Neomi Rao

Nonpartisan

United States Court of Appeals for the District of Columbia Circuit

Tenure

2019 - Present

Years in position

6

Education

Bachelor's

Yale University, 1995

Law

University of Chicago Law School, 1999

Personal

Birthplace

Detroit, MI

See also:Rao's views on the administrative state

Neomi Rao is afederal judge on theUnited States Court of Appeals for the District of Columbia Circuit. PresidentDonald Trump (R) nominated Rao on November 13, 2018, to fill the vacancy on the court created byBrett Kavanaugh's confirmation to serve on theUnited States Supreme Court.^[1] On March 13, 2019, theU.S. Senate confirmed Rao on a recorded vote of 53-46.^[2] Rao received commission on March 18, 2019.^[3] To see a full list of judges appointed by Trump,click here.

TheUnited States Court of Appeals for the District of Columbia Circuit is one of 13U.S. courts of appeal. They are the intermediateappellate courts of theUnited States federal courts. To learn more about the court,click here.

Rao is one of two judges on the court appointed byDonald Trump (R). The other judges on the court were appointed byGeorge H.W. Bush (R),George W. Bush (R),Bill Clinton (D), andBarack Obama (D). After Rao's confirmation, the court had a 7-3 Democratic-appointed majority.

Rao is an American legal scholar. She was the administrator of theOffice of Information and Regulatory Affairs (OIRA), an agency within theWhite House Office of Management and Budget (OMB), from July 2017 to March 2019. Rao previously worked as an associate professor of law at George Mason University's Antonin Scalia Law School, where she founded the Center for the Study of the Administrative State.^[3][4]

Judicial nominations and appointments

U.S. Court of Appeals for the D.C. Circuit (2019-present)

See also:Federal judges nominated by Donald Trump

PresidentTrump (R) nominated Rao on November 13, 2018. On March 13, 2019, theU.S. Senate confirmed Rao to the court on a recorded vote of 53-46.^[2] To read more about the federal nominations process,click here.

Nomination Tracker
Nominee Information
Name: Neomi Rao
Court:United States Court of Appeals for the District of Columbia Circuit
Progress
Confirmed 120 days after nomination.
ANominated: November 13, 2018
AABA Rating:Majority Well Qualified/Minority Qualified
Questionnaire:Questionnaire
AHearing: February 5, 2019
QFRs:QFRs(Hover over QFRs to read more)
AReported: February 28, 2019
AConfirmed: March 13, 2019
AVote: 53-46

March 13, 2019: U.S. Senate votes to confirm Rao

The U.S. Senate confirmed Rao on a party-line vote of 53-46 on March 13, 2019. Republicans senators voted in favor of her confirmation while Democratic senators opposed her confirmation.^[5] To see a full breakdown of the vote on the official U.S. Senate website,click here.

Neomi Rao confirmation vote (March 13, 2019)
Party	Yea	Nay	No vote
Democratic	0	44	1
Republican	53	0	0
Independent	0	2	0
Total	53	46	0

February 28, 2019: Senate Judiciary Committee votes to advance Rao's nomination

TheSenate Judiciary Committee voted 12-10 in a party-line vote on February 28 to advance OIRA Administrator Neomi Rao’s nomination to the full Senate for a vote.^[6]

The vote took place less than a week afterSenate Judiciary Committee memberJosh Hawley (R-Mo.) raised concerns about his reading of Rao’s academic writings that he claimed favorsubstantive due process—a legal interpretation that aims to safeguard general rights not specifically named in the U.S. Constitution. Hawley met privately with Rao twice in the days preceding the vote and stated that the discussions gave him confidence in her judicial philosophy. According to Hawley, Rao said that substantive due process “finds no textual support in the Constitution.”Cite error: Invalid<ref> tag; invalid names, e.g. too many^[7]

February 5, 2019: Senate Judiciary Committee hearing centers on Rao's undergraduate writings

TheSenate Judiciary Committee held a hearing on Rao's nomination on February 5, 2019.^[8]

Rao’s nomination to the court, considered the second-highest in the land, was waylaid by questions about her undergraduate writings. Committee members also questioned Rao about her recent work as OIRA administrator under the Trump administration. Since the DC Circuit hears the majority of judicial challenges to administrative actions, Rao stated that she would consider recusing herself from cases concerning regulations issued under the Trump administration on a case-by-case basis when required by court precedent or statutory standards.^[9][10]

