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​The War on Rulemaking: A New Era of Administrative Procedure?

A few weeks ago and in the wake of the presidential election, we blogged on the limits of executive branch authority, considering a question on so many Americans’ minds: could newly-inaugurated President Trump’s administration really do the things his campaign promised? We reviewed constitutional requirements for presidential action, as well as the Administrative Procedure Act (“APA”) and its statutory methods and prerequisites for administrative policymaking. And we briefly touched on the federal courts’ ability to hear judicial challenges to administrative decisions. But if Congress and our current president have any say in it, it seems like the administrative game we’ve come to know (and love, tolerate, or despise) could now be changing substantially.

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