Articles

‘The use or misuse of that power is everything’ : Professor X’s lesson for the administrative state

May 09, 2022 | By DUNCAN SCHROEDER

Marvel fans far and wide are excited about the theatrical release of Dr. Strange in the Multiverse of Madness, which introduced X-Men franchise fan favorite Professor X to the Marvel Cinematic Universe. In the X-Men films, Professor X is a respected telepath who leads the mutants (humans with gene mutations that give them powers). The … ...

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What is the difference between originalism vs. textualism vs. living constitutionalism?

April 27, 2022 | By JAMES BURLING

While we hear legal debates around originalism vs. textualism during high profile Supreme Court cases, they can often feel like vague terms. What exactly is originalism vs. textualism?  The late Justice Antonin Scalia called himself both an originalist and a textualist. Justice Neil Gorsuch is cconsidered “a proud textualist,” and yet ...

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Law and Liberty : The legislature can still legislate

April 26, 2022 | By TODD GAZIANO

In the next few months, the Supreme Court will decide West Virginia v. EPA, a case that could be more important for what the justices say about the proper methods of statutory interpretation than whether a particular greenhouse gas regulation survives that evaluation. A New Yorker piece previewing the case earlier this year highlighted the … ...

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The Hill : Biden’s Department of Education begins new war on charter schools

April 19, 2022 | By CALEB KRUCKENBERG

Every parent wants their child to have access to a good education. But it’s no secret that your zip code makes a world of difference. Children in poor urban communities, who are overwhelmingly students of color, don’t have the same opportunities as students from the suburbs. Their public schools often fail them at the most … ...

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Tennessee Gov. Lee Signs Historic Bill Ending Wrongful Judicial Deference 

April 19, 2022 | By DANIEL DEW

Last Thursday, Tennessee Governor Bill Lee signed a historic piece of legislation that makes the legal system much fairer for Tennessee businesses and individuals. The new law flips wrongful judicial deference (also referred to as agency deference, or as Chevron or Auer deference at the federal level) on its head by instructing courts to review &# ...

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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 ...

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The Supreme Court is beholden to the Constitution—not voters 

April 11, 2022 | By NICOLE W.C. YEATMAN

In his April 8 New York Times column, Jamelle Bouie accuses the Supreme Court of being focused on “the interests and prerogatives of powerful political minorities—you might call them factions—that seek to dominate others free of federal interference.”   Bouie says that Americans frustrated with the Court might wish to get rid of j ...

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The Regulatory Review : The Biden administration should not sunset the Sunset Rule

April 04, 2022 | By CHARLES YATES

Entering its second year in office, the Biden Administration continues to undermine statutory constraints on the administrative state. Most recently, it proposed repealing the Securing Updated and Necessary Statutory Evaluations Timely rule, or Sunset Rule, that had previously been adopted by the U.S. Department of Health and Human Services (HHS) ...

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The Hill : After two long years, it’s past time to end Newsom’s emergency powers

March 18, 2022 | By LUKE WAKE

In March 2020, California Gov. Gavin Newsom declared a statewide public health emergency in response to the COVID-19 pandemic, allowing him to issue lockdown orders and close businesses however he saw fit. That was 744 days ago. Yet after so long — and even as the COVID cases drop — Newsom’s emergency order remains in … ...