November 13, 2018: President Trump nominates Rao to D.C. Circuit Court of Appeals

PresidentTrump (R) nominated Rao on November 13, 2018, to fill a vacant seat on theUnited States Court of Appeals for the District of Columbia Circuit. The vacancy was created by D.C. Circuit JudgeBrett Kavanaugh’s elevation to theUnited States Supreme Court.^[1][11]

At thesine die adjournment of the115th Congress on January 3, 2019, the Senate returned Rao's nomination to President Trump.^[12] Rao was one of 51 individuals the president re-nominated on January 23, 2019.^[13]

TheAmerican Bar Association rated Raowell qualified by a majority andqualified by a minority.^[14] To read more about ABA ratings,click here.

Education

Rao earned a B.A. from Yale University in 1995 and aJ.D. from the University of Chicago Law School in 1999.

Professional career

Early career

After earning her law degree, Rao clerked for JudgeHarvie Wilkinson on theUnited States Court of Appeals for the 4th Circuit from 1999 to 2000 and served as counsel to theUnited States Senate Committee on the Judiciary under U.S. SenatorOrrin Hatch (R-Utah) from 2000 to 2001. From 2001 to 2002, Rao clerked forUnited States Supreme Court JusticeClarence Thomas. She took a hiatus from government service to practice law in the London office of Clifford Chance LLP, specializing in public international law and arbitration, from 2002 to 2005. She returned to the United States to serve as a special assistant and associate counsel to former PresidentGeorge W. Bush (R) from March 2005 to July 2006.^[4][15][16]

Center for the Study of the Administrative State

Rao joined the faculty of George Mason University's Antonin Scalia Law School as an assistant professor in 2006. She became an associate professor in 2012 and founded the university's Center for the Study of the Administrative State in 2015. Her scholarship "has focused on the political and constitutional accountability of the administrative state, in particular considering the role of Congress," according to her faculty profile at George Mason University.^[15][16]

Office of Information and Regulatory Affairs

See also:Office of Information and Regulatory Affairs

TheUnited States Senate confirmed Rao to serve as the administrator of theOffice of Information and Regulatory Affairs (OIRA), an agency within theWhite House Office of Management and Budget (OMB), on July 10, 2017, in a 54-41 vote. OIRA's responsibilities include regulatory review, clearance and approval of government information collection requests, and oversight of government statistical practices and privacy policies. The agency is responsible for reviewing and coordinating what it deems all significant regulatory actions made by federal agencies.^[4][17] Rao worked in the OIRA until her confirmation as afederal judge on theUnited States Court of Appeals for the District of Columbia Circuit in March 2019.^[3]

Boards and committees

Rao served on the following boards and committees as of July 2018:^[4]

• Administrative Conference of the United States,member
• Governing Council of theAmerican Bar Association's Section of Administrative Law and Regulatory Practice,member
• American Bar Association's Section of Regulatory Policy Committee,co-chair

Academic scholarship

The following table contains a selection of works by Rao about the administrative state and related issues. Any links in the table below feature Ballotpedia summaries of that scholarly work.

Views on the administrative state

Scope of regulation

In "The Administrative State and the Structure of the Constitution," published by theHeritage Foundation in 2018, Rao put forth the view that administrative agencies create regulatory burdens for citizens when theypromulgate regulations beyond the scope of their congressionally delegated authority:^[18]

Nondelegation doctrine

See also:Nondelegation doctrine

Rao expressed her support for thenondelegation doctrine with respect to congressional delegations of authority to administrative agencies in her 2014New York University Law Review article "Administrative Collusion: How Delegation Diminishes the Collective Congress." Rao argued that the failure of the federal courts to enforce thenondelegation doctrine has resulted in the growth of the administrative state, which threatens individual liberty.^[20]

Guidance documents

See also:Guidance

Rao discussed her approach toward agencyguidance documents as the head of OIRA during a January 2018 interview with The Brookings Institution. Rao stated that OIRA has discouraged agencies from issuing guidance documents that implement new regulatory requirements.^[21]

Removal of independent agency heads

See also:Appointment and removal power andIndependent federal agency

Rao discussed her support for the at-will removal of the heads ofindependent federal agencies in her 2014Alabama Law Review article "Removal: Necessary and Sufficient for Presidential Control." Rao posited that the at-will removal of the heads ofindependent federal agencies, who can only be removed for cause, would increase presidential control of the executive branch and satisfy constitutional requirements for the exercise of executive power.^[22]

