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Sadie Blanchard

@profblanchard.bsky.social

Law professor at @NDLaw. I teach and write about contracts, cross-border business, reputation, law and private ordering

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Emily Bremer@emilysbremer.bsky.social · 6mo ago

I'm delighted to share that this article will be published in the @yalelawjournal.bsky.social. As promised, I've posted the draft @ssrn.bsky.social: papers.ssrn.com/sol3/papers....

papers.ssrn.com

Emily Bremer@emilysbremer.bsky.social · 7mo ago

Coming soon to SSRN, Vacatur Within the Appellate Model of Judicial Review, an article that started as a small intervention into the vacatur debate but grew into the judicial review installment of my multi-year project on the Administrative Procedure Act.

Screenshot of an article abstract: VACATUR WITHIN THE APPELLATE MODEL OF JUDICIAL REVIEW Emily S. Bremer Draft of Jan. 27, 2026 This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist objections to judicial vacatur of agency rules neglect this broader structure and impose upon the APA a modern idea of remedies that crystallized decades after the statute’s 1946 enactment. Understood on its own terms, the APA uses pre-APA principles governing appellate jurisdiction to provide a constitutionally calibrated remedy for unlawful agency action. This Article uncovers those principles, and it argues that vacatur is not an equitable remedy but an appellate determination. It is statutorily authorized when an agency action is properly before a court on judicial review and is found to be unlawful under the applicable standard of review. But the approach has implications beyond vacatur, offering a revelatory blueprint for the APA’s judicial review section. This blueprint can help to address some of the most intractable problems in the judicial review of agency action, including the timing of judicial review of rules, the relationship between APA review and other remedies, and the role of the scope of review in keeping courts within Article III’s boundaries.