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West Virginia v. EPA – Mouseholes and Major Questions
Casey Norman
On June 30, 2022, the Supreme Court issued its ruling in West Virginia v. Environmental Protection Agency, a case concerning the breadth of the Environmental Protection Agency’s authority under the Clean Power Plan—a regulation promulgated under the Obama administration to limit the carbon dioxide emissions of existing coal- and gas-fired power plants. No. 20-1530,…
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Non-Delegation Doctrine 101
David Ahnen
The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.…
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The Other Cause of Congressional Inaction
Max Alter
Many Americans can tell you that Congress has been unable to pass laws because Republicans and Democrats disagree on the issues. For a bill to pass in the Senate, effectively 60 out of the 100 Senators must vote in favor of it because of a procedure called the filibuster, which allows 41 Senators to…
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Beware “Harvard Deference”: Judicial Deference and Race-Based Admissions
Kyle Atwood
Photo: Widener Library, Harvard University Should courts defer to a university’s decision to base admissions decisions on the race of applicants? That issue is likely to be addressed in the upcoming Students for Fair Admissions v. Harvard and University of North Carolina cases, which the Supreme Court has agreed to hear in its 2022-23…
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DHS Disinformation Board Paused, Government Urge to Censor Continues
Brian Rosner
Photo: Nina Jankowicz, Former Executive Director of the Disinformation Governance Board, at the U.S. Embassy Vienna, October 10, 2019 So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in—what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother—the combination…
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The Thing No One Is Talking About Post-AMG
Kara Rollins
Photo: The Apex Building, headquarters of the Federal Trade Commission, on Constitution Avenue and 7th Streets in Washington, D.C. A little over a year ago, the Supreme Court issued a unanimous decision in AMG Capital Management, LLC v. Federal Trade Commission. In that case, the Court determined that Section 13(b) of the Federal Trade…
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