Articles

National Review : States Should Jettison Chevron-Style Deference

February 22, 2024 | By ELIZABETH SLATTERY

Last month, the Supreme Court heard oral arguments in two cases striking at the heart of a legal doctrine that props up the administrative state: Chevron deference. Herring fishermen are challenging a National Marine Fisheries Service (NMFS) regulation that requires them to pay the salary of federal monitors riding on their fishing boats. In the ...

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How does a case get to the Supreme Court?

January 19, 2024 | By ELIZABETH SLATTERY

“I’ll take it all the way to the Supreme Court.” It’s far easier said than done, and it can take years for a legal battle to wind its way through the courts. When the federal government is on the other side—as it often is in Pacific Legal Foundation cases—it takes a relentless, determined attitude to … ...

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National Review : The Supreme Court Isn’t as Divided as You Think

June 12, 2023 | By ELIZABETH SLATTERY

‘Samuel Alito’s Assault on Wetlands Is So Indefensible That He Lost Brett Kavanaugh” reads one headline about a recent Supreme Court decision. A casual reader might come away with the impression that the Court had just issued a deeply divided ruling. But, in fact, the Court had unanimously sided with the petitioners; the justices had ...

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SCOTUSblog : When the president takes lawmaking matters into his own hands, the court must step in

February 23, 2023 | By ELIZABETH SLATTERY

Every presidential administration reaches a point where the president is tempted to take lawmaking matters into his own hands. “I’ve got a pen and I’ve got a phone,” Barack Obama famously put it. Frustrated by a Congress that can’t or won’t accede to their preferred policies, presidents turn to executive orders a ...

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The Hill : Expect more headlines from the Supreme Court in the new year

January 03, 2023 | By ELIZABETH SLATTERY

After an action-packed start to the term, the Supreme Court returns to the bench next week for the first winter oral argument sitting. And while the term was frontloaded with headline-grabbing cases, the court has a few high-profile cases coming up — and even more waiting in the wings. In February, the justices will hear … ...

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Fox News : Admin desperate to avoid legal challenges to student loan handout

October 10, 2022 | By ELIZABETH SLATTERY

In late August, the Biden Administration announced its intent to cancel an estimated $500 billion in student debt held by more than 40 million borrowers. … ...

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The Oklahoman : Licensing boards must be accountable to Oklahomans

February 11, 2022 | By ELIZABETH SLATTERY

In Oklahoma, unelected licensing boards have the power to keep people out of their desired professions. But reform is underway to make Oklahoma licensing boards more accountable to the people and less prone to being dominated by special interests. Licensing boards are typically comprised of several members who set standards that professionals must ...

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What we can learn from Antonin Scalia and Ruth Bader Ginsburg’s friendship

February 11, 2022 | By ANASTASIA BODEN AND ELIZABETH SLATTERY

Sunday marks six years since Justice Antonin Scalia passed away. It’s a fitting occasion to remember the late Justice and his legacy. But one of the greatest aspects of his legacy has nothing to do with the law. It was his friendship with his ideological foe, Justice Ruth Bader Ginsburg. The Justices eventually came to … ...

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The Hill : What Joe Biden can learn from Harry Truman’s failed steel seizure

January 24, 2022 | By ELIZABETH SLATTERY

As we head into the third year of dealing with the COVID-19 pandemic, many Americans are growing weary of the restrictions on daily life — with no end in sight. From the president of the United States all the way down to the county level, executives have taken extraordinary action in response to the pandemic. … ...