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Separation of Powers

April 19, 2021

The Hill: Congress and the administration cannot play games with the Congressional Review Act

On March 19, Rep. Jamie Raskin (D-Md.) sent a letter to the Office of Management and Budget acting director, requesting that the OMB freeze and repeal any previous administration regulations that were not sent to Congress as required by the Congressional Review Act (CRA). While Congress and the president have the authority to roll back ...

April 14, 2021

Can the government force you to get a vaccine?

The COVID-19 vaccine is one of the greatest advancements of medical science ever. But while the vaccine represents a welcome key to finally overcoming COVID-19, it has also renewed the questions surrounding government's involvement in our health. Confusion and debate around vaccine eligibility or "vaccine passports" all lead to one central question ...

April 09, 2021

There are better ways to house people than by banning evictions

A common government response to the pandemic has been to freeze evictions to keep people housed. While these moratoria may be attractive on the surface, this shortsighted tactic will only constrict access to affordable housing. There are better paths forward. Pacific Legal Foundation has challenged several of these eviction moratoria in court (see ...

April 08, 2021

Arizona Capitol Times: It’s past time to rein in governor’s emergency powers

In late January 2020, Arizona logged its first recorded Covid infection. Just over six weeks later, the pandemic had spread so widely that Gov. Doug Ducey declared a statewide emergency. As we've passed the anniversary of that emergency declaration, it's worth reflecting on what we've learned from the extraordinary events of the last year. One ...

April 07, 2021

The Hill: The Biden administration should join the fight against overcriminalization

Four years ago, no one would have believed that the administration of former President Trump would have been defined, in part, by major criminal justice reforms. The bipartisan First Step Act rightfully made plenty of headlines and received praise from across the political spectrum. But one executive order in the final days did not garner ...

April 05, 2021

State legislatures should be reining in executive emergency powers

Co-authored by Nick Murray from Maine Policy Institute. This month marks the one-year anniversary of when states and the federal government first declared states of emergency over the spread of COVID-19. Much has changed since then in how we understand the virus, as well as the effects of lockdowns, stay-at-home orders, school closures, and "non-es ...

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