George Mason University Antonin Scalia Law School

2014 Supreme Court Preview: Enhancing Judicial Review of Regulatory Decisions

Event Details

  • Date:
  • Venue: Rayburn House Office Building
  • Division: Civil Justice Academy

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 Associationinvolve 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.


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