Simon Brewer

Note

The Attorney General’s Settlement Authority and the Separation of Powers

Can the federal government make policy when it settles litigation? Surprisingly, yes. This Note offers a comprehensive account of the Department of Justice’s authority to enter into policymaking settlements, and a new separation-of-powers defense of that authority. Ultimately, policymaking settlements can fit comfortably within existing administrative-law norms.

Nov 1, 2020