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Administrative Law

The Future of Auer Deference - Podcast

Administrative Law & Regulation Practice Group Podcast
Jeffrey Pojanowski, Christopher J. Walker, Adam J. White March 19, 2015

On March 9, 2015, in Perez v. Mortgage Bankers Association, the United States Supreme Court ruled unanimously that agencies are not required to use notice-and-comment rulemaking to significantly revise its prior "authoritative" interpretation of a regulation. But several of the Justices wrote separately to criticize sharply the doctrine of "Auer deference," under which courts give utmost deference to agencies' interpretations of regulation.

So what is the future of Auer deference, in the aftermath of Mortgage Bankers? On this teleforum, two administrative law scholars offered their views.

  • Prof. Jeffrey Pojanowski, University of Notre Dame Law School
  • Prof. Christopher J. Walker, The Ohio State University Moritz College of Law
  • Moderator: Adam J. White, Counsel, Boyden Gray & Associates

King v. Burwell - Post-Argument SCOTUScast

SCOTUScast 3-6-15 featuring Jonathan Adler
Jonathan H. Adler March 06, 2015

On March 4, 2015, the Supreme Court heard oral argument in King v. Burwell. The question in this highly anticipated case is whether the Affordable Care Act authorizes the Internal Revenue Service to offer tax credit subsidies for individuals purchasing health insurance through federal exchanges.

To discuss the case, we have Prof. Jonathan Adler who is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law.

Obamacare Back in the Supreme Court: King v. Burwell - Podcast

Administrative Law & Regulation Practice Group Podcast
Jonathan H. Adler March 04, 2015

On Wednesday, March 4, 2015 the United States Supreme Court heard oral arguments in King v. Burwell, one of the most talked-about cases of the October 2014 term. At issue is whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act. Those challenging the statute argue that tax-credit subsidies can only be legally extended to those purchasing insurance in state-run exchanges – fewer than 20 states have created such exchanges. Professor Jonathan Adler, widely regarded as one of the architects of this most recent challenge to the affordable care act, attended the oral arguments and offered his thoughts to a live Teleforum audience.

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law

Federal Trade Commissioner Maureen Ohlhausen on the FTC and Advertising Substantiation - Podcast

Corporations, Securities & Antitrust and Telecommunications & Electronic Media Practice Groups Podcast
Maureen K. Ohlhausen March 04, 2015

One of the Federal Trade Commission’s key duties is to protect consumers from deceptive advertising. The FTC does this, in part, by ensuring that advertisers can substantiate their claims. While executing this duty, the FTC generally seeks to prevent consumer harm while maximizing the amount of useful information available to consumers. Commissioner Maureen Ohlhausen believes that, in some cases over the past several years, the FTC has required a heightened level of substantiation, thereby reducing the useful information available to consumers. In a recent decision, POM Wonderful, the D.C. Circuit offered additional guidance on striking the proper balance, echoing themes that Commissioner Ohlhausen has raised in debates with her colleagues at the FTC. Commissioner Ohlhausen discussed this and other recent cases and how the FTC should address deceptive advertising in the future.

  • Hon. Maureen K. Ohlhausen, Federal Trade Commissioner

Misstep in Environmental Regulation? - Podcast

Environmental Law & Property Rights Practice Group Podcast
Theodore Hadzi-Antich January 16, 2015

The Environmental Protection Agency (EPA) is required by the 1978 Environmental Research, Development, and Demonstration Authorization Act to submit all proposed regulations to the federal Science Advisory Board (SAB) for peer review. However, in 2011 the EPA issued regulations establishing greenhouse gas emission and fuel efficiency standards both for cars and for medium- and heavy-duty vehicles (the Car Rule and the Truck Rule) without submitting either proposed rule to the SAB. On Friday, January 9, the D.C. Circuit Court of Appeals heard oral arguments in a consolidated case that will determine the legal remedy for these alleged violations of administrative procedure. Ted Hadzi-Antich of the Pacific Legal Foundation argued the case before the D.C. Circuit Court, and he discussed the case and the oral arguments on a live Teleforum conference call.

  • Theodore Hadzi-Antich, Senior Staff Attorney, Pacific Legal Foundation