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Author: Elizabeth Slattery

October 08, 2020

Cases to watch this upcoming Supreme Court term

The first Monday in October marked the opening of a new Supreme Court term. The Justices returned this week to conduct oral arguments by phone, as they had last spring. And aside from the phone line going dead for about a minute during argument on Tuesday, the Court and court watchers alike are settling into ...

October 06, 2020

The Detroit News: How a Supreme Court with eight justices works

The passing of Justice Ruth Bader Ginsburg just weeks before the start of the Supreme Court's 2020-21 term has left many wondering: What happens when there's an eight-member court? We don't have to look back far to find the answer. The court soldiered on from February 2016 until April 2017 with eight justices after the ...

September 19, 2020

Fox News: Ruth Bader Ginsburg was a lioness of the law

Justice Ruth Bader Ginsburg, who served for 27 years on the U.S. Supreme Court, passed away on Friday. When her longtime friend and fellow opera fan, Justice Antonin Scalia, died in 2016, Ginsburg lamented that the court would be a "paler place" without her ideological opponent and debate partner. The court will be an even ...

September 09, 2020

The Hill: How agencies should implement the regulatory ‘bill of rights’

Last week, President Trump's regulatory czar Paul Ray, head of the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA), issued a "best practices" memo instructing executive departments and agencies how to implement the regulatory bill of rights issued a few months ago. This builds on President Trump's May 19 execut ...

June 15, 2020

The Hill: The First Amendment protects attorneys from compelled speech

Imagine being forced, as the price of doing business, to pay for a trade association's speech on gun control, immigration, abortion, affirmative action, and many other hot-button political issues. That's the situation attorneys in many states face just to do their jobs. Whether or not they agree with the bar association's political and ideological ...

May 26, 2020

The Wall Street Journal: It’s about time we got a Bill of Rights for the regulatory state

One of the first actions of Congress in 1789 was proposing a bill of rights that limited government power and guaranteed the liberties of the American people. Power has since shifted from Congress to an unaccountable regulatory state, but there is no equivalent bill of rights to limit its power or protect liberty in the ...

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