Category Executive Branch

The Weekly Bipartisan: Objections to DOJ Charging Policy

[Welcome to The Weekly Bipartisan, where we share instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate. […]

The Ratings Are Through the Roof!

Marco Polo describes a bridge, stone by stone. “But which is the stone that supports the bridge?” Kublai Khan asks. “The bridge is not supported by one stone or another,” Marco answers, “but by the line of the arch that they form.” Kublai Khan remains silent, reflecting. Then he adds: “Why do you speak to […]

Comey Maybe: Sorting Through Today’s Facts

The bad news is this morning’s Union Pub patrons and Comey Day spectators were left wanting in their bids for Tweet-driven drinks on the house. The good news is we were able to watch and listen undiverted by a Presidential tweetstorm as former FBI Director James Comey elaborated on his prepared opening statement to the […]

The Weekly Bipartisan: Ending Abuse of Civil Asset Forfeiture

The Weekly Bipartisan shares instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate.

Paristeria

That we live in an age of political hyperbole has been demonstrated too many times so as to be self-evident at this point. And this week is just another case-in-point. Yesterday, President Trump announced his decision to withdraw the United States from the non-binding, unenforceable (and probably illegal) Paris Climate Agreement. Based upon reactions from […]

David Hume, Rubber Stamps, and Cognitive Inequality

[Today we welcome our colleague Reilly Stephens as our newest contributor here at LDB. Our agreement with him states that he will be providing insight and analysis of law, politics, and whatever else we demand, except for modern interpretive dance and ERISA, about which he knows nothing…he was particular about those last two for some […]

Third Circuit Judge Rails Against Chevron & Auer Deference

Add another federal judge to the growing chorus of individuals concerned that the Court’s administrative law jurisprudence has gone off the rails. Egan v. Del. River Port Auth., — F.3d —, 2017 WL 1055568 (3d Cir. Mar. 21, 2017) involved discrimination and retaliation claims an employee brought against the Port Authority, alleging violations of federal law […]

END THE FAILED AUER EXPERIMENT NOW*: THE FLAWS OF DEFERRING TO AGENCY INTERPRETATIONS OF THEIR OWN AMBIGUOUS REGULATIONS**

  Introduction Imagine a hapless individual, forced to participate against her will in a game over which participants must wager significant sums of money. The rules of the game are complex and arcane, and this individual is unfamiliar with them. Her competitor, however, is savvy and experienced, having played this game many times in the […]

For the Love of God, Stop

You don’t like the fact that Donald Trump won the election. I get it, believe me. You dislike him, bigly. To you, his occupying the White House is “sad!” But here’s the deal. Every time you freak out about a non-story, or pump the most recent wild-eyed conspiracy, the only person you hurt is you. Your […]

Hit & Run – Trump, Liberals, and Separation of Powers

Back in June, I argued “The Contrarian Case for a Trump Presidency.” While it doesn’t really read as a ringing endorsement, I argued that a President Trump was preferable to a President Clinton because executive power was already out of control, and a Clinton Administration would make matters worse in that regard while a Trump Administration […]