Congressional Civil Justice Caucus Academy Briefing: 2014 Supreme Court Preview: Enhancing Judicial Review of Regulatory Decisions

Event Date: Friday, October 3, 2014

Location: Rayburn House Office Building, Room 2237, Washington, DC

Program Description: The 2014 Supreme Court Preview focused on two cases accepted for review that are “litmus tests” for the Court, namely the problems associated with the administrative state and its regulatory overreach.  These cases, in particular, are very important to the regulated community.  Both Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association involve the problem of "interpretive rulemaking" -- a process by which an agency unilaterally alters its interpretation of a regulation without adequate notice or input from the regulated community or the public at large. The Supreme Court has agreed to decide whether "interpretive rulemaking" requires the same notice and comment period that is required by the Administrative Procedure Act.  A decision in favor of the regulated community will be a significant step toward constraining the expansion of executive power.  

The videos available below provide our dynamic discussion of these cases and the implications their decisions. 


Richard O. Faulk
Senior Director, Energy and Environment, Law & Economics Center
Partner, Hollingsworth LLP

Robert S. Peck
President, Center for Constitutional Litigation
Adjunct Professor of Law, American University Washington College of Law

Adam J. White
Counsel, Boyden Gray & Associates




This panel discussion is consistent with the definition of “Widely Attended” event as defined in the House Ethics Manual (p. 41) and House Rule 25, clause 5(a)(4)(A). Additional information on the Congressional Civil Justice Caucus Academy can be found on our website.

For More Information, Contact: Congressional Civil Justice Caucus Academy