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In this panel discussion, moderator Aaron Nielson (University of Texas at Austin) speaks with Michael Buschbacher (Boyden Gray PLLC), Matt Gregory (Gibson Dunn & Crutcher LLP), and Stephanie Maloney (U.S. Chamber Litigation Center) about legal remedies and the state of strategic litigation against agencies. Show notes:   YouTube version Sign up for email updates from the Gray Center here

Oklahoma Secretary of Energy and Environment Jeff Starling and the Fulcrum Foundation’s Reeve Bull discuss a new regulatory reform pilot project in Oklahoma. They share how Oklahoma is using AI to reform regulatory processes, reduce costs, and improve efficiency in government.    Show notes:   Reeve T. Bull, “Oklahoma is Leading the Way on AI-Powered Regulatory and Permitting Reform”

Jace Lington and Bennett Nuss talk with NCLA President and Chief Legal Officer Mark Chenoweth about the evolving landscape of injunctions in the legal system, particularly in light of recent cases likeTrump v. CASA. They explore the definition and function of injunctions, the surge of nationwide injunctions during the Trump administration, and the implications of forum shopping in legal proceedings. The conversation also delves into the role of the Administrative Procedure Act in judicial review and the strategic maneuvers of agencies to circumvent judicial oversight. Check out NCLA's latest cases here "The Truth of Erasure: Universal Remedies for Universal Agency Actions," by T. Elliot Gaiser, Mathura Sridharan, and Nicholas Cordova "Nationwide Injunctions' Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure," Ronald A. Cass "How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?" Richard J. Pierce, Jr.

Adam White, Jace Lington, and Bennett Nuss analyze the recent Supreme Court decisions in Trump v. Slaughter and Trump v. Cook, focusing on the implications for executive power, administrative agency independence, and the future of administrative law. Adam White in SCOTUSblog Aditya Bamzai & Aaron Nielson on the Fed and Article II at The Cornell Law Review

Adam White hosts Chief Judge Susan G. Braden (Ret.) to discuss the Supreme Court’s decision in Trump v. Slaughter, which held the Federal Trade Commission’s statutory independence unconstitutional and explicitly overruled Humphrey’s Executor. Braden argues the ruling will ripple across administrative law by treating agencies with authority to file lawsuits on behalf of the United States as executive agencies subject to presidential control, and by limiting “independent” agencies to advisory roles. Sign up for email updates from the Gray Center here Judge Braden's paper on the future of the FTCAdam White's analysis of Slaughter and Cook in SCOTUSblog

In this first panel from the Gray Center’s May conference, moderator Christopher J. Walker (University of Michigan) speaks with Megan Brown (Wiley Rein LLP), Roman Martinez (Latham & Watkins LLP), and Maria Monaghan (U.S. Chamber Litigation Center) about what courts are doing after Chevron’s overruling in Loper Bright. They discuss unresolved issues now playing out in lower courts, including Skidmore’s role, congressional delegation and “policymaking discretion,” stare decisis for prior Chevron-era precedents, and implications for other deference doctrines like Auer/Kisor. Sign up for email updates from the Gray Center here

In this final panel from the Gray Center’s October conference, moderator Aaron Nielsen (UT Austin) speaks with Judge Naomi Rao (D.C. Circuit) and Judge Steven Menashi (Second Circuit) about their role as judges after Loper Bright ended Chevron deference. Rao and Menashi describe their interpretive approaches—text-first, but attentive to context, structure, statutory purpose, and legal terms of art—and emphasize that interpretation involves judgment. They argueLoper Bright largely restores courts’ independent duty to decide questions of law under the APA, while still allowing agencies discretion where statutes leave open-textured implementation choices or explicit delegations. The panel discusses D.C. Circuit practices, post–Loper Bright arguments about expertise, “express delegation,” Skidmore, forum shopping, major questions doctrine, scientific complexity, and how the debate may shift toward Article I and nondelegation. Sign up for email updates from the Gray Center here

The third panel discussion from the Gray Center’s Fall 2025 conference featuring: Noah Phillips, Cravath, Swaine & Moore LLPMatt Stoller, American Economic Liberties Project Moderator: Senior Judge Douglas Ginsburg, D.C. Circuit

Jace Lington and Bennett Nuss chat with Chad Squitieri about his new paper, Congress in the Mouth of a Lawyer, which focuses on the president’s role in the lawmaking process. Prof. Squittieri discusses the constitutional role of the president in lawmaking, the importance of precise definitions of Congress, and implications for judges interpreting statutes. He explores how understanding the president's involvement influences legal doctrines and the separation of powers.

