The Never-Ending Assault on the Administrative State

Jack M. Beermann*

The administrative state is under attack. It is always under attack. Even decades after the main contours of the administrative state were sustained by the Supreme Court, it is still under attack. This Article is an exploration of the primary contours of the attack and a discussion of the reasons why the attack has been and should remain largely unsuccessful.

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© 2018 Jack M. Beermann. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Professor of Law and Harry Elwood Warren Scholar, Boston University School of Law.