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  • Trump Detests ‘Losers,’ But He’s the Courtroom Loser in Chief

    At the conclusion of this year’s Supreme Court term, political scientist Lee Epstein and law professor Eric Posner observed that Trump “has prevailed only 47 percent of the time” before the high court, “a worse record than that of his predecessors going back at least as far as Franklin D. Roosevelt.” The situation is even uglier in the lower courts. The New York University School of Law’s Institute for Policy Integrity has calculated that just 14 percent of the Trump administration’s regulatory actions were upheld against challenges in the lower courts — the rest were blocked or withdrawn. Trump’s recent predecessors have tended to win on regulatory matters at least 60 percent of the time.

  • Administration Reviewing 50 Major Projects for Environmental Waivers

    The Natural Resources Defense Council noted, “Nothing in NEPA gives the president the authority to side-step the environmental review and public participation the statute requires.” New York University’s Institute for Policy Integrity added that any exemptions allowed are for “true emergencies” that threaten lives and that it is “an enormous stretch to claim the economic crisis from COVID-19 fits.”

  • EPA Touts Winning Record, but Some Attorneys Dispute Its Numbers

    The EPA’s top lawyer is trumpeting the agency’s success rate in court, saying it’s won two-thirds of “significant” environmental cases during the Trump administration. But the assertion, made by the agency’s general counsel, Matthew Z. Leopold, clashes with—and also comes in response to—other tallies showing judges have largely sided with the EPA’s state and environmental adversaries. A New York University Institute for Policy Integrity analysis, for example, lists just nine EPA wins out of 47 regulatory cases tracked. Policy Integrity's litigation director Bethany Davis Noll, who oversees the institute’s tracker, said the EPA’s list had nearly two dozen cases that she had left off because they were either duplicative, still pending, not focused on Trump-era actions, or resolved on procedural grounds rather than on the merits.

  • Amid Our Coronavirus Crisis, GOP Convention Doubles Down on Individual Liberty

    Trump Jr. delivered a forceful indictment: "The other party is attacking the very principles on which our nation was founded: Freedom of thought. Freedom of speech. Freedom of religion. The rule of law.” Never mind that the Trump administration has been forced to reverse course more than 100 times after being sued for violating the rule of law, according to the New York University School of Law’s Institute for Policy Integrity.

  • Trump’s Environmental Rollbacks: A Four-Year Tide of Regulatory Change

    In some cases, Trump administration efforts are hitting delays and possibly brick walls. The Administrative Procedure Act requires that a new rule must have a “reasoned explanation” for it to be sound – or withstand a lawsuit, says Bethany Davis Noll of the Institute for Policy Integrity at New York University School of Law. If some Trump moves leave a lasting mark, in other cases the president’s actions could face reversals – notably in cases where his policies lack strong economic or scientific footing. “I think most presidents want some kind of legacy,” Davis Noll says, and in her view “that’s what he hasn’t managed to accomplish.”

  • Toward a “Unitary Executive” Vision of Article II?

    • Richard L. Revesz

    The U.S. Supreme Court made a significant move toward a “unitary executive” vision of Article II in Seila Law LLC v. CFPB. In this 5-4 decision, the Court relied on misleading arguments and revisionist history to strike down the statutory provision granting for-cause removal protection to the director of the Consumer Financial Protection Bureau.

  • What Is the Trump Administration’s Track Record on the Environment?

    To date, challenges to Trump’s deregulatory actions have been very successful. The Institute for Policy Integrity at the New York University School of Law found that the Trump administration has lost 87% of challenges to its regulations, guidance documents, and agency memoranda.

  • Trump Talks Up His Rule-Cutting, but Courts Saying Otherwise

    Trump’s regulatory legacy will be greatly shaped in coming months by court rulings in lawsuits challenging some of his most potentially consequential rollbacks. “He needs to win reelection in order to defend those rules in court, and even then I think it’s going to be a longshot to win some of those,” said Bethany Davis Noll, litigation director of New York University’s Institute for Policy Integrity.

  • Trump Has the Worst Record at the Supreme Court of Any Modern President

    The Trump administration is inept. Evidence for this can be found in the administration’s victory record in the lower courts, where more run-of-the-mill cases are decided than in the Supreme Court. There, an astonishing statistic reveals itself: According to the Institute for Policy Integrity at New York University Law School, only 11 percent of Trump administration regulatory actions prevailed in the lower courts; the other 89 percent were blocked by courts or withdrawn. In contrast, academic research indicates that earlier presidents, since the 1990s or so, have prevailed 60 to 70 percent of the time on regulatory matters in the lower courts.

  • The Supreme Court’s 2019-2020 Regulatory Term

    The Regulatory Review has invited leading scholars and analysts from across the country to assess the Court’s regulatory decisions from its recently concluded term. New York University School of Law's Richard Revesz will discuss Seila Law LLC v. Consumer Financial Protection Bureau, and how, in striking down the for-cause provision governing the removal of the Consumer Financial Protection Bureau’s single director, the Court implausibly distinguished this case from settled precedent, keeping an important building block of the administrative state in place for now. His essay will be published on August 5.