Wither / Whither the Administrative State

3 Credit Hours

In this seminar, we will start by reviewing the doctrine and theory of the administrative state created in the New Deal era and the judicial permissions and controls as they grew following the Administrative Procedure Act. We will then closely study the three cases the Court will have decided (Loper-Bright/Relentless, Jarkesy, and CFPB v CFSA) and the related nondelegation and major questions doctrines -- for their resolution, their doctrinal consequences, and their theoretical implications. Finally, we will look at the across-the-board challenges to the FTC and the SEC (and related agencies) in light of these opinions.