gray Center’s May conference, moderator Christopher J. Walker (University of Michigan) speaks with Megan Brown (Wiley Rein LLP), Roman Martinez (Latham & Watkins LLP), and Maria Monaghan (U.S. Chamber Litigation Center) about what courts are doing after Chevron ’s overruling in Loper Bright . They discuss unresolved issues now playing out in lower courts, including...

In this final panel from the Gray Center’s October conference, moderator Aaron Nielsen (UT Austin) speaks with Judge Naomi Rao (D.C. Circuit) and Judge Steven Menashi (Second Circuit) about their role as judges after Loper Bright  ended Chevron  deference. Rao and Menashi describe their interpretive approaches—text-first, but attentive to context, structure, statutory purpose, and legal terms of a...

The third panel discussion from the Gray Center’s Fall 2025 conference featuring: Noah Phillips, Cravath, Swaine & Moore LLP Matt Stoller, American Economic Liberties Project Moderator: Senior Judge Douglas Ginsburg, D.C. Circuit

Jace Lington and Bennett Nuss chat with Chad Squitieri about his new paper, Congress in the Mouth of a Lawyer, which focuses on the president’s role in the lawmaking process. Prof. Squittieri discusses the constitutional role of the president in lawmaking, the importance of precise definitions of Congress, and implications for judges interpreting statutes. He explores how understanding the preside...

The second panel discussion from the Gray Center's Fall 2025 conference featuring:  Sarah Binder ,  Brookings Institution Jonathan Macey , Yale Law School Aaron Nielson , University of Texas Moderator: Adam White , C. Boyden Gray Center

The first panel discussion from the Gray Center's Fall 2025 conference featuring:  James Burnham , King Street Legal, and formerly of the U.S. Department of Government Efficiency Susan Dudley , former Administrator, White House Office of Information and Regulatory Affairs; Founder & Senior Scholar, GW Regulatory Studies Center; Distinguished Professor of Practice, Trachtenberg School of Public...

Jace Lington and Bennett Nuss chat with Caroline Cecot about how recent changes in the EPA's analytical methods affect transparency and environmental protection. She discusses the evolution of cost-benefit analysis from a deregulatory tool to a framework for safeguarding health and the environment, and how recent administrative moves might revert it to "arbitrary and capricious" territory. The con...

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 origi...

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. T...

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 addr...

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...

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...

Adam White, Jace Lington, and Bennett Nuss reflect on the significant regulatory developments of 2025, focusing on under-reported stories in the administrative state. They discuss the future of the Federal Reserve, the evolving relationships between public and private entities, the impact of repealing disparate impact laws, and the diminishing role of Congress. Notes: Trump Regulatory Policy: 2025...

Jace Lington and Bennett Nuss discuss the implications of the Loper Bright  decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of the Loper Bright  decision on prior cases decided under the Chevron  framework. They discuss the open legal questions that remain after the end of Chevron,  the role of Congress in shaping admin...

Jace Lington chats with Vulcan Technologies CEO Tanner Jones about how his company uses AI to help agencies, lawmakers, and businesses navigate the complex world of administrative law. They discuss whether AI systems will replace the industry and government consultants who usually guide people through the layers of law, regulation, and court precedent that affect our world.  Notes: Vulcan Technolo...

Bennett Nuss chats with New Civil Liberties Alliance Senior Litigation Counsel John Vecchione about the tariff case pending before the Supreme Court, Learning Resources, Inc. v. Trump . They discuss the main arguments about the extent of the president’s power over tariff policy and what the court might decide. Notes: Trump’s tariffs are unconstitutional—we’re suing to end them , John J. Vecchione ...

Jace Lington chats with University of Michigan Law Professor Christopher J. Walker about how to reinvigorate Congress in light of the changing administrative law landscape. They discuss his recent article, Congress and the Shifting Sands in Administrative Law , and his ideas about how Congress can play a larger role in federal policymaking. Notes: Congress and the Shifting Sands in Administrative...

Jace Lington chats with former Wisconsin Supreme Court Justice Daniel Kelly about what the Constitution says regarding who may exercise the judicial power. They discuss his new Gray Center policy brief, Jarkesy  and the End of Political Adjudication, and his argument that the Supreme Court should go further and hold that the Constitution requires many trials now handled by agency adjudicators to t...

Adam White and Jace Lington chat with Beau J. Baumann about his historical research into the Offices of Legislative Counsel. They discuss his forthcoming paper, Resurrecting the Trinity of Legislative Constitutionalism, and how Progressive reformers at the turn of the twentieth century built institutions to arrest congressional decline. Notes: Resurrecting the Trinity of Legislative Constitutional...

Jace Lington chats with Jenn Mascott about Judge Aileen Cannon's decision to dismiss the classified documents case against Donald Trump. They discuss the Appointments Clause and the broader context of the debate surrounding the special counsel investigation of the former president. Notes : Judge Aileen Cannon's decision in US v. Trump Justice Thomas's concurring opinion in Trump v. US Jenn Mascott...

This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu. Featured Speakers: Jonathan Adler, Case Western Reserve University Schoo...

This is a rebroadcast of the Gray Center's Federal Preemption and Environmental Regulation Webinar. We hosted this event on April 29, 2024, to discuss the issues involved in two pending cases where energy companies have asked the U.S. Supreme Court to review whether the Clean Air Act preempts attempts by Honolulu, Hawaii, to redress certain climate change-related alleged injuries.  Featured Speake...

Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts.  Notes :...

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative s...

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American ins...