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Separation of Powers

January 12, 2021

The Hill: Enough is enough: It’s past time to rein in governors’ emergency powers

Since the beginning of the COVID-19 pandemic almost a year ago, governors and mayors have been governing unilaterally under the guise of emergency powers, and state legislatures and courts have delayed too long in reasserting their constitutional roles. Whether you believe that the government has done too much or too little to deal with COVID-19, ...

January 08, 2021

The Hill: Landlords should not have to work for free

Eviction bans have become one of the staple responses to the pandemic by governments across the country. Almost every state and many local governments have passed at least some sort of moratorium on evictions since the pandemic began. In early September, the Centers for Disease Control and Prevention (CDC) adopted a nationwide eviction ban for ...

January 07, 2021

Can they really do that? What are the limits of government during COVID-19?

Since the COVID-19 pandemic hit the U.S. in March, state governors have imposed restrictions that would have been unthinkable at this time last year. These drastic actions have left many wondering about the limits of government officials' power—and whether that power changes during times like these. The simple answer is that—there's no simple a ...

January 06, 2021

Washington Examiner: Pandemic silver lining: Getting rid of needless regulation

In the ever-changing landscape of the pandemic, one constant theme is government overreach. Since the early failure to control the outbreak, government executives have overcompensated by taking a risk-averse, iron fist approach, rather than looking for ways to mitigate or temper regulations to minimize the economic hardship that also kills. In Marc ...

January 06, 2021

The courts are a haven from political fights

On June 12, 1967, the U.S. Supreme Court issued its landmark decision in the case of Loving v. Virginia, which ruled unanimously that state laws prohibiting interracial marriage violated the promise of equal protection before the law. That case became a famous touchstone of civil rights law, and was even the subject of a major ...

December 22, 2020

The Hill: To recover endangered species, reduce conflict and reward landowners who restore habitat

Last week, the U.S. Fish and Wildlife Service announced two new regulations governing designation of privately owned land as "critical habitat" under the Endangered Species Act. This designation can restrict property rights, reduce land values, and make habitat features a significant liability for landowners. As with any change involving the Endang ...