About the court

District of Columbia Circuit
Court of Appeals
Judgeships
Posts: 11
Judges: 11
Vacancies: 0
Judges
Chief:Sri Srinivasan
Active judges: Julianna Michelle Childs,Bradley Garcia,Karen Henderson,Greg Katsas,Patricia Ann Millett,Florence Pan,Cornelia T. L. Pillard,Neomi Rao,Srikanth Srinivasan,Justin Walker,Robert Leon Wilkins Senior judges: James Buckley,Harry Edwards,Douglas Ginsburg,Arthur Randolph,Judith Rogers,David Sentelle,David Tatel

TheUnited States Court of Appeals for the District of Columbia Circuit is afederal appellate court with appellatejurisdiction. It hears appeals from theUnited States District Court for the District of Columbia and its rulings may be appealed to theSupreme Court of the United States.

This court should not be confused with theDistrict of Columbia Court of Appeals, which is equivalent to a state supreme court in the District of Columbia, or with theFederal Circuit Court of Appeals, whose jurisdiction is limited by subject matter. Appeals are heard in the E. Barrett Prettyman Federal Courthouse inWashington, D.C.

Eight judges of the District of Columbia Circuit went on to serve on theSupreme Court of the United States: Fred M. Vinson, Wiley Rutledge, Warren Burger,Ruth Bader Ginsburg,Antonin Scalia,Clarence Thomas,John Roberts, andBrett Kavanaugh.

The U.S. Court of Appeals for the D.C. Circuit hasappellate jurisdiction over cases heard by the D.C. Circuit. These cases can include civil and criminal matters that fall under federal law.

Because of the nature of its jurisdiction, the ideologies of the judges who serve on the District of Columbia Circuit is often a partisan issue.^[23]

To read opinions published by this court, clickhere.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

• The president nominates an individual for a judicial seat.
• The nominee fills out a questionnaire and is reviewed by theSenate Judiciary Committee.
• The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

• As part of this process, the committee sends ablue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

• After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

• If approved, the nominee is voted on by the full Senate.
• If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

• The Senate holds a vote on the candidate.

• If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
• If the Senate does not confirm the nomination, that nominee does not become a judge.

Noteworthy cases

In re: American Federation of Labor and Congress of Industrial Organizations (2020)

See also:Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

In re: American Federation of Labor and Congress of Industrial Organizations: On June 11, 2020, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by the AFL-CIO. The labor union had sought a court order (a writ of mandamus) to compel the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard for Infectious Diseases (ETS) to protect working people from occupational exposure to COVID-19. The AFL-CIO had first petitioned Secretary of Labor Eugene Scalia on March 6, 2020, to issue the ETS, but Scalia did not act on the petition, prompting the AFL-CIO to take the matter before the D.C. Circuit. The labor union cited a federal law requiring issuance of an ETS when "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." The D.C. Circuit refused to compel action, saying that OSHA is "entitled to considerable deference" and the agency had "reasonably determined that an ETS is not necessary at this time." The per curiam decision was made by JudgesKaren Henderson, an appointee of George H.W. Bush (R),Robert Leon Wilkins, an appointee of Barack Obama (D), andNeomi Rao, an appointee of Donald J. Trump (R). AFL-CIO President Richard Trumka issued a statement the day of the decision, saying, "the court’s action today fell woefully short of fulfilling its duty to ensure that the Occupational Safety and Health Act is enforced.”^{[24][25][26][27]}

D.C. Circuit panel orders judge in Flynn investigation to elaborate on refusal to dismiss the case

On May 7, 2020, theDepartment of Justice filed a motion to drop charges against Michael Flynn in hiscase involving investigations into Russian interference in the 2016 presidential election.^[28] U.S. District Court judgeEmmet Sullivan did not dismiss the case and instead issued an order on May 12, 2020, indicating that he would accept amicus curiae briefs regarding the case.^[29]

In response to Sullivan's May 7 order, lawyers representing Flynn filed an appeal with theUnited States Court of Appeals for the District of Columbia Circuit on May 19, 2020. The appeal requested that the appellate court order theUnited States District Court for the District of Columbia to dismiss the case and reverse Sullivan's order allowing amicus curiae briefs. The appeal also requested that the district court reassign the case to another judge for any future legal proceedings. Flynn's attorney Sidney Powell wrote, "A district court cannot deny the Government’s motion to dismiss because the judge has 'a disagreement with the prosecution’s exercise of charging authority.' Nor should a court second-guess the Government’s 'conclusion that additional prosecution or punishment would not serve the public interest.'"^[30]

