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25 Dec 2018, 9:30 pm by Series of Essays
Shunting Aside Chevron Deference August 7, 2018 | Jonathan H. [read post]
25 Dec 2018, 9:15 pm by Series of Essays
– The Editorial Board of The Regulatory Review Top Regulatory Essays of 2018 December 26, 2018 We are pleased to feature the top essays written by our contributors in 2018, including Jonathan H. [read post]
21 Dec 2018, 3:50 pm by Jonathan H. Adler
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.Last week, Judge Reed O'Connor of the U.S. [read post]
19 Dec 2018, 5:48 am by Jonathan H. Adler
A court rejects a clever effort to obtain President Trump's tax recordsYesterday, a unanimous panel of the U.S. [read post]
14 Dec 2018, 6:40 pm by Jonathan H. Adler
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress eliminated the tax penalty for failing to purchase qualifying health insurance.This evening, as the Affordable Care Act's enrollment period ended, Judge Reed O'Connor of the U.S. [read post]
14 Dec 2018, 11:19 am by Jonathan H. Adler
Legal experts debate whether payments to kill stories about then-candidate Trump's affairs were undisclosed campaign expenditures.In today's Washington Post, three prominent DC attorneys representing a range of political viewpoints -- George Conway, Neal Katyal, and Trevor Potter -- argue that President Trump likely violated federal campaign finance laws when he encouraged hush money payments to prevent potentially embarrassing stories about his extra-marital affairs in the final weeks… [read post]
26 Nov 2018, 3:09 pm by Jonathan H. Adler
The "trial of the century" may not happen after all.On the eve of Thanksgiving, a federal district court judge may have conceded that there will be no federal trial in a case to force the federal government to take more aggressive action to curb greenhouse gas emissions so as to forestall global climate change. [read post]
15 Nov 2018, 8:01 pm by Jonathan H. Adler
A discussion on how to reform federal environmental policy.Environmental protection is important, but there's a strong argument that the nation's environmental laws and regulations are in need of reform. [read post]
15 Nov 2018, 8:01 pm by Jonathan H. Adler
A discussion on how to reform federal environmental policy.Environmental protection is important, but there's a strong argument that the nation's environmental laws and regulations are in need of reform. [read post]
14 Nov 2018, 9:19 am by Jonathan H. Adler
Conservative and libertarian lawyers are joining together to speak out in defense of constitutional governance, traditional legal norms, and the rule of law.Today's New York Times reports: The annual convention of the Federalist Society, the conservative legal group, has long been a glittering and bustling affair. [read post]
13 Nov 2018, 2:20 pm by Jonathan H. Adler
President Trump announces a superlative pick for to replace Brett Kavanaugh on the U.S. [read post]
6 Nov 2018, 7:17 am by Jonathan H. Adler
The Supreme Court issues its first OT2018 decision in an argued case.This morning, while most reporters were focused on the midterm election, a hearty cadre of Supreme Court reporters made their way through the rain to the Supreme Court for the first "decision day" of the term. [read post]
23 Oct 2018, 4:29 am by Jonathan H. Adler
What more could you want from a sentencing guideline decision out of a U.S. [read post]
3 Oct 2018, 7:42 pm by Jonathan H. Adler
The early returns are not promising.The Trump Administration began with broad deregulatory ambitions. [read post]
6 Sep 2018, 8:44 pm by Jonathan H. Adler
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.On Wednesday, while Judge Brett Kavanaugh was fielding questions from the Senate Judiciary Committee, a district court in Texas heard oral arguments in Texas v. [read post]
5 Sep 2018, 9:48 am by Jonathan H. Adler
Background on Senator Leahy's line of questioning about allegedly stolen e-mails and documents from the Senate Judiciary Committee.In today's Supreme Court confirmation hearing, Senator Pat Leahy (D-VT) asked Judge Brett Kavanaugh about whether he had been aware that a Republican Senate Judiciary Committee, with whom he had worked on judicial nominations during the Bush Administration, had surreptitiously obtained confidential documents from Committee's Democratic staff. [read post]