When the Covid-19 pandemic hit the U.S. in 2020, California Governor Gavin Newsom issued the “Blueprint,” a complex regulatory response which tightened and loosened restrictions on activities depending on the severity of the pandemic in each county. The Governor took these actions pursuant to the Emergency Services Act (ESA), which authorized him to assume “all…

Before starting law school, I thought most law was established, even stagnant. I knew that certain politicized cases made headlines when overruling precedent. But I learned that many influential cases overturning precedent are not broadly publicized. For instance, the Supreme Court recently decided Loper Bright and Relentless (which were argued in tandem) and by overruling…

“Again, there is no liberty, if the judiciary power be not separated from the legislative and executive.” These words written by Baron de Montesquieu were foundational to the Framers’ concept of separation of powers. In turn, they influenced the very fabric of our government as it exists today. The Framers firmly believed that the judiciary…

Sometimes, a case about standing really is just about standing. But not always. Sometimes a standing analysis reveals, sotto voce (or “esoterically” for all you Straussians1), a flaw in some aspect of the Court’s substantive jurisprudence. I think Murthy2 is one such case. It didn’t really break any new ground on who may bring a claim in federal court,…

For decades, federal law enforcement agencies, such as the U.S. Marshals Service, the FBI, and the DEA, have been in the practice of deputizing state and local law enforcement officers as federal agents to serve on joint state-federal task forces. The stated purpose of these joint task forces is to combine resources to combat issues…

When a government agency defends its actions by saying, “But we’ve always done it this way,” it’s worth taking a closer look. This argument is a common theme in the government’s response to legal challenges against agency actions. However, it doesn’t hold as much legal weight as one might think. Longevity and repetition alone don’t…