On May 21, a three-judge panel from theUnited States Court of Appeals for the District of Columbia Circuit consisting of Rao, along withRobert Leon Wilkins andKaren Henderson, ordered Sullivan to respond by June 1 to Flynn's challenge to Sullivan's refusal to dismiss the case.^[31]

Articles:

• The Washington Post, "Appeals court orders Flynn judge to defend actions, as legal scholars weigh in," May 22, 2020
• Law.com, "In Flynn Case, Emmet Sullivan Will Brief DC Circuit About Power of Trial Judges," May 21, 2020

See also

• Ballotpedia's administrative state coverage
• Office of Information and Regulatory Affairs (OIRA)
• White House Office of Management and Budget (OMB)
• Donald Trump
• United States Court of Appeals for the District of Columbia Circuit
• Federal judges nominated by Donald Trump

External links

Search Google News for this topic

Suggest a link

• Biography from theFederal Judicial Center
• United States Court of Appeals for the District of Columbia Circuit
• Office of Information and Regulatory Affairs (OIRA) homepage
• Rao's faculty profile from George Mason University

Footnotes

1. ↑^1.01.1National Review, "President Trump Announces Neomi Rao as D.C. Circuit Nominee," November 13, 2018
2. ↑^2.02.1Congress.gov, "PN247 — Neomi J. Rao — The Judiciary," accessed March 14, 2019
3. ↑^3.03.13.2Federal Judicial Center, "Rao, Neomi Jehangir," accessed March 19, 2019
4. ↑^4.04.14.24.3George Mason University, "Neomi Rao," accessed July 5, 2018
5. ↑Fox News, "Neomi Rao confirmed to replace Kavanaugh on D.C. Circuit, winning over key pro-life GOP senator," March 13, 2019
6. ↑Courthouse News Service, "Panel Advances Pick to Replace Kavanaugh on DC Bench," February 28, 2019
7. ↑New Haven Register, "Senate panel endorses Trump nominee Rao for appeals court," February 28, 2019
8. ↑Committee on the Judiciary, "Nominations," February 5, 2019
9. ↑Politico, "Trump's pick to replace Kavanaugh grilled for writings on sexual assault," February 5, 2019
10. ↑Courthouse News Service, "Senate Panel Grills Trump Pick to Replace Kavanaugh," February 5, 2019
11. ↑Politico, "Trump nominates deregulation ace to fill Kavanaugh's seat on D.C. court," November 13, 2018
12. ↑Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjournssine die or recesses for more than 30 days.Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
13. ↑WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
14. ↑American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed March 19, 2019
15. ↑^15.015.1The New York Times, "Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Overhaul," July 9, 2017
16. ↑^16.016.1LinkedIn, "Neomi Rao," accessed July 5, 2018
17. ↑Courthouse News Service, "Trump Nominates OMB Official to Fill DC Circuit Vacancy," November 13, 2018
18. ↑Heritage Foundation, "The Administrative State and the Structure of the Constitution," June 18, 2018
19. ↑^{19.019.119.219.3}Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
20. ↑NYU Law Review, "ADMINISTRATIVE COLLUSION: HOW DELEGATION DIMINISHES THE COLLECTIVE CONGRESS," 2015
21. ↑The Brookings Institution, "THAT'S NEXT FOR TRUMP'S REGULATORY AGENDA: A CONVERSATION WITH OIRA ADMINISTRATOR NEOMI RAO," January 26, 2018
22. ↑Alabama Law Review, "REMOVAL: NECESSARY AND SUFFICIENT FOR PRESIDENTIAL CONTROL," 2014
23. ↑Wall Street Journal, "Why D.C. Circuit, at Center of Nominee Fight, Is So Important," November 20, 2013
24. ↑United States Court of Appeals for the District of Columbia Circuit, "In re: American Federation of Labor and Congress of Industrial Organizations: Order," June 11, 2020
25. ↑United States Court of Appeals for the District of Columbia Circuit, "In re: American Federation of Labor and Congress of Industrial Organizations: Emergency Petition," May 18, 2020
26. ↑AFL-CIO, "A Petition to Secretary Scalia for an OSHA Emergency Temporary Standard for Infectious Disease," March 6, 2020
27. ↑AFL-CIO, "By Denying a COVID-19 Emergency Temporary Standard, the D.C. Circuit Court Is Endangering America’s Workers," June 11, 2020
28. ↑United States v. Flynn, "Motion to Dismiss Case," May 7, 2020
29. ↑Politico, "Judge slows down effort to drop Flynn case," May 12, 2020
30. ↑Washington Post, "Flynn attorneys ask court to order judge to dismiss conviction," May 19, 2020
31. ↑Law.com, "In Flynn Case, Emmet Sullivan Will Brief DC Circuit About Power of Trial Judges," May 21, 2020

