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    Government

    Gray Matters

    The C. Boyden Gray Center for the Administrative State, at George Mason University’s Antonin Scalia Law School, supports research and debate on the modern administrative state, and the constitutional issues surrounding it. In this podcast, we’ll discuss some of the questions being debated around modern administration — some new questions, some timeless ones. And you can also get the audio from Gray Center events.

    Listen to all episodes of Gray Matters at Ricochet.com.

    Advertise

    Copyright: © The C. Boyden Gray Center for the Administrative State

    • Apple Podcasts
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    • Spotify

    Latest Episodes:
    Jeff Starling and Reeve Bull on Using AI for Regulatory Reform in Oklahoma Sep 09, 2026
    Show notes

    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”


    NCLA's Mark Chenoweth on the State of Injunctive Relief Aug 07, 2026
    Show notes 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.

    After the Slaughter, Here's What's Cooking Jul 17, 2026
    Show notes 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

    Quo Vadis—Federal Trade Commission? Chief Judge Susan Braden on the Future of the FTC after Slaughter Jul 13, 2026
    Show notes 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 FTC
    • Adam White's analysis of Slaughter and Cook in SCOTUSblog

    What Are the Post-Chevron Courts Doing? (Notice & Comment May 2026 Conference Panel 1) Jun 30, 2026
    Show notes

    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


    Judging After Loper Bright Jun 09, 2026
    Show notes

    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


    Antitrust Policy in a Populist Era May 28, 2026
    Show notes

    The third panel discussion from the Gray Center’s Fall 2025 conference featuring:

    • Noah Phillips, Cravath, Swaine & Moore LLP
    • Matt Stoller, American Economic Liberties Project
    • Moderator:
      Senior Judge Douglas Ginsburg, D.C. Circuit

    Chad Squitieri on the President's Role in Lawmaking May 11, 2026
    Show notes

    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.


    2025 State of the Administrative State Conference Panel 2: The Federal Reserve and Presidential Power Apr 20, 2026
    Show notes

    The second panel discussion from the Gray Center's Fall 2025 conference featuring:

    • Sarah Binder, Brookings Institution
    • Jonathan Macey, Yale Law School
    • Aaron Nielson, University of Texas
    • Moderator:
      Adam White, C. Boyden Gray Center

    2025 State of the Administrative State Conference Panel 1: The State of the Administrative State Mar 30, 2026
    Show notes

    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

    1 2 3 17 Next

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