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 … ...


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 ...


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 ...


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 ...


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 ...


Daily Journal : Major questions about the Major Questions Doctrine

March 08, 2022 | By ALISON SOMIN

Although the U.S. Supreme Court’s opinions about workplace vaccine-or-test requirements have received much media commentary from vaccine advocates and detractors, these cases are much more than flashpoints in COVID-related culture wars. Instead, the court’s ruling in NFIB v. OSHA/Ohio v. OSHA, 2022 DJDAR 549 (Jan. 13, 2022), is importan ...


The Hill : No, plaintiff wins in the Harvard and UNC cases wouldn’t be undemocratic

February 14, 2022 | By ALISON SOMIN

Would a win for the plaintiffs challenging race-preferential admissions at Harvard and the University of North Carolina be an anti-democratic result — an example of how, as progressive legal commentator Mark Joseph Stern of Slate has put it, “Republicans have outsourced large chunks of their agenda to the federal judiciary and the Supreme C ...


Washington Examiner : Supreme Court could rein in the administrative state

December 29, 2021 | By ALISON SOMIN

Could a Supreme Court opinion about the arcane question of hospital reimbursement rates deal a critical blow to the unconstitutional nature of the federal regulatory state? The narrow issue in American Hospital Association v. Becerra is about the proper interpretation of the rules that the Department of Health and Human Services must follow when se ...


Daily Journal : Harvard admissions case gives high court chance to revitalize equal treatment

December 16, 2021 | By ALISON SOMIN

Should racial preferences in university admissions be legal? The U.S. Supreme Court has an opportunity to revisit that hotly debated question if it decides to take up Students for Fair Admissions v. Harvard (about racial preferences at a private college) and/or Students for Fair Admissions v. University of North Carolina (preferences at a public un ...