Some Congressional Review Act (CRA) news for your Friday: the 118th Congress has now introduced CRA resolutions (in the House and/or Senate) addressing 40 rules put forward under the Biden Admin - Check the American Action Forum CRA tracker for more details americanactionforum.org/insight/cra-tr…

We're likely to see the last flurry of significant agency activity in the days ahead, as agencies race to beat the Congressional Review Act clock in the event that the legislature & executive turn against them in 2025.

Great to have Todd Zywicki to The Ohio State University Moritz College of Law today for our final faculty workshop of the semester.

1Ls preparing for write-on competitions for journals, here's a tip:

Ctrl+Shift+K converts the text to small caps.

I will say for me - the hardest part of working in government is accepting that you're going to be wrong sometimes. You try to minimize that to the best of your ability, but if you're trying to hit perfection every time...you'll be paralyzed.

'In the government or private sector you have to be okay with the fact that you’re going to be wrong sometimes. You have to be able to be as rigorous as you possibly can, be transparent about when you are guessing, and, when you get it wrong, sit there and figure out why.'

'Did we try every variation on a standard error that we possibly could before publishing something or sending a memo over? No, we didn't. On the other hand, we were optimizing for people having rigorous information in time to make a decision. Everything's about tradeoffs.'

It's energizing how many people in govt want to talk about reducing barriers to methadone as a treatment for opioid use disorder. Thrilled to have a chance to address the NGA Opioid State Action Network tomorrow afternoon with superstar Lizzy Platt from PublicHealthLawRsrch.

Q: The Council of Economic Advisers: What is it? And who cares?

A: It's the White House's econ think tank, and POTUS cares. You should too.

New Statecraft with Martha Gimbel, on what goes on at CEA. statecraft.pub/p/how-to-wrang…

New to SSRN: My paper “Chenery II Revisited,” which is forthcoming in the administrative law issue of the Gᴇᴏ. Wᴀsʜ. L. Rᴇᴠ. papers.ssrn.com/sol3/papers.cf… 1/

Great piece. Of course I’d be drawn to stories about unseen, essential people who make the world work.

“Above all else, he often said, ‘you must always be cool.’”

Huge permitting reform news:

The Bureau of Land Management is giving geothermal energy exploration a categorical exclusion from environmental review under NEPA.

If you care about clean energy abundance, this is a massive win.

Note: Notre Dame Law School is looking to hire pre-tenure and tenured laterals. No subject matter restriction. Our faculty rocks. Apply here: apply.interfolio.com/144535 (junior) or here: apply.interfolio.com/144540 (senior)

Congrats to Miriam Seifter! Such a well-deserved recognition.

Chad Squitieri Thanks for flagging. They really need to know something about Congress for that idea to work 🫤 lol

Interesting concurrence by J. Kavanaugh & J. Barrett re substantive canons in Rudisill. They appear to adopt a revised version of then-Prof. Barrett’s argument for using substantive canons:“substantive canon must be rooted in constitutional principles or congressional practices”

Excited to be building Health and Political Economy Project with Dave A. Chokshi, MD and Darrick Hamilton

We're looking for an Associate Director to be a critical part of our team - consider applying today! rb.gy/kvajct

Learn more here: lnkd.in/ebUDpBi5

Mark Cuban is essentially singlehandedly funding the combined discretionary budgets of the U.S. Supreme Court and the Office of Management and Budget.

Historic move by the Biden Admin in finally making Americans of Middle Eastern/North African descent *visible* in Federal statistics, with broader public/private sector effects. Still MUCH more work to do, but this is a crucial step in the right direction. whitehouse.gov/omb/briefing-r…

New Paper 🚨: I've just posted @ssrn an empirical paper testing the theory, floated during oral argument in Loper Bright, that Chevron deference causes legislative stagnation (presumably a bad thing). papers.ssrn.com/sol3/papers.cf… 1/9