See the complete schedule at: https://tinyurl.com/bdewrf2u
In recent years, the United States Supreme Court has increasingly embraced the unitary executive theory, or the theory that espouses the President’s authority to act unilaterally in a number of areas. A salient target of reform by the Court has been the so-called ‘fourth branch’ of government—the federal agencies. Historically independent, the constitutional future of this independence is very much in doubt. Following the Supreme Court rulings in Loper Bright Enterprises and Jarkesy, overturning long-standing precedent, and with the 90th anniversary of Humphrey’s Executor around the corner in 2025, the future of the fourth branch of executive agencies has never been more uncertain.
Also buffeted by the Court’s recent jurisprudence has been almost every other aspect of federal agencies that for decades have been taken as granted. From the structure and constitutionality of the nearly 2,000 Administrative Law Judges that carry out the lion’s share of agency enforcement, to their reliance on subject matter experts, agencies are braced for momentous change to continue raining down. Following this summer, when, how, and to what extent the Supreme Court will continue to effect this change remains to be seen.
This Symposium will offer valuable insight on a pressing legal issue that may be unknown or unfamiliar to many students. By offering a space to discuss the issues of federal agency independence in the past, present, and future, this Symposium will add value, enrich the dialogue, and expand the perspectives of both faculty and students.
