[LIVE] Is Faithful Execution being Devoured By Factional Execution?

Описание: Abrupt and complete reversals of position from one Administration to the next, whether by Executive Order or other method, arguably not only tend to undermine respect for the law, but also disrupt the lives and businesses of those subject to the changed rules. When the Department of Justice, on behalf of a new Administration, reverses a position the previous Administration had taken in ongoing litigation, courts might reasonably question the extent to which, if any, deference to the Executive can be reconciled with the judicial duty to say what the law is.

This panel will explore the legal standards associated with, and the practical ramifications of, the Executive Branch implementing major policy changes without involving the United States Congress, discuss examples of regulatory and litigation actions that have changed from one administration to another in the recent decades, and address whether these changes are consistent with the Constitution’s mandate that U.S. laws represent the consent of the governed.

Featuring:

• Mr. Hashim M. Mooppan, Former Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice
• Prof. Eloise Pasachoff, Professor of Law; Anne Fleming Research Professor; Associate Dean for Careers, Georgetown Law
• Hon. Virginia Seitz, Partner, Sidley, Former Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
• Ms. Farnaz Thompson, Partner, McGuireWoods LLP, Former Deputy General Counsel for Postsecondary Education, U.S. Department of Education
• Moderator: Hon. Steven Menashi, United States Court of Appeals, Second Circuit


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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.