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Reason : The Respect for Marriage Act Shows That Congress Can Still Do Its Job

November 30, 2022 | By ALISON SOMIN

In the wake of the Supreme Court’s West Virginia v. EPA decision in June, prominent commentators complained that Congress is too broken to solve major problems, and thus, the executive branch must take action—even if it’s unlawful. … ...

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The Federalist : These Two SCOTUS Cases Could Put The Administrative State In Its Place

November 07, 2022 | By ALISON SOMIN

Justice delayed is justice denied — or so the old saying goes. And although swimming in complex factual and legal issues, two cases that will be argued at the Supreme Court on Monday will put that adage to the test. Start with Axon Enterprise v. Federal Trade Commission. The company makes police body cameras and digital evidence … ...

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The Federalist : SCOTUS Can Uphold Either Race-Based College Admissions Or Constitutional Equality, Not Both

October 31, 2022 | By ALISON SOMIN

The Supreme Court will take up the case brought by Students for Fair Admissions (SFFA) against Harvard and the University of North Carolina on Monday. SFFA simply asks that universities judge applicants on their individual achievements, rather than taking their skin color into account. … ...

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Law & Liberty : Infantilizing Congress

September 05, 2022 | By ALISON SOMIN

Is Congress nowadays too broken to enact significant legislation? Some critics of the Supreme Court’s recent decision in West Virginia v. EPA, a challenge to the EPA’s Clean Power Plan, say so. … ...

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The Hill : DOJ’s proposed third-party settlement payment rule is ripe for abuse

August 08, 2022 | By ALISON SOMIN

Imagine that the Justice Department has settled a big case against a bank accused of race discrimination in lending. Many people have come forward to claim their portion of the settlement fund, but not as many as the parties initially estimated and significant money remains unclaimed. What should happen to the leftover money? Should it … ...

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The Hill : No, Jarkesy v. SEC won’t end the administrative state

July 11, 2022 | By ALISON SOMIN

“A wild new court decision that would blow up much of the government’s ability to operate.” That’s how Vox’s Ian Millhiser characterizes the U.S. Fifth Circuit’s decision in Jarkesy v. Securities and Exchange Commission — which the SEC since has asked the court to reconsider en banc. And while this case has bee ...

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Daily Journal : A review of Sexual Justice by Alexandra Brodsky

May 19, 2022 | By ALISON SOMIN

During the Obama administration, the Department of Education’s Office for Civil Rights (OCR) made significant efforts to crack down on sexual misconduct on college campuses, pursuant to its power to enforce Title IX of the Education Amendments of 1972, which prohibits sex discrimination by federal funding recipients. OCR issued guidance (the ...

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The Hill : ‘Coalition for TJ’ ruling shows courts can stop cheating on race preferences

May 16, 2022 | By ALISON SOMIN

A federal district court recently struck down the Fairfax County School Board’s (FCSB) revamped admissions scheme at the highly selective magnet school, Thomas Jefferson High School, in Alexandria, Va., as racially discriminatory against Asian American students. Although a 2-1 Fourth Circuit panel stayed the Coalition for TJ v. FCSB judgment ...

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The Tennessean : Tennessee will end government agency favor in courts with new judicial bias law

April 11, 2022 | By ALISON SOMIN

The Tennessee legislature recently struck a blow for the individual freedoms of Tennesseans by approving SB2285, which Governor Lee is expected to sign. Though Governor Lee has admirably scaled back bureaucracy on many fronts, Tennesseans still must deal with government agencies from time to time. In these interactions, sometimes the individual and ...