A Legal "Jurisdictional Train-Wreck"
Document Type
Article
Publication Title
Santa Clara Law Review
Abstract
This article confronts Constitutional separation of power under U.S. law and what was called a “Jurisdictional Trainwreck” by a top Obama Administration official. This article analyzes several recent Supreme Court decisions constraining and restricting traditional court deference to executive branch regulation - including a recent Supreme Court de novo decision mandating a new quantitative cost consideration as a regulatory prerequisite, another Court decision limiting executive branch ‘tailoring’ of law, and another recent Court order which, for the first time in judicial history, enjoined an entire regulation before any lower court challenge to a particular part of the regulation was on appeal before the Supreme Court.
First Page
1
Last Page
68
Publication Date
2019
Recommended Citation
Steven Ferrey, A Legal "Jurisdictional Train Wreck", 59 Santa Clara L. Rev. 1 (2019).
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License