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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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    Kamala Harris' Free Speech Task Force
                            After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically anti-intellectual. So it was with some hesitation that I opened a Twitter account in the fall…                    
        		
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