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Tech Policy Podcast

#311: Administrative Law, and Why You Should Care

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 3 February 2022

⏱️ 37 minutes

🧾️ Download transcript

Summary

Administrative law—including key administrative law principles, such as the “major questions” and “nondelegation” doctrines—deserves far greater public attention. You’ll find out why on this episode, in which host Corbin Barthold is joined by Andrew Grossman, a partner at BakerHostetler and an adjunct scholar at the Cato Institute. Andrew is counsel for a party in West Virginia v. EPA, an important administrative law case before the Supreme Court this term. He and Corbin discuss major questions, nondelegation, the West Virginia litigation, the importance of the constitutional separation of powers, the future of the administrative state, and more. Catch the oral argument in West Virginia on February 28. Also, check out Corbin’s recent paper on these issues: A Path Forward on Nondelegation.

Transcript

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0:00.0

Administrative law doesn't tend to grab a lot of headlines.

0:11.8

And even when it does, as happened recently, when the Supreme Court issued fast-tracked rulings

0:17.5

on disputes over a pair of government vaccine mandates, the actual nuances of

0:23.2

administrative law tend not to receive much attention in media coverage. Perhaps that's inevitable,

0:30.1

but it's a shame. Administrative law has a huge, if often unseen impact on our lives. What's more, it closely connects to fundamental

0:40.2

issues of constitutional law, especially the separation of powers that all Americans should care

0:46.2

about. I think most people are aware that the ideological balance of the Supreme Court has shifted

0:53.6

in recent years.

0:55.6

And I think many people are aware of some hot button topics where that shift could have an impact.

1:00.8

Abortion and gun rights come immediately to mind.

1:05.2

I'd submit that administrative law should be mentioned in the same breath as those other issues.

1:10.5

It's at least that important,

1:12.7

if not more so. And it's something the court is looking at closely these days. This year,

1:19.5

the court will likely issue an important decision on what's called the major questions doctrine.

1:25.6

It is also likely, if not this term, then soon, to revisit and

1:30.7

revise an even more important principle known as non-delegation. This is, of course, the tech

1:37.3

policy podcast. I am your host, Corbyn Barthold. Today I'll be discussing these issues with

1:43.8

Andrew Grossman. He is a partner at

1:46.9

Baker Hostetler, where he co-leads the firm's appellate and major motions team. He is also an

1:53.5

adjunct scholar at the Cato Institute. As his holding those two positions at once suggests,

2:00.3

Andrew is a man of many talents,

2:02.4

both a master of the universe in the White Shoe law firm world, as well as a prominent figure

...

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