The second panel discussion from the Gray Center's Fall 2025 conference featuring:  Sarah Binder, Brookings InstitutionJonathan Macey, Yale Law SchoolAaron Nielson, University of Texas Moderator: Adam White, C. Boyden Gray Center

The first panel discussion from the Gray Center's Fall 2025 conference featuring:  James Burnham, King Street Legal, and formerly of the U.S. Department of Government Efficiency Susan Dudley, former Administrator, White House Office of Information and Regulatory Affairs; Founder & Senior Scholar, GW Regulatory Studies Center; Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration Lisa Heinzerling, Georgetown University Law Center Moderator: Mene Ukueberuwa, Wall Street Journal

Jace Lington and Bennett Nuss chat with Caroline Cecot about how recent changes in the EPA's analytical methods affect transparency and environmental protection. She discusses the evolution of cost-benefit analysis from a deregulatory tool to a framework for safeguarding health and the environment, and how recent administrative moves might revert it to "arbitrary and capricious" territory. The conversation delves into critical questions about regulatory decision-making, the role of Congress, and the impact of transparency on public trust. Notes: Benefit-Cost Analysis Under Threat, Caroline Cecot, The Regulatory Review Rethinking Health-Based Environmental Standards, Michael Livermore and Richard Revesz, New York University Law Review Deregulatory Cost-Benefit Analysis and Regulatory Stability, Caroline Cecot, Duke Law Journal EPA Turbine Rule, January 2026

Jace Lington and Bennett Nuss chat with Adam White about the recent Supreme Court case, exploring the nuances of statutory interpretation, the major questions doctrine, and the implications for executive and legislative powers. The Gray Center team analyzes the court's opinions, historical context, and future legal debates. Notes: Learning Resources, Inc. v. TrumpMichael D. Ramsey making an originalist defense of the Major Questions DoctrineJohn Ehrett's article at The American Mind about the New Right and the Major Questions DoctrineAdam White on the Court's approach to presidential powerJohn Eastman on the tariff as an exercise of foreign policy

Jace Lington and Bennett Nuss chat with Patrick A. McLaughlin about The Nondelegation Project at the Pacific Legal Foundation, which analyzes compliance with the nondelegation doctrine using AI and machine learning. He highlights the significant number of regulatory restrictions in the CFR, the role of vague statutes, and the importance of judicial doctrines like the intelligible principle test. The discussion also touches on the project's implications for legislative reform, state-level applications, and the challenges of data collection. Notes: The Nondelegation Project Introduction to the Nondelegation Project, Patrick A. McLaughlin and Mitchell Scacchi RegData project 26 U.S. Code § 7805 (Rules and regulations) 26 U.S. Code § 42 (Low-income housing credit) Harmonizing Delegation and Deference After Loper Bright, Kristin E. Hickman and Amy J. Wildermuth The Virginia Model: How the Commonwealth Build a Best-In-Class Regulatory System, Reeve T. Bull and Patrick A. McLaughlin

Jace Lington chats with Reeve Bull about his experiences running Virginia’s Office of Regulatory Management. Bull discusses Virginia's recent regulatory reform efforts, highlighting the successful streamlining of regulations and the significant savings achieved. He emphasizes the importance of transparency in the permitting process and the need to balance regulation with economic growth. Bull addresses criticisms of deregulation, particularly concerning health and safety, and explains how Virginia's approach has focused on maintaining essential protections while reducing unnecessary burdens. The conversation also explores the integration of AI in regulatory processes and the importance of considering the impacts on local governments and small businesses. Notes: The Virginia Model: How the Commonwealth Build a Best-In-Class Regulatory System, Reeve T. Bull and Patrick A. McLaughlin  Virginia’s New Approach to Regulatory Analysis, 2023 Gray Matters Episode with Andrew Wheeler and Reeve Bull