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b'On November 9, 2020, The Federalist Society\'s Administration Law & Regulation Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The topic of the panel was "Regulatory Practice and Oversight in 2021 and Beyond."
While we think of “The Administrative State” as the relatively permanent apparatus of government, it has no lawful powers beyond those vested in officials the voters have chosen. “[T]he Constitution presumes that lesser executive officers will assist the President in discharging his duties.” (Seila Law) Those duties are, for the most part, implementing, administering, and enforcing the provisions of the laws Congress has enacted. What, then, are the implications of the 2020 elections for regulatory policy?
From the earliest days of his Administration, President Trump made it a priority to cut back on the regulations he believed were impeding American economic success. Among other things, he instructed agencies to drop two regulations for each one added, and to comply with all procedural requirements in issuing guidance, and the Department of Justice announced it would not defend “subregulatory guidance.” In response to the arrival and spread of the contagious and deadly novel coronavirus, additional regulatory streamlining accelerated the approval of vaccines and other medical technologies, and of federally funded or permitted projects. Where do these initiatives stand? What will a second term/new administration bring? What will the 117th Congress do? Will it give early attention to administrative rules under the Congressional Review Act?
Recent Supreme Court decisions on delegation (Gundy), on deference (Kisor), and on presidential authority (Seila Law) mean that Congressional oversight, and the President’s management, of the administrative state will play out on an evolving landscape of administrative law.
This panel will discuss the likely consequences of the post-election prevailing winds.
Featuring:

Hon. Ronald A. Cass, Dean Emeritus, Boston University School Law; President, Cass & Associates
Hon. Sally Katzen, Professor of Practice and Distinguished Scholar in Resident; Co-Director, Legislative and Regulatory Process Clinic, New York University School of Law
Prof. Adam J. White, Assistant Professor of Law, Director, C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University; Resident Scholar, American Enterprise Institute
Moderator: Hon. Ryan D. Nelson, United States Court of Appeals, Ninth Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.'