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BERRY: The First Week of the Biden Administration

Boyden Gray & Associates partner Jonathan Berry published a retrospective on the first week of President Biden’s new administration in First Things on Friday, January 29, 2021. The piece analyzes what week-one executive actions might signal about the administration’s tendencies, especially regarding the Democratic Party’s sometimes conflicting priorities and future regulatory actions. For example, Berry explains: Biden’s team has ordered…

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BG&A files amicus brief on behalf of constitutional law scholars challenging citizen suits in Detroit energy case

Boyden Gray & Associates filed a brief today on behalf of constitutional law scholars Richard Epstein and Jeremy Rabkin in the case U.S. et al. v. DTE et al., No. 10-13101 (E.D. Mich. July 30, 2020). The brief argues that citizen suits allow private parties to enforce public rights without constitutionally required executive supervision, and thus infringe on core executive…

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The Pendulum of Executive Power

Boyden Gray recently spoke with CBS News about the brief he filed in the Supreme Court’s recess appointment case, Noel Canning v. NLRB, and about the cyclical nature of executive branch expansion (typified by President Wilson) and contraction (typified by President Coolidge): “So the pendulum swings back and forth and back and forth, and I think the Congress will at some point…

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Stephanie Condon, Is Obama Overstepping His Bounds with Executive Actions?, CBS News, Jan. 28, 2014

C. Boyden Gray, former White House Counsel under President George H.W. Bush, is representing groups that are challenging the constitutionality of Cordray’s appointment — made the same day as the NLRB appointments. Gray himself was recess-appointed to serve as U.S. ambassador to the European Union in 2006, but in a brief filed with the Supreme Court in the NLRB case,…

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