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Articles by Bridget C. E. Dooling
The Lawfare Podcast: Bridget Dooling and Mark Febrizio on Robotic Rulemaking
Published by The Lawfare Institute in Cooperation With At the core of the regulatory state is the notice and comment process. Agencies propose what they're going to do, the public gets to comment, and agencies have to respond to those comments. It's an imperfect system, to be sure, but it's fundamental to making sure that agencies act with good information and with democratic legitimacy.
What the Supreme Court’s Rejection of the Employer Vaccinate-or-Test Rule Means for Biden’s Agenda
Published by The Lawfare Institute in Cooperation With The Biden administration’s pandemic response strategy suffered a setback on Jan. 13. The Supreme Court handed down a rusheddecision that stayed a workplace safety rule issued by the Occupational Safety and Health Administration (OSHA) in November 2021.
Trump hit the regulatory brakes, but hasn’t found reverse gear
The president and the GOP-controlled Congress emphasize three main accomplishments of the Trump administration’s first year: deregulation, tax cuts and judicial appointments. With the first 18 months behind us, we can evaluate the administration’s deregulatory activity. The record shows a major slowdown in new rules and a thin but growing roster of new, significant deregulatory steps. Nevertheless, in regulatory terms, the president is already running out of time to make his mark.
OIRA Sends a Smoke Signal on Independent Agencies
One of the most intriguing, unanswered questions about this Administration’s approach to regulatory policy is whether they’ll pull independent agencies in for some form of review by the Office of Information and Regulatory Affairs (OIRA). Although this issue has been kicked around for decades, President Trump’s appointment of Neomi Rao to the post of OIRA Administrator suggested it was going to be a key issue because of her scholarship as a law professor.
Justice Kennedy’s parting swipe against judges deferring to administrative agencies
Justice Anthony M. Kennedy’s final term surprised some court watchers with votes and written opinions that “threw in the towel” on old fights, but in Pereira v. Sessions, one of the less-covered cases this term, he wrote a separate, concurring opinion that took a broad and aggressive swipe at a doctrine at the core of how our government works. The doctrine is called Chevron, so-named for the 1984 case Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.
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