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What “Necessary” Really Means: Kara Rollins on Fixing Discretion in Federal Law
Description
John Vecchione sits down with NCLA’s Kara Rollins to unpack her new article published in the Yale Journal on Regulation, written as part of an online symposium analyzing Senator Eric Schmitt’s post–Loper Bright working-group report. Kara breaks down the misunderstood concept of “necessary” discretion in statutes, how agencies exploit vague language to expand their power, and why Congress should reform definition sections—rather than abandon useful legislative terms. They also discuss real-world examples from NCLA’s litigation, including R-CALF and Magnuson-Stevens, and explore how tighter drafting could rein in overreach in the post-Chevron era.
Read Kara’s full article here:
https://www.yalejreg.com/nc/necessary-discretion-a-primer-for-non-lawyers-by-kara-mckenna-rollins/