The Notice and Comment Question in United States v. Texas
Much has been written about the standing issue before the U.S. Supreme Court in United States v. Texas. However, if the Court finds that Texas and the other states have standing under Article III to sue in federal court, it will be faced with a number of questions, including whether the deferred action “guidance” issued by the Obama administration was subject to the Administrative Procedure Act’s notice-and-comment procedures. In Notice and Comment Rulemaking in United States v. Texas. on the ACSBlog, Shoba Sivaprasad Wadhia thoughtfully analyzes the question.
KJ
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