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6 May 2022, 7:36 am
Sunstein The question of whether federal agencies or the courts should have the right to interpret legislation may seem technical, but it significantly affects the power of the government" (NYRB)(reviewing "The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State"by Thomas W. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
”[1] Chair Lina Khan has previously voiced her support for doing so.[2] My view is that the Commission has no such rulemaking powers, and that the scope of the authority asserted would amount to an unconstitutional delegation of power by the Congress.[3] Others have written about those issues, and we can leave them for another day.[4] Professors Richard Pierce and Gus Hurwitz have each written that, if FTC rulemaking is to survive judicial scrutiny, it must apply to conduct… [read post]
5 May 2022, 4:45 pm by Lawrence Solum
Finally, it argues that this approach will not unduly aggrandize judicial or executive power, or imbalance federal-state authority over criminal enforcement. [read post]
5 May 2022, 12:35 pm by Ilya Somin
But on this issue, states have immense power to make a difference. [read post]
5 May 2022, 4:30 am by Sherry F. Colb
To quote the words of SA quoting Justice Byron White, the Dobbs draft is an exercise in "raw judicial power. [read post]
4 May 2022, 9:01 pm by Neil H. Buchanan
What will America become if, as reported, the five most conservative members of the US Supreme Court angrily and emphatically overrule Roe v. [read post]
4 May 2022, 5:11 pm by Barbara van Schewick
When the FCC abandoned net neutrality in 2017, it lost the power to stop the states from stepping in to protect their residents. [read post]
4 May 2022, 11:29 am by ACLU
That was a direct invitation from the state to overturn Roe and Planned Parenthood v. [read post]
The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. [read post]