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January 03, 2017

Obama cannot extend his rule indefinitely: how Trump can reverse Obama’s midnight land grabs

Last weekend, The Wall Street Journal ran an op-ed that Professor John Yoo and I wrote to answer the White House's claim that Trump can't reverse President Obama's recent proclamations that lock up millions of acres of public land from reasonable public uses. Yoo and I plan to publish an expanded paper on our study ...

February 29, 2016

SCOTUS confirmation games: Playing the race card, with an empty recess appointment threat

President Obama has promised to nominate someone relatively soon for a lifetime seat on the Supreme Court made vacant by Justice Antonin Scalia's passing. President Obama hopes either to weaken the Senate majority's resolve, which is to let the American voters decide who shall fill the vacancy, or to play politics with the issue. Alas, ...

March 17, 2015

A government of laws, and not of Obama

An unusual argument has arisen as a way to save Obamacare. Today, a New York Times op-ed written by law professor William Baude suggests that the Obama administration could just ignore the Supreme Court if it decides in King v. Burwell that subsidies don’t apply to insurance coverage from federal exchanges. ...

June 28, 2014

Whittling away at NFIB v. Sebelius, the SCOTUS way

After the Supreme Court's decision in NFIB v. Sebelius came out, David Franklin hailed Chief Justice Roberts' decision in Slate Magazine.  The decision shocked many who thought Roberts would join the conservatives in striking down Obamacare, but Franklin praised Roberts for saving Court's credibility, noting that "a 5-4 decision to strike down Oba ...

May 08, 2012

Obama Administration taking disparate impact theory to a new level

On this blog we have often talked about the perils of disparate impact theory. Disparate impact forces employers to use a race-first mentality to hiring, firing, and promotion decisions.  As I wrote in this op-ed in the Washington Times, “instead of focusing on concrete examples of bias by identifiable bureaucracies or individuals, disparat ...

April 05, 2012

Obama Administration letter brief on judicial review

Here is the letter brief that the Obama Administration was required to file in response to questions about the President’s comments regarding judicial review. ...

April 05, 2012

President Obama’s clash with the courts

I spoke this morning with Armstrong & Getty about President Obama's comments about the judiciary's power to strike down laws as unconstitutional. You can listen here. I think the whole thing is a tempest in a teapot. No doubt President Obama was wrong to say that his health care overhaul was "passed by a strong ...

April 04, 2012

PLF's Timothy Sandefur joins Armstrong & Getty to discuss "judicial activism"

I’ll be speaking with Armstrong & Getty tomorrow morning in the 7 o’clock hour to discuss President Obama’s recent comments about the Supreme Court’s review of Obamacare. ...

March 14, 2012

Attorney General Holder: Preferences now, preferences tomorrow, preferences forever!

In 1963, nearly a decade after the Supreme Court’s ruling in Brown v. Board of Education declared racial segregation of school children to be unconstitutional, the newly elected governor of Alabama, George Wallace, gave a speech in favor of state sponsored discrimination. To this day, that speech is a symbol of the close minded, fearful, ...

February 07, 2011

Putting Obama to the test

Author: Reed Hopper If the President is sincere in his claim to reduce excessive regulatory burdens that kill jobs and the economy, he need look no further than the myriad environmental regulations that litter the legal landscape. Prominent among these is the Clean Water Act and the Endangered Species Act that authorize federal bureaucrats to ...