Articles

An otherwise routine Arizona Supreme Court case has become the focal point to decide the constitutionality of a state agency practice called “incorporation by reference.” It happens when state agencies adopt rules written by federal agencies or private groups, making them Arizona law. The constitutionality of “incorporation by ref ...

Millions of people directly or indirectly regulated by the Department of Health and Human Services (HHS) will be adversely affected if the agency follows the president’s order and returns to shadow lawmaking. Issuing guidance documents as enforceable law has been wrong for decades. Dozens of court cases interpreting the Constitution and feder ...