When and Why Agencies Must Decide for Themselves: Judge Williams’s Restrictive Approach to Administrative Subdelegation

Abstract

Judge Stephen F. Williams, for whom I had the privilege of clerking from 2003-2004, was an extraordinary person: a gentleman, a scholar, a mentor, and a judge’s judge. He was also one of the most important contributors to the development of administrative law doctrine in the last two generations. His opinions were careful, nuanced, and cogent. They were also grounded in strong normative commitments without ever being doctrinaire or rigidly ideological. Whether you agreed or disagreed with Judge Williams’s analysis or conclusions in any given case, reading one of his opinions would enrich your understanding of the issues and clarify your thinking. His body of judicial opinions, together with his scholarly writings, are a rich source of insights. I can think of no more fitting tribute to Judge Williams than this Special Issue’s exploration of his contributions to doctrine and jurisprudence, and I am honored to have been invited to participate.