Advisory Opinions The Future of the Administrative State | Interview: Adam White
Nov 27, 2025
In this engaging discussion, Adam White, co-director of the C. Boyden Gray Center at Antonin Scalia Law School, dives into the future of the administrative state. He explores key issues like the Roberts Court's handling of administrative law, the significance of interim Supreme Court orders, and the implications of INS v. Chadha on legislative power. Adam warns that removing the independence of agencies risks centralizing power in the presidency and discusses the potential revival of Congress's policymaking role. It's a thought-provoking look at the intersection of law and political dynamics.
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Who Versus What Framework
- The Court separates cases into "who" (removal power) and "what" (policy discretion) categories.
- Recent jurisprudence expands presidential removal power while constraining presidential policymaking discretion.
Read Shadow Docket Orders Cautiously
- Shadow-docket orders give signals but often lack full reasoning and thus risk misinterpretation.
- Lower courts should treat such interim orders cautiously until the Supreme Court issues full merits opinions.
Assume Precedent Stands Until Changed
- Lower courts should assume existing Supreme Court precedents remain binding until explicitly overturned.
- Read interim orders harmoniously with precedent using an "interim docket canon" of interpretation.