Until recently, the domain of administrative records under the Administrative Procedure Act of 1946 was viewed by most as a peripheral issue to litigation challenging executive branch actions. The landscape shifted in June 2019 when the Supreme Court decided Department of Commerce v. New York, which considered whether the U.S. Census Bureau lawfully added a question to the impending 2020 census that asked respondents whether they are U.S. citizens. The Court addressed the composition of the administrative record in APA litigation for the first time in decades. The majority concluded that the trial court had prematurely ordered supplementation of the record, but held that the order was justified in hindsight. This teleforum examines the domain of APA administrative records following Department of Commerce and its effects on administrative law.

Featuring:
-- Prof. Aram A. Gavoor, Professorial Lecturer of Law, The George Washington University Law School
-- Brett A. Shumate, Partner, Jones Day
-- Moderator: Prof. Adam J. White, Assistant Professor and Executive Director of The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University