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3 Feb 2024, 2:04 pm by Will Baude
  It limits—through its grant of only limited federal powers, through its restrictions on state powers, and through its protection of individual rights—what democratic majorities can do, whether through Congress, through the states, or even through popular referenda. [read post]
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  (I should add, however, that to his great credit the conservative economist Alan Viard does admit bluntly that "unrealized income is income," which Kessler quotes and then effectively waves away.) [read post]
2 Feb 2024, 6:51 am by Dean Falvy
This was followed by a similar decision by the Maine Secretary of State.Given its usual 6-3 conservative majority, the U.S. [read post]
2 Feb 2024, 5:00 am by jonathanturley
” He suggested that Congress should retaliate against conservative justices by  considering the withdrawal of funding for law clerks or even “cutting off the Supreme Court’s air conditioning budget. [read post]
1 Feb 2024, 12:01 pm by Mark Graber
  Still, no Republican with any sense in Congress is going to move to weaken a court that has done more than any institution in the past twenty years to advance a conservative constitutional agenda. [read post]
31 Jan 2024, 6:00 am by Heather Casey
Among the advantages to receiving UNESCO World Heritage recognition are that the state party can receive funds for conservation, and support from conservation organizations due to increased attention to the site. [read post]
30 Jan 2024, 9:05 pm by Zoe Stern
In just four years, the Trump Administration rolled back over 100 environmental rules, including those designed to reduce carbon dioxide emissions, cut methane emissions, protect wetlands, and conserve public lands. [read post]
29 Jan 2024, 1:13 pm by Eugene Volokh
In legal parlance, it's a "nonjusticiable political question" left for Congress alone. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
The body of Congress is ineffectual to carry the great objects of safety and protection into execution. [read post]
28 Jan 2024, 4:48 pm by Daphne Keller
The laws were enacted by Texas and Florida in order to counter “censorship” and alleged anti-conservative bias of major Internet platforms like Facebook or YouTube. [read post]
26 Jan 2024, 3:00 am by Jim Sedor
Advocates say a ban on individual trades would curb worries about conflicts-of-interest and insider trading in Congress. [read post]
25 Jan 2024, 6:30 am by Adam Keith
  Congress should also legislate an exception to confidentiality – as proposed in a bipartisan 2021 bill – that would allow the Secretary of State to name names when he or she uses the 3(C) foreign policy authority. [read post]
25 Jan 2024, 5:01 am by Eugene Volokh
If Congress has directed the agency to do the interpreting, then of course the courts should defer to the agency. [read post]
24 Jan 2024, 9:27 am by Jon L. Gelman
Senator Murray noted some of her recent efforts to tackle Long Covid and underscored the importance of Congress taking further steps to address Long Covid and help patients across the country. [read post]
23 Jan 2024, 6:05 am by Jennifer González
The following is a guest post by Emma Southern, an intern with the Digital Resources Division of the Law Library of Congress during the summer of 2022. [read post]
23 Jan 2024, 5:50 am by Michael C. Dorf
Whether Congress has delegated to an agency the authority to interpret a statute does not depend on the order in which the judicial and administrative constructions occur. [read post]
22 Jan 2024, 10:55 am by Samuel Bray
Was that Congress creating an exception for President Johnson? [read post]
22 Jan 2024, 4:30 am by Michael C. Dorf
That's what conservatives typically complain about when they complain that agencies have done things "unilaterally," things that Congress didn't choose to do through bicameralism and presentment. [read post]
21 Jan 2024, 5:24 am by Kevin LaCroix
In examining the question of the agency’s authority, Justice Roberts, again writing the opinion for the majority, invoked the “major questions” doctrine to note that if Congress wants to give an administrative agency the power to make decisions of vast economic or political significance, it must say so clearly. [read post]
19 Jan 2024, 6:54 am by Unknown
” He characterized the withdrawal as a victory against “unlawful activist ESG actions that attempt to circumvent Congress and subject the American people to a radical political agenda. [read post]