On Universal Vacatur, the Supreme Court, and the D.C. Circuit
Over at the Yale Journal on Regulation‘s Notice & Comment blog I have a post commenting on recent exchanges during Supreme Court oral arguments concerning whether the Administrative Procedure Act requires nationwide vacatur when a court concludes an agency action is unlawful, and whether (as the Chief Justice suggested) the D.C. Circuit routinely provides nationwide relief when vacating agency rules.
The post begins:
During oral argument in Department of Education v. Brown, the second case concerning the Biden Administration’s student loan forgiveness plan, the question arose whether it is proper for a single district or circuit court to impose a nationwide injunction against a federal policy where doing so is not necessary to provide complete relief to the parties before the court. While federal courts are empowered to “hold unlawful and set aside” agency action, Solicitor General Elizabeth Pr
Article from Reason.com