Political offices
Preceded by -	United States Court of Appeals for the District of Columbia Circuit 2019-Present	Succeeded by -

v • e Federal judges who have served theU.S. Court of Appeals for the DC Circuit
Active judges	Chief Judge: Srikanth Srinivasan  •  Karen Henderson  •  J. Michelle Childs  •  Florence Pan  •  Robert Leon Wilkins  •  Patricia Ann Millett  •  Cornelia T. L. Pillard  •  Greg Katsas  •  Neomi Rao  •  Justin Walker (U.S. Court of Appeals)  •  Bradley Garcia
Senior judges	David Sentelle  •  Douglas Ginsburg  •  David Tatel  •  Harry Edwards  •  Arthur Randolph  •
Former judges	William Cranch  •  James Markham Marshall  •  Allen Bowie Duckett  •  Nicholas Battalle Fitzhugh  •  William Kilty  •  James Sewall Morsell  •  Buckner Thruston  •  James Dunlop  •  William Matthew Merrick  •  Richard Henry Alvey  •  Martin Ferdinand Morris  •  Seth Shepard  •  Louis Emory McComas  •  Charles Holland Duell  •  Charles Henry Robb  •  Josiah Alexander Van Orsdel  •  William Hitz  •  Constantine Joseph Smyth  •  Duncan Groner  •  George Ewing Martin  •  James McPherson Proctor (Federal judge)  •  Harold Montelle Stephens  •  Henry Edgerton  •  Justin Miller (D.C. Circuit)  •  Stephen F. Williams  •  Janice Rogers Brown  •  Merrick Garland  •  Thomas Griffith  •  Brett Kavanaugh  •  Laurence Silberman  •  Walter Bastian  •  Edward Tamm  •  Spottswood Robinson  •  Thurman Arnold  •  Bennett Clark  •  Wilbur Miller  •  David Bazelon  •  Robert Bork  •  John Danaher  •  Charles Fahy  •  George MacKinnon  •  Carl McGowan  •  Abner Mikva  •  Elijah Prettyman  •  Roger Robb  •  Kenneth Starr  •  Patricia Wald  •  George Thomas Washington (Federal judge)  •  Malcolm Wilkey  •  George Edward MacKinnon  •  Ketanji Brown Jackson  •  James Wright (Louisiana)  •
Former Chief judges	William Cranch  •  Richard Henry Alvey  •  Seth Shepard  •  Constantine Joseph Smyth  •  Duncan Groner  •  George Ewing Martin  •  Harold Montelle Stephens  •  Henry Edgerton  •  David Sentelle  •  Merrick Garland  •  Douglas Ginsburg  •  Harry Edwards  •  Spottswood Robinson  •  Wilbur Miller  •  David Bazelon  •  Carl McGowan  •  Abner Mikva  •  Elijah Prettyman  •  Patricia Wald  •  James Wright (Louisiana)  •

