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Separation of Powers

August 13, 2020

The Hill: States should pay attention to Supreme Court justices’ comments on ‘reopening’ orders

The scope and duration of the stay-at-home orders issued by state governors this year are unlike any past pandemic orders in American history. So it is not surprising that several hundred lawsuits have been filed around the country to challenge their application in various contexts. A few of those cases have made their way to ...

August 06, 2020

Townhall: Congressional and state efforts to reform doctrine of Qualified Immunity underway

The killing of George Floyd in Minneapolis over Memorial Day Weekend sparked protests and nationwide discussions of race, police abuse and criminal justice reform — a discussion that has yet to abate. His tragic death also renewed focus on a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used a ...

July 31, 2020

The Hill: To cripple the abusive campus ‘sex bureaucracy,’ rein in the Title IX coordinators

If you want to entrench a government policy, make sure someone's job depends on enforcing it. Even if that person isn't a true believer in the program initially, she will be by the time her first paycheck arrives — and increasingly after that. That's certainly the case with the education system's Title IX coordinators, who ...

July 21, 2020

California Department of Public Health offers much-needed relief to personal care providers

Barbers, stylists, and other personal care providers across California were given new hope today. Small businesses all across California were devastated by California Governor Gavin Newsom's March 19, 2020, stay-at-home and shutdown order. No industry was harder hit than the personal services industry, as hair salons, barbershops, nail salons, ...

July 21, 2020

The Hill: Smart regulatory reform is an achievable goal ― Idaho has shown the way

Government bureaucracies tend to grow and become more bloated and ineffective over time. Sometimes this seems like an inexorable law of nature, like gravity. But it doesn't have to be that way. Regulatory inertia is not inevitable. Just look at Idaho, which has taken the lead in showing that reducing unnecessary regulation and limiting government ...

July 20, 2020

Governments should uphold separation of powers during COVID-19

As America begins to open up from the COVID-19 pandemic, various state and local stay-at-home orders, and the lifting of those orders, have been subject to legal challenges. Many of these lawsuits claim that government action violates the "separation of powers." Yet there is confusion as to what that term means and how it impacts ...

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