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Jan 25 • 4 tweets • 3 min read
Glad to see @BrianneGorod & her @MyConstitution appellate shop file this amicus brief on behalf of @jdmortenson in the #SCOTUS WV v. EPA case: supremecourt.gov/DocketPDF/20/2…
I hope the Court engages more with the historical/originalist scholarship against the nondelegation debate, including work by @jdmortenson, @nicholas_bagley, Nick Parrillo, @KexelChabot, etc.
In his OSHA vaccine-or-test requirement concurrence, Gorsuch cites to the pro-nondelegation literature (supremecourt.gov/opinions/21pdf…), but to date the Justices haven't grappled (publicly at least) with the full scholarly debate on nondelegation at the founding.
These types of law professor amicus briefs help bring the scholarly debate to the Justices attention in a more focused and helpful way.

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More from @chris_j_walker

Chris Walker Profile picture
Jan 25
I'm very excited to serve as one of the academic consultants on this new @acusgov, and even more excited to collaborate with two of my prior coauthors @MelissaWasserma and @acusgov Executive Director Matt Wiener to coauthor this study and report. 👇
This new @acusgov study builds on @MelissaWasserma & my @CalifLRev article The New World of Agency Adjudication, which explored the centrality of agency head review in the standard federal model for agency adjudication: ssrn.com/abstract=31295…
And it also picks up where Matt Wiener and I left off in our prior @acusgov report Agency Appellate Systems: ssrn.com/abstract=37283…
Read 4 tweets
Chris Walker Profile picture
Jan 24
I am heartbroken to hear about the passing over the weekend of my good friend, mentor, and colleague in the field @UNLCollegeofLaw Professor Anna Shavers (@LawProfShavers): news.unl.edu/newsrooms/toda…
A quick 🧵 with some reflections on her life and its impact on mine:
I first got to know Anna well when I joined the governing council of the @ABAAdLaw Section in 2015, and she had just completed her one-year term as Section Chair. I had met Anna before that, and her passion for #adlaw and #immigrationlaw was infectious.
Not to mention her smile and laugh. I sometimes wondered whether that was just her extroverted, public presence, but as I got to know her better, I realized that passion and joy were part of the core of who she was -- she sought to uplift and inspire.
Read 14 tweets
Chris Walker Profile picture
Jan 9, 2021
This is heartbreaking news. In law school, Professor Rhode was one of my main mentors and has been ever since. She helped me become a law professor, and researching and coauthoring together shaped my approach as an academic today.
Prof. Rhode's scholarship emphasized the importance of doctrine and theory -- but also empirical reality and policy impact. She wanted to show how the law worked on the ground and how law and the legal profession could be used (and improved) to make the world a better place.
Deborah was a generous mentor and friend. She cared more about my development as a human being than a scholar and voice in the world. She was a strong proponent of prioritizing life over career, which says a lot as she is one of the most-cited legal academics of her generation.
Read 15 tweets
Chris Walker Profile picture
Aug 13, 2020
Earlier this week the Justice Department released a report focused on how to modernize the Administrative Procedure Act (APA): yalejreg.com/nc/new-justice… Like most of the legislative #adlaw reform proposals in recent years, DOJ's reform efforts largely focus on agency rulemaking.
(FWIW, I've written more about the various legislative proposals, in an @AdLawReview essay by the same title as the DOJ report: ssrn.com/abstract=29621….)
Absent from most conversations about APA reform is agency adjudication. Yet the vast majority of regulatory actions today take place in adjudication, rather than rulemaking -- as we explored at the 50th annual @DukeLawJournal symposium earlier this year: yalejreg.com/nc/video-and-d…
Read 24 tweets
Chris Walker Profile picture
Aug 29, 2018
Today I found out one of my former students passed away earlier this month. We're probably not supposed to have favorite students, but she was one of my favs -- in part because I saw her grow so much from one semester to the next in a way that inspired me to be a better teacher.
I first met Kierra in my 1L legislation and regulation course. She was one of the quieter students in her first-year section. I'm not sure she ever volunteered to speak in class (though I nudged her to participate), but she was always there and engaged -- and smiling.
We would often speak after class about the course material and life. I could tell this particular material didn't come easily for her, but she worked hard and grappled with the material.
Read 9 tweets
Chris Walker Profile picture
Mar 23, 2018
If you've never attended a naturalization ceremony before, you should. Some thoughts on my experience in Dayton yesterday. THREAD:
A month ago I received an invitation to speak at a naturalization ceremony in Dayton, Ohio (and I’m so grateful my teaching schedule would permit it).
It was one of the most moving, humbling, and profoundly American experiences I’ve had in my nearly four decades as a U.S. Citizen myself.
Read 27 tweets

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