RTP's Fourth Branch Podcast

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RTP's Fourth Branch Podcast

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

  1. 10 JAN

    Explainer Episode 83 - The Failed JetBlue-Spirit Merger: The Past and Present Approach to Mergers

    In November 2024, Spirit Airlines filed for bankruptcy after a federal judge blocked their proposed merger with JetBlue Airlines earlier that year. Far from simply impacting travel plans, however, the failed merger shows the Federal Trade Commission's recent focus on efficiency. Former FTC General Counsel Alden Abbott joins the podcast to discuss the antitrust background of the case, and whether such federal interference actually benefits consumer competition.

    27 min

  2. 9 JAN

    Deep Dive Episode 302 - Department of Government Efficiency: Opportunities and Challenges (Part I)

    President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency “to cut the federal government down to size.” In a Wall Street Journal op-ed last month, Musk and Ramaswamy promised DOGE would yield “a drastic reduction in federal regulations” that would pave the way for “mass head-count reductions across the federal bureaucracy.” So far, however, there are questions about the specifics of how the new president would nullify thousands of regulations. Hon. Susan Dudley discusses what the future of DOGE may look like in an article for Forbes and a second piece in the Wall Street Journal. In addition, Prof. Nicholas Bagley discusses DOGE in his article for The Atlantic. Please join us on December 19 at 3 PM EST, as this panel will provide a practical overview of how DOGE might operate to reduce regulations, and the opportunities and challenges it will face. Featuring: Hon. Susan Dudley (Moderator), Founder, GW Regulatory Studies Center & Distinguished Professor of Practice Trachtenberg School of Public Policy & Public Administration, George Washington University Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School Prof. Christopher Walker, Professor of Law, University of Michigan Law School

    58 min

  3. 9 JAN

    Deep Dive Episode 303 - Department of Government Efficiency: Opportunities and Challenges (Part II)

    President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency (“DOGE”). In a Wall Street Journal op-ed this past November, the pair explained that they have a sweeping mandate to cut the overreaching contra-constitutional federal bureaucracy “down to size” and “deliver a federal government that would make our Founders proud.” They said they will first focus on identifying executive actions that can be taken to rescind “thousands” of regulations that exceed the statutory authority of the issuing agencies. These dramatic regulatory rollbacks will support significant agency staff reductions in force and other cost-saving administrative reforms. Musk and Ramaswamy alsopromised that DOGE will cut the size and cost of government by challenging the constitutionality of the 1974 Impoundment Control Act and identifying executive actions that can be taken to materially improve the cost-effectiveness of the government’s procurement process. The panel discussion in Part One of this program, Department of Government Efficiency: Opportunities and Challenges (Part I) discussed the main challenges that DOGE will face as it attempts to fulfill its sweeping mandate within the eighteen-month time limit set for the task. These challenges include the certainty that widespread resistance to DOGE will be mounted by interests benefitting from the status quo, the complexity and length of the typically contested process required to rescind existing regulations, and the strength of the widely held conflicting belief that administrative reform efforts should be focused on improving regulation rather than simply eliminating regulation. Part II of this program will continue a discussion of the challenges that DOGE will face, and will also identify some specific executive actions that could mitigate at least some of these challenges. Featuring: Abhishek Kambli, Deputy Attorney General, Office of the Kansas Attorney General J. Kennerly Davis, Senior Attorney, Former Deputy Attorney General for Virginia (Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together

    57 min

  4. 18/12/2024

    Explainer Episode 82 - Is Gender Dysphoria a Protected Disability?

    In this episode, Rachel Morrison from the Ethics and Public Policy Center and Gregory Baylor from Alliance Defending Freedom discuss recent court and agency decisions. These experts discuss whether “gender dysphoria” is a “disability” under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Featuring: Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom Rachel Morrison (Moderator), Fellow, Ethics and Public Policy Center

    49 min

  5. 16/12/2024

    Explainer Episode 81 - State AG Litigation Against Federal Agencies: A Kansas Perspective

    State Attorneys General have been active in recent years in filing lawsuits against federal agencies. From cases like West Virginia v. EPA to Biden v. Nebraska, state AG lawsuits have prevented significant overreach by federal agencies. In the past year, the Office of the Kansas Attorney General has been one of the most active in this space. Abhishek Kambli and Erin Gaide from the Kansas AG's office discuss the litigation that their office has done this past year. They have filed lawsuits in cases such as Kansas v. Biden (later retitled Alaska v. Department of Education) that challenged the $475 billion student loan forgiveness plan called "SAVE" and Kansas v. Department of Education that challenged the new Title IX regulation that expanded the definition of sex to include gender identity. Abhishek Kambli and Erin Gaide discuss these and other cases in depth to provide a window into this unique type of litigation. Featuring: Abhishek Kambli, Deputy Attorney General, Kansas Office of the Attorney General Erin Gaide, Assistant Attorney General, Kansas Office of the Attorney General

    32 min

  6. 16/12/2024

    Deep Dive 302: Is FTC Administrative Litigation Constitutional?

    Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the President cannot remove Administrative Law Judges nor FTC Commissioners, and FTC Commissioners both vote to issue the complaint and decide its merits in proceedings. Parties before the DOJ-Antitrust Division, on the other hand, go directly before an Article III judge, and avoid administrative litigation altogether. This panel, featuring the former FTC Acting Chairman, Commission advisors, and administrative law experts, discussed these and other constitutional challenges to FTC’s administrative litigation. If the courts ultimately uphold constitutionality, is Congressional reform warranted? Should FTC’s administrative tribunal be abolished altogether? Or are internal process reforms sufficient to afford fairer process? Keith Klovers' article, "Three Options for Reforming Part 3 Administrative Litigation at the Federal Trade Commission," as referenced in the discussion.

    1h 1m

  7. 10/12/2024

    Immigration Enforcement, Business Compliance, and the Equal Access to Justice Act

    In this episode, Randel K. Johnson and Andrew Kilberg discuss the often ephemeral nature of the Rule of Law in immigration and other enforcement proceedings, with a particular focus on the challenges faced by small businesses when confronted with a heavy-handed bureaucracy and the practical difficulties of obtaining judicial review. The experts also examine the Equal Access to Justice Act (EAJA), considering potential legislative reforms to improve the ability of small entities to vindicate their rights before agencies and the courts while improving enforcement and maintaining accountability in regulatory matters. Featuring: Randel Keith Johnson, Immigration Academic Fellow, Cornell Law School Andrew Kilberg, Partner, Gibson Dunn

    31 min

  8. 16/11/2024

    Explainer Episode 79- Don't Chase Rabbit Trails: The SEC Now and in the Next Administration

    In this episode, financial experts look back on recent SEC regulation, enforcement, and litigation, as well as their predictions for the next SEC leadership under a second Trump administration. C. Wallace DeWitt, Securities lawyer Brian Knight, Director of Innovation and Governance and Senior Research Fellow, Mercatus Center at George Mason University Jennifer Schulp, Director of Financial Regulation Studies, Cato Institute’s Center for Monetary and Financial Alternatives

    52 min
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About

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

Information

  • Creator
    The Federalist Society
  • Years Active
    2017 - 2025
  • Episodes
    405
  • Rating
    Clean
  • Copyright
    © Copyright The Federalist Society
  • Show Website
    RTP's Fourth Branch Podcast

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