The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Thirteenth Annual Executive Branch Review Conference — EBRXIII
Theme: Theories of Presidential Power
Wednesday, May 7, 2025
The Mayflower Hotel
1127 Connecticut Avenue, NW, Washington, DC
Addresses:
To be Announced!
Schedule:
Welcome & Opening
9:00 a.m. – 9:15 a.m.
Plenary Session 1: The End of Humphrey’s Executor?
9:15 a.m. – 10:30 a.m.
Plenary Session 2: DOGE and the Future of the Federal Workforce
10:35 a.m. – 11:50 a.m.
Lunch
11:50 a.m. – 12:20 p.m.
Luncheon Panel: Executive Authority v. Judicial Power: Nationwide Injunctions and TROs
12:20 p.m. – 1:35 p.m.
Plenary 3: The Constitutionality and Economics of Presidential Tariffs and Impoundment
1:45 p.m. – 3:00 p.m.
Plenary 4: The Art of Deregulation: Executive Orders and Limited Government
3:05 p.m. – 4:20 p.m.
Closing Address
4:30-5:00
Closing Reception
5:00-6:00pm
Speakers:
- Prof. Eric Bolinder, Assistant Professor of Law, Liberty University School of Law
- Prof. Bridget C.E. Dooling, Assistant Professor of Law, Moritz College of Law, The Ohio State University
- Prof. Susan E. Dudley, Distinguished Professor, Regulatory Studies Center, George Washington University
- Hon. Ryan T. Holte, Judge, United States Court of Federal Claims & Jurist-In-Residence Professor of Law, The University of Akron School of Law
- Mr. William C. Hughes, Senior Counsel, Consensys Software
- Mr. Mike Gonzalez, Angeles T. Arredondo E Pluribus Unum Senior Fellow, The Heritage Foundation
- Ms. Elaine C. Kamarck, Senior Fellow & Founding Director of Center for Effective Public Management, The Brookings Institution
- Prof. Tyler B. Lindley, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University
- Prof. Jenn Mascott, Associate Professor of Law at Columbus School of Law, Catholic University of America
- Prof. Michael T. Morley, Sheila M. McDevitt Professor of Law, Florida State University College of Law
- Hon. Jesse Panuccio, Partner, Boies Schiller Flexner LLP; Former Acting Associate Attorney General, U.S. Department of Justice
- Prof. Jed Shugerman, Professor, Boston University School of Law
- Prof. Alan M. Trammell, Professor, Washington and Lee University School of Law
- Hon. Lawrence VanDyke, Judge, United States Court of Appeals, Ninth Circuit
- Dr. Philip Wallach, Senior Fellow, American Enterprise Institute
- Mr. Adam White, Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
- Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
Cost:
- Conference (with no CLE) - $50 ($25 for Members)
- Conference with CLE - $100 ($50 for Members)
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9:00 a.m. - 9:15 a.m.
Welcome and Opening
The Mayflower Hotel
1127 Connecticut Avenue
Washington,, DC 20036
1127 Connecticut Avenue
Washington,, DC 20036
9:15 a.m. - 10:30 a.m.
Plenary 1: The End of Humphrey’s Executor?
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Description
Does the President control independent agencies? This panel will examine the Trump administration’s efforts to reassert presidential control over independent federal agencies, considering the constitutional, legal, and practical implications of such actions. Central to the discussion will be Humphrey’s Executor v. United States, which upheld the independence of certain regulatory bodies by limiting the President’s removal power, and the perspectives raised by legal cases such as Hampton Dellinger’s, which questioned the administration's authority over the removal of agency officials. Proponents argue that increased presidential oversight enhances accountability, ensuring agencies align with elected leadership’s policies, while critics warn that such changes could erode agency independence and introduce political influence into regulatory decisions. The discussion will consider whether these changes promote efficient governance or threaten the integrity of federal oversight.
Featuring:
- Prof. Jenn Mascott, Associate Professor of Law at Columbus School of Law, Catholic University of America
- Prof. Jed Shugerman, Professor, Boston University School of Law
- Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
- (Moderator) Hon. Neomi Rao, Judge, United States Court of Appeals, District of Columbia Circuit
Speakers
10:35 a.m. - 11:50 a.m.
Plenary 2: DOGE and the Future of the Federal Workforce
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Description
On January 20th, 2025, President Trump established the Department of Government Efficiency (DOGE) by executive order. DOGE and its head, Elon Musk, hope to reduce the size and inefficiencies of the administrative state and return the federal bureaucracy to being accountable to the President and, ultimately, the people. While the scope and extent of this mission are still to be determined, one of DOGE's early endeavors is to dramatically reduce the number of civil service employees determined to be unnecessary or wasteful. While many are vocal in their support of these actions, they are not without pushback, including several legal challenges.
