The Constitutional Administrative Law Warrior
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The administrative state faces its most sustained constitutional challenge in history. Chevron U.S.A. v. NRDC required courts to defer to agency interpretations of ambiguous statutes for forty years — until Loper Bright Enterprises v. Raimondo overruled it in 2024. Courts must now exercise independent judgment in interpreting the statutes they administer. This single change restructures every federal regulatory proceeding and opens the door to statutory interpretation challenges that were foreclosed under Chevron's mandatory deference.
The Constitutional Administrative Law Warrior is Volume XXVII of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete practitioner's guide to the post-Chevron regulatory landscape.
Wayne Richard Evangelista covers the complete administrative law constitutional revolution: Loper Bright's overruling of Chevron and what the new de novo statutory interpretation framework means in practice; the major questions doctrine from King v. Burwell through West Virginia v. EPA to Biden v. Nebraska — the constitutional command that Congress speak clearly before authorizing agency action of vast economic and political significance; the nondelegation doctrine and its potential revival after Justice Gorsuch's Gundy v. United States dissent; the removal power doctrine from Humphrey's Executor through Seila Law LLC v. CFPB and Collins v. Yellen — with implications for every independent agency in the federal government; SEC v. Jarkesy's restoration of the Seventh Amendment jury trial right in civil penalty proceedings; and the APA's arbitrary and capricious standard and how Loper Bright affects its application.
For every lawyer who challenges federal agency action in health care, energy, environmental, financial, or technology regulation, the constitutional tools have never been more powerful. This volume teaches you to use all of them.
The Constitutional Administrative Law Warrior
$79.99
Sale price
$79.99
Regular price