If Congress (and administrative agencies) can regulate through data and analytics, do both acquire a legislative character (and when appropriately delegated an administrative quasi legislative character) that can subject both the formulation of data and the construction of analytics (and the algorithms that give analytics political consequence) to the traditional constraints of statutes and administrative regulation, not indirectly through authorizing provisions, but directly as… [read post]

BOBELIAN: Johnson selected Fortas because he was his close friend, a brilliant lawyer, and a liberal jurist who would both perpetuate the Warren Court’s jurisprudential legacy and safeguard Johnson’s legislative accomplishments from constitutional scrutiny. [read post]