Gray Matters

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 president's involvement influences legal doctrines and the separation of powers.

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 EfficiencySusan 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 Policy & Public AdministrationLisa Heinzerling, Georgetown University Law CenterModerator: Mene Ukueberuwa, Wall Street Journal

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. TrumpMichael D. Ramsey making an originalist defense of the Major Questions DoctrineJohn Ehrett's article at The American Mind about the New Right and the Major Questions DoctrineAdam White on the Court's approach to presidential powerJohn Eastman on the tariff as an exercise of foreign policy

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 addresses criticisms of deregulation, particularly concerning health and safety, and explains how Virginia's approach has focused on maintaining essential protections while reducing unnecessary burdens. The conversation also explores the integration of AI in regulatory processes and the importance of considering the impacts on local governments and small businesses.Notes:The Virginia Model: How the Commonwealth Build a Best-In-Class Regulatory System, Reeve T. Bull and Patrick A. McLaughlin Virginia’s New Approach to Regulatory Analysis, 2023 Gray Matters Episode with Andrew Wheeler and Reeve Bull

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 these two aspects. Pojanowski offers some ideas about how to look for authoritative answers while respecting rules meant to limit judicial discretion.Notes:Faces of Formalism, Jefferey PojanowskiNeoclassical Administrative Law, Jeffrey Pojanowski

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 theLoper 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 administrative law, and the future of various deference doctrines. Notes:Vacatur as Complete Relief, Eli Nachmany, Cato Supreme Court Review Chevron Deference Was Fun While It Lasted, Eugene Scalia, Wall Street Journal

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 and Andrew J. Morris NCLA’s amicus brief in the Learning Resources case President Donald Trump’s reply brief in the Learning Resources case Prof. Chad Squitieri’s amicus brief in the Learning Resources case Prof. Aditya Bamzai’s amicus brief in the Learning Resources case Adam White at SCOTUSblog on the Learning Resources case

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 take place in the proper forum—an Article III court. Notes:Jarkesy and the End of Political Adjudication, Daniel Kelly

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. TrumpJustice Thomas's concurring opinion in Trump v. USJenn Mascott's Stanford Law Review article on the Appointments Clause

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 Speakers:Jonathan Adler, Case Western Reserve University School of LawRichard Epstein, New York UniversityEdmund LaCour, Solicitor General of AlabamaJennifer Mascott, C. Boyden Gray Center for the Study of the Administrative StateAdam White, C. Boyden Gray Center for the Study of the Administrative State Notes:Video of the Webinar

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 state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster.Notes:Video of the Webinar

Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation.Notes:Disney v. Democracy? A Public Choice and Good Governance Analysis of Florida’s Reedy Creek Improvement Act of 1967 and Its Resulting Regime, Donald J. Kochan

Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable.Notes:An Originalist Defense of the Major Questions Doctrine, Michael D. Ramsey The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill The Ghosts of Chevron Present and Future, Gary S. Lawson Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman The Major Answers Doctrine, Lisa Heinzerling The New Purpose and Intent in Major Questions Cases, Anita S. Krishnakumar The Major Questions Doctrine: Unfounded, Unbounded, and Confounded, Ronald M. Levin The Minor Questions Doctrine, Aaron L. Nielson The Major Questions Doctrine Outside Chevron‘s Domain, Adam R.F. Gustafson