Category Legislative Branch

The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson

[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]

Senator Durbin, I Am a Proud Member of the Federalist Society. Here’s Why.

Here we go, again. Today, Senator Dick Durbin expressed his befuddlement, perhaps with underlying disdain, as to why an overwhelming majority of this administration’s judicial nominations have either currently or previously been members of the Federalist Society. Our Editor-in-Chief, Joel Nolette, previously covered Senator Durbin’s fear of the Federalist Society. Senator Durbin expressed his concern in […]

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. […]

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: Uniting Against Indefinite Detention

[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. […]

Texas Bill to Protect Religious Child Welfare Service Providers

On Monday, the Texas legislature passed HB 3859, a bill affording private child welfare service providers with religious liberty protections. Like with many religious freedom issues today, supporters and opponents once again fight over the extent to which state government may offer protections for the free exercise of religion (or, as it is commonly called–”play in the […]

Judge Gorsuch on the Ninth Amendment: “I think it means what it says.”

Senator Sasse has never ceases to impress me – his impressive knowledge of law (despite not being a lawyer himself), his deep understanding and love for philosophy and political theory, or his principled resistance to partisanship are among the many reasons I hope this guy continues doing what he does. He’s done it again by […]

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 […]

The Feinstein Paradox

Judge Gorsuch’s nomination hearings began today. Much could be said given all that was uttered from the dais, but I’ll keep my powder dry regarding most of it. I would like to focus on one highlight, however – I’ll call it the Feinstein Paradox.* In her opening statement, Senator Feinstein highlighted “the 14 key cases […]

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 […]