Deep Dive Episode 113 – Executive Orders on Guidance: Implications and Next Steps
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
In October of 2019, President Trump issued an executive order that imposed a series of restrictions and requirements on Federal agencies, and even included a requirement that agencies publish their guidance on the internet. The purpose of the executive order was to promote transparency and democratic fairness in the administrative law process. This has led to a renewed debate over what the relationship should be between the executive branch and the administrative state, and has also led to some disagreement over whether the executive order represented any meaningful change from the status quo.
Featuring:
Hon. Steven Bradbury, General Counsel (and performing the functions and duties of Deputy Secretary), U.S. Department of Transportation
John Walke, Director, Clean Air Project, Climate & Clean Air Program, Natural Resources Defense Council
Prof. Adam White, Assistant Professor and Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School at George Mason University
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Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Director, Clean Air, Climate & Clean Energy Program, Natural Resources Defense Council
John Walke has spearheaded the organization’s national clean-air advocacy before Congress, in the courts, at the U.S. Environmental Protection Agency, and before the public since 2000. Before joining NRDC, he spent three years working as an attorney in the EPA’s Office of General Counsel, where he handled cases related to permitting, air toxins, monitoring, and enforcement under the Clean Air Act. Prior to that, he was an associate in a private law firm based in Washington, D.C. Walke is a graduate of Duke University and Harvard Law School. He is based in Washington, D.C.
Deputy Secretary of Transportation, US Department of Transportation
Steven G. Bradbury was sworn in as the Deputy Secretary of Transportation on March 13, 2025, following his confirmation by the U.S. Senate on March 11, 2025. In this role, he oversees the Department’s operating administrations and spearheads initiatives to ensure a safe, efficient, and modern transportation system that strengthens economic productivity and global competitiveness. Deputy Secretary Bradbury also assists Secretary Duffy in managing the Department’s activities, including its workforce of over 58,000 employees and an annual budget exceeding $109 billion.
Bradbury previously served as the 23rd General Counsel of the Department of Transportation from 2017 to 2021, as the Acting Deputy Secretary from 2019, and as Acting Secretary of Transportation in 2021. As General Counsel, he was the chief legal officer, advising on all legal matters and ensuring the integrity and compliance of the Department’s policies and programs.
Before rejoining DOT, Bradbury was a Distinguished Fellow at The Heritage Foundation from December 2022 to March 2025. He has extensive experience in the public and private sector, having served as Principal Deputy and Acting Assistant Attorney General at the U.S. Department of Justice and as a partner at Kirkland & Ellis LLP and Dechert LLP. Earlier in his career, he clerked for Justice Clarence Thomas and Judge James L. Buckley.
Bradbury holds a J.D., magna cum laude, from the University of Michigan Law School and a B.A. in English from Stanford University.