Welcome to the Fall 2010 Administrative Law course at SMU Law School. I’ll use this blog to post news stories relating to the material we’re discussing in class, and to continue discussions that we otherwise might not have time to conclude. I also encourage you to take note of media stories relating to agencies. I’m happy to post them here for discussion.
Today, the media reports that the White House will issue new rules interpreting the landmark health reform legislation President Obama signed this month — in particular the provisions that prohibit insurance companies from denying coverage to children with pre-existing medical conditions, which has long been one of the most controversial practices in the industry. After reading the article, what administrative law issues can you spot?
Recall our class discussion of the Congressional Review Act as a response to the Supreme Court’s decision in INS v. Chadha. Last week, several Senate Republicans and a few conservative Democrats threatened to invoke the CRA against a forthcoming EPA rule regulating carbon dioxide and other air pollutants. Later this semester, we’ll read the Supreme Court’s “landmark 2007 ruling” mentioned in the New York Times article (Massachusetts v. EPA). Is this an appropriate use of the CRA? Who is likely to win this showdown between the legislative and executive branches? (Thanks to Tate Hemingson for the link).
Welcome to Administrative Law. For Thursday’s class, please read pp. 1-12 and 703-12 of ASIMOW & LEVIN, STATE AND FEDERAL ADMINISTRATIVE LAW (3d ed. 2009). Please also read this article to prepare for our discussion of the problem on p. 12: New York Times, Useful Mutants Bred with Radiation. Note that pp. 703-12 are the first few sections of the federal Administrative Procedure Act (APA), the procedural statute that governs federal agencies. We’ll refer to the APA throughout the course, and we’ll read the second half excerpted in the book for next Tuesday. Try to get a sense for the types of procedures that agencies can handle.