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Separation of Powers

July 27, 2021

As pandemic subsides, why are governors still exercising “emergency powers”?

As the COVID-19 pandemic gradually recedes from the highs we saw in 2020, we should carefully reflect on what the past 15 months of a public health emergency have taught us. As a longtime advocate for individual liberty and limited government, here's the principal lesson I take from our pandemic experience: The separation of governmental ...

July 21, 2021

Governor Andrew Cuomo’s gun violence emergency order shows why unchecked executive powers are so dangerous

During the COVID-19 pandemic, governors across the country claimed extraordinary emergency power. For weeks and then for months and then for over a year, they used this purported authority to unilaterally shut down businesses, enact health and safety measures, and issue sweeping emergency orders. Such broad emergency power may have made sense in th ...

July 19, 2021

The Hill: Biden’s Education Department must choose accountability or a ‘Marbury v. Madison’ moment

The Biden presidency largely has been hailed as a return to normalcy, transparency and accountability following the tumultuous years of the Trump administration. Why then, is Biden's Department of Education refusing to allow one of its most important oversight boards to meet? The National Board for Education Sciences (NBES) is an advisory committee ...

July 16, 2021

Agency bureaucrats can’t ignore Marbury v. Madison

***Editor’s note: The Department of Education ignored our demand letter and failed to call the NBES meeting, so now we are seeking the NBES meeting in Court so Hanke, Yoo and NBES can carry out their oversight duties.   History and civics classes across the country teach the importance of political accountability for preserving individua ...

July 02, 2021

Five Supreme Court justices just signaled that the CDC’s eviction moratorium is unlawful. Here’s why that matters.

You may have seen the few news stories reporting that the Supreme Court on Tuesday refused to halt the CDC's eviction ban. That's true as far as it goes, but the media missed the real story, which is that five Justices on the Court signaled that they think the CDC's eviction ban is unlawful. Which ...

June 30, 2021

The Post and Courier: Court bumbles SC bee killing lawsuit but leaves a sweetener for property rights

Their farm was the bees' knees — in every way possible. Juanita Mae Stanley and her husband Mitch Yawn's business, Flowertown Bee Farm and Supplies, was idyllically set in Dorchester County. It was a place where the sky was abuzz with honeybees doing their part for humanity's survival by pollinating the local flora and producing ...