Prof. John Harrison: Remand Without Vacatur Assumes that Unlawful Regulations Bind Until Courts Act

I'm delighted to report that Prof. John Harrison (University of Virginia) will be guest-blogging this week on the subject of Administrative Procedure Act remedies, and specifically the putative remedy of "remand without vacatur." APA remedies is a huge and recurring question, and it has new urgency after the Supreme Court's cert grant in United States v. Texas.

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Thanks to a kind invitation from Sam Bray on behalf of the Volokh Conspiracy blog, I'll be doing a series of posts based on an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law. The article is forthcoming in the BYU Law Review, whose editors have graciously agreed to this preview. The current version is posted to SSRN.  (Thanks also to Volokh blogger Jonathan Adler for comments on the draft.)