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Separation of Powers

October 04, 2021

Bureaucrats can’t ignore presidential appointments

Have you ever wondered what happens when a lame duck president appoints someone to a position that extends into the next president's term? Typically, once the new president takes office, he can remove appointees of past administrations and replace them with people he believes will advance the policy agenda of the White House. But what ...

September 30, 2021

Justice Breyer thinks court packing is a bad idea. We agree.

During the tour to promote his new book, The Authority of the Court and the Peril of Politics, Supreme Court Justice Stephen Breyer voiced his opposition to court packing. In an interview with NPR, Breyer bashed the idea of Congress "packing" the Court with extra seats in an attempt to change the ideological direction of ...

September 28, 2021

The government’s favorite argument when it loses in court

The government really doesn't like losing in court. But instead of accepting and enforcing the court's decision, it often tries to justify ignoring the broader implications of a ruling, by applying it only to the case at hand. Back in March, Pacific Legal Foundation struck a major blow to the Centers for Disease Control and ...

September 20, 2021

The Hill: Here’s why Biden’s vaccine mandate for private employers is a horrible idea

Last week, President Biden announced that the Occupational Safety and Health Administration (OSHA) soon will require all private employers with more than 100 employees to require workers to become vaccinated or submit to weekly COVID-19 tests. Whatever you think of vaccines or vaccine mandates, if you care about constitutional government, you shoul ...

September 17, 2021

The crisis exception to the Constitution?

When a great crisis visits the nation, the niceties of constitutionally protected rights must take a holiday. Only later, once the crisis has resolved, can we go about deciding which rights should be fully restored, and which rights should be modified to meet the new circumstances of a post-crisis world. Rights, after all, must give ...

September 15, 2021

The CDC’s eviction moratorium has ended—what exactly does this mean for renters and landlords?

When the Supreme Court ended the nationwide eviction moratorium, media outlets were filled with dire predictions. Millions of American families and their belongings would be tossed unceremoniously into the streets, they said. The newly homeless would overrun shelters and create new hotspots of COVID-19. Alarmists seemed to imagine heartless landlor ...