The question in this post’s title is the topic of a panel discussion that I’ll be taking part in this Friday with law professors Marty Lederman and Jennifer Mascott and constitutional lawyer David Rivkin. (I summarized here the Office of Legal Counsel’s recent opinion answering the question in the negative.)
The panel closes out an impressive day-long conference—“New Normals? The Trump Administration, the Courts, and Administrative Law”—that Adam White has organized in his capacity as director of the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School.