Administrative Law & Regulation Practice Group Podcast
September 23, 2016
From the EPA to HHS to the CFPB, the volume of regulatory rulemaking and other agency actions has been a major point of controversy throughout the Obama Administration’s eight years. So it is only fitting that the Administration’s closing months should spur research on new regulations and those yet to come before the Administration’s clock strikes “midnight.” On September 22, the Federalist Society will host a teleforum to discuss these issues, with the authors of two such studies.
In “600 Major Regulations,” Sam Batkins of the American Action Forum updates the AFF’s 2015 report on the Administration’s volume of "major rules”—that is, the rules that each have a projected impact of $100 million or more annually. According to his report, the Administration’s 600 rules in 7.5 years "is 20 percent more than the previous president did in eight years,” and will "cost for more than $740 billion in regulatory burdens.”
And in “The Final Countdown: Projecting Midnight Regulations,” Sofie Miller and Daniel Pérez of George Washington University’s Regulatory Studies Center analyze the “midnight rules” that the Obama Administration might finalize in coming weeks and months, before the next President has a chance to block them. Applying new quantitative models, they forecast that an average of 72 "economically significant” rules will be published between July 2016 and January 2017, a 118% increase over the Obama Administration’s current average rate of regulation.
The Federalist Society’s Administrative Law Section is pleased to host two of the authors of these reports to discuss their findings: Sam Batkins and Sofie Miller. The discussion will be moderated by Adam White, a research fellow at the Hoover Institution.
Sam Batkins, Author, Director of Regulatory Policy, American Action Forum
Sofie Miller Senior Policy Analyst, Regulatory Studies Center, George Washington University
Moderator: Adam White, Research Fellow, The Hoover Institution
On September 8, 2016 Liberty Counsel filed its opening brief with the Ninth Circuit Court of Appeals in Mountain Right to Life v. Kamala Harris. The case is a challenge to California’s Assembly Bill 775, which requires all “licensed covered facilit(ies)” which have a “primary purpose” of “providing family program or pregnancy-related services” to tell clients on site that “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women.” The legislation was passed in response to pro-life crisis pregnancy centers, which do not mention abortion in their pregnancy counseling.
Stephen Casey, Author, President and Senior Counsel, Casey Law Office, P.C.
Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, by Daniel Horowitz, discusses the possible political repercussions of President Obama’s judicial appointments. President Obama has filled roughly 30% of the federal judicial seats in his tenure as President. In this Teleforum, Daniel Horowitz will discuss his book and how he believes the will of the people is being usurped by activist judges.
Daniel Horowitz, Author, Stolen Sovereignty: How to Stop Unelected Judges from Transforming America
Moderator: Hon. Eileen J. O'Connor, Founder, Law Office of Eileen J. O'Connor, PLLC
On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in West Virginia, et al. v. EPA, a case testing the constitutionality of the Clean Power Plan. Among two procedural peculiarities (the U.S. Supreme Court has granted a stay in the implementation of the Plan, and the D.C. Circuit Court of Appeals has, sua sponte, decided to hear the case en banc without a prior three-judge panel), the case includes myriad federalism and separation of powers issues. Our experts will discuss the primary issues in the case – the balance of power between the federal and state governments, and the separation of powers within the federal government.
David Bookbinder, Founding Member, Element VI Consulting
David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
Native Americans on reservations suffer higher rates of crime, addiction, alcoholism, and poverty than any other group of Americans. In her new book The New Trail of Tears: How Washington Is Destroying American Indians, journalist Naomi Schaefer Riley examines the dismal situation—and the rays of hope—and shows how the cycles of poverty, addiction, crime, and family breakdown are perpetuated by government policies. “Indians,” writes Riley, “have chosen civilization; now it’s time for America to make them equal Americans.” With commentary by the Goldwater Institute Vice President for Litigation, Timothy Sandefur, our Teleforum looked at the legal and political problems that plague the more than 500 reservations in North America.
Naomi Schaefer Riley, New York Post columnist, author of The New Trail of Tears: How Washington Is Destroying American Indians
Commentary by: Timothy Sandefur, Vice President for Litigation, Goldwater Institute