What is DOGE, and are its structure and actions legal? Where does the power to remove civil servants rest? Are there limits to that power? What impacts will their removals have on the Executive Branch?
Featuring:
- Mr. Mike Gonzalez, Angeles T. Arredondo E Pluribus Unum Senior Fellow, The Heritage Foundation
- Ms. Elaine C. Kamarck, Senior Fellow & Founding Director of Center for Effective Public Management, The Brookings Institution
- (Moderator) Hon. Ryan T. Holte, Judge, United States Court of Federal Claims & Jurist-In-Residence Professor of Law, The University of Akron School of Law
Speakers
11:50 a.m. - 12:20 p.m.
Lunch
The Mayflower Hotel
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
12:20 p.m. - 1:35 p.m.
Roundtable Discussion: The Constitutionality of Nationwide Injunctions and TROs Against Executive Action
The Mayflower Hotel
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
Description
In recent years, the use of Nationwide Injunctions and Temporary Restraining Orders (TROs) by federal courts—often issued by a single district judge—has sparked renewed debate over the proper role of the judiciary in checking executive power.
Proponents argue that such remedies are necessary to ensure uniformity in the application of federal law and to provide meaningful relief in cases where the Executive, as a national actor, enforces policies that affect individuals and entities across the country. To deny courts this authority, they contend, would result in a fragmented legal landscape in which the same executive action may be simultaneously lawful in some jurisdictions and unlawful in others.
Critics, however, view these sweeping orders as exceeding the bounds of judicial power and disrupting the constitutional balance among the branches. From this perspective, nationwide relief interferes with the President’s duty to “take Care that the Laws be faithfully executed,” and transforms individual cases into de facto referenda on national policy.
With recent high-profile Executive actions once again drawing TROs and Nationwide Injunctions from federal courts, this roundtable will offer a range of perspectives to examine whether such remedies represent a proper exercise of judicial authority.
Featuring:
- Prof. Tyler B. Lindley, Associate Professor of Law, J. Reuben Clark Law School at Brigham Young University
- Prof. Michael T. Morley, Sheila M. McDevitt Professor of Law, Florida State University College of Law
- Hon. Jesse Panuccio, Partner, Boies Schiller Flexner LLP; Former Acting Associate Attorney General, U.S. Department of Justice
- Prof. Alan M. Trammell, Associate Professor of Law, Washington and Lee University School of Law
- (Moderator) Hon. Lawrence VanDyke, Judge, United States Court of Appeals, Ninth Circuit
Speakers
1:45 p.m. - 3:00 p.m.
Plenary 3: The Constitutionality and Economics of Presidential Tariffs and Impoundment
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Description
Congress holds the purse strings, but just how much can the executive guide Congress’ hand? This question has been brought into the spotlight by recent Trump Administration actions—such as impoundment of funds and the levying of tariffs—that are aimed at curbing government spending and growing the domestic economy. Some argue that these are usurpations of executive branch power, taking over duties given expressly to Congress by the Constitution. Others contend, however, that these powers are crucial elements of a strong and energetic executive, and are implied by Article II of the Constitution. Is the impoundment power a legitimate extension of executive authority? Can Congress delegate its powers over trade to the president? This panel will discuss these questions and more with a view to current legal and governmental disputes.
Featuring:
- Prof. Eric R. Bolinder, Assistant Professor of Law, Liberty University School of Law
- Mr. Trent McCotter, Partner, Boyden Gray PLLC
- Dr. Philip Wallach, Senior Fellow, American Enterprise Institute
Speakers
3:05 p.m. - 4:20 p.m.
Plenary 4: The Art of Deregulation: Executive Orders and Limited Government
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
Description
Since taking office on January 20, 2025, President Trump has emphasized deregulation. Deregulatory efforts have focused both on undoing Biden-era policies in areas of interest (environmental regulation, SOGI issues, immigration, etc.) and on a broader effort to limit the scope of administrative power more broadly. In light of these strong changes, this panel will discuss the history of deregulation efforts in the Executive Branch, how those compare to the deregulatory efforts of the Trump Administration, and what these changes may mean both practically and more institutionally for the future of the Administrative State.
Featuring:
- Prof. Bridget C.E. Dooling, Assistant Professor of Law, Moritz College of Law, The Ohio State University
- Prof. Susan E. Dudley, Distinguished Professor, Regulatory Studies Center, George Washington University
- Mr. William C. Hughes, Senior Counsel, Consensys Software
- (Moderator) Mr. Adam White, Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Speakers
4:30 p.m. - 5:00 p.m.
Closing Address
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036
5:00 p.m. - 6:00 p.m.
Closing Reception
The Mayflower Hotel
1127 Connecticut Avenue
Washington, DC 20036
1127 Connecticut Avenue
Washington, DC 20036