I found myself asking the titular question earlier this week while testifying at a Joint Western Caucus hearing on Capitol Hill. During his principal comments, Senator Mike Lee, junior senator from Utah, suggested that one reason why EPA and other agencies have run amok is that Congress has granted them significant rulemaking power with little o ...
Over at The Volokh Conspiracy Professor Ilya Somin wonders whether Fisher may turn out to be a Pyrrhic victory for opponents of racial preferences. He argues: If the Supreme Court strikes down explicit race-based affirmative action, but endorses the ten percent plan and other similar ‘race-neutral’ subterfuges, we might end up with ...
Tickets for PLF’s Spring Gala in Napa on April 20 are currently on sale. Purchase by Saturday, and you will qualify for our early-bird pricing! … ...
CFIF’s Ashton Ellis has some nice comments about PLF’s efforts in Coons v. Geithner here. That’s the case challenging the Independent Payment Advisory Board, the new agency that exercises virtually unchecked authority over Medicare reimbursement rates. We argued in this amicus brief that IPAB is unconstitutional. As Ellis h ...
The Supreme Court will be hearing three days of oral argument in the lawsuits challenging the constitutionality of the Patient Protection and Affordable Care Act. The issue that’s getting most attention is the constitutionality of the Individual Mandate, but the Supreme Court will also be hearing oral arguments on the question of “sever ...
I was fortunate to appear on Armstrong and Getty this morning. You can listen to the podcast here. In the first segment we talked about Fisher exclusively. In the second segment we talked about a lot of different PLF cases including Sackett and Obamacare. Here is the Reason TV video on the Sackett case that was … ...
Pacific Legal Foundation was founded on March 5, 1973. On Monday, we will be celebrating 39 years of fighting for freedom, and wish to thank all of those who have supported us over the years with their donations, their time, their energy, their work, their commitment, and their moral support. If you would like to … ...
Today, CBN News posted an interview with PLF attorney Ted Hadzi-Antich on the EPA’s regulation of CO2 (carbon dioxide) as a “pollutant” under the Clean Water Act. PLF’s lawsuit challenging the ruling focuses on the EPA’s refusal to submit the regulation to an independent Science Advisory Board for review, which is re ...
Professor Somin has responded to my post criticizing his view of the Top Ten Percent Law. As I noted in my first post, Professor Somin and I generally agree on the problems with the diversity rationale, and, I imagine, we both favor a system where universities do not use race as an admissions criterion (either overtly … ...