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2018	Andrew Oldham •Amy St. Eve •Michael Scudder •John Nalbandian •Mark Bennett •Andrew Oldham •Britt Grant •Colm Connolly •Maryellen Noreika •Jill Otake •Jeffrey Beaverstock •Emily Coody Marks •Holly Lou Teeter •Julius Richardson •Charles B. Goodwin •Barry Ashe •Stan Baker •A. Marvin Quattlebaum Jr. •Terry F. Moorer •Susan Baxter •William Jung •Alan Albright •Dominic Lanza •Eric Tostrud •Charles Williams •Nancy E. Brasel •James Sweeney •Kari A. Dooley •Marilyn J. Horan •Robert Summerhays •Brett Kavanaugh •David Porter •Liles Burke •Michael Juneau •Peter Phipps •Lance Walker •Richard Sullivan •Eli Richardson •Ryan Nelson •Chad F. Kenney, Sr. •Susan Brnovich •William M. Ray, II •Jeremy Kernodle •Thomas Kleeh •J.P. Hanlon •Mark Norris •Jonathan Kobes •Michael Brown •David Counts
2019	Eric Miller •Chad Readler •Eric Murphy •Neomi Rao •Paul Matey •Allison Jones Rushing •Bridget S. Bade •Roy Altman •Patrick Wyrick •Holly Brady •David Morales •Andrew Brasher •J. Campbell Barker •Rodolfo Ruiz •Daniel Domenico •Michael Truncale •Michael Park •Joseph Bianco •Raúl Arias-Marxuach •Daniel Collins •Joshua Wolson •Wendy Vitter •Kenneth Kiyul Lee •Kenneth Bell •Stephen Clark •Howard Nielson •Rodney Smith •Jean-Paul Boulee •Sarah Daggett Morrison •Rossie Alston •Pamela A. Barker •Corey Maze •Greg Guidry •Matthew Kacsmaryk •Allen Winsor •Carl Nichols •James Cain, Jr. •Tom Barber •J. Nicholas Ranjan •Clifton L. Corker •Peter Phipps •Daniel Bress •Damon Leichty •Wendy W. Berger •Peter Welte •Michael Liburdi •William Shaw Stickman •Mark Pittman •Karin J. Immergut •Jason Pulliam •Brantley Starr •Brian Buescher •James Wesley Hendrix •Timothy Reif •Martha Pacold •Sean Jordan •Mary Rowland •John M. Younge •Jeff Brown •Ada Brown •Steven Grimberg •Stephanie A. Gallagher •Steven Seeger •Stephanie Haines •Mary McElroy •David J. Novak •Frank W. Volk •Charles Eskridge •Rachel Kovner •Justin Walker •T. Kent Wetherell •Danielle Hunsaker •Lee Rudofsky •Jennifer Philpott Wilson • William Nardini •Steven Menashi •Robert J. Luck •Eric Komitee •Douglas Cole •John Sinatra •Sarah Pitlyk •Barbara Lagoa •Richard Myers II •Sherri Lydon •Patrick Bumatay •R. Austin Huffaker • Miller Baker •Anuraag Singhal •Karen Marston •Jodi Dishman •Mary Kay Vyskocil •Matthew McFarland •John Gallagher •Bernard Jones •Kea Riggs •Robert J. Colville •Stephanie Dawkins Davis •Gary R. Brown •David Barlow • Lewis Liman
2020	Lawrence VanDyke •Daniel Traynor •John Kness •Joshua Kindred •Philip Halpern •Silvia Carreno-Coll •Scott Rash •John Heil •Anna Manasco •John L. Badalamenti •Drew Tipton •Andrew Brasher •Cory Wilson •Scott Hardy •David Joseph •Matthew Schelp •John Cronan •Justin Walker •Brett H. Ludwig •Christy Wiegand •Thomas Cullen •Diane Gujarati •Stanley Blumenfeld •Mark Scarsi •John Holcomb •Stephen P. McGlynn •Todd Robinson •Hala Jarbou •David Dugan •Iain D. Johnston •Franklin U. Valderrama •John Hinderaker •Roderick Young •Michael Newman •Aileen Cannon •James Knepp •Kathryn Kimball Mizelle • Benjamin Beaton • Kristi Johnson •Toby Crouse •Philip Calabrese •Taylor McNeel •Thomas Kirsch •Stephen Vaden •Katherine Crytzer •Fernando Aenlle-Rocha •Charles Atchley •Joseph Dawson
2025	Whitney Hermandorfer •Joshua Divine •Cristian M. Stevens •Zachary Bluestone •Emil Bove •Edward Artau •Kyle Dudek•Maria Lanahan•Jennifer Mascott•Anne-Leigh Gaylord Moe•Chad Meredith•Harold Mooty•Jordan Pratt•Edmund LaCour•Bill Lewis•Eric Tung•Rebecca Taibleson•Joshua D. Dunlap•Bill Mercer•Susan Rodriguez•Robert Chamberlin•Matthew Orso•David Bragdon•Jimmy Maxwell•Lindsey Freeman•William J. Crain
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Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget