Tag Archives: Federalism

U.S. v. California: The District Court’s Preliminary Injunction Ruling

by Bernard Bell — Friday, July 27, 2018

On March 6, 2018, the Justice Department sued California over its “sanctuary” laws.  U.S. v. California, Dkt No. 18-264, Complaint (E.D. Cal.); Thomas Fuller & Vivien Yee, Jeff Sessions Scolds California in Immigration Speech: “We Have a Problem,” N.Y. Times A22 (March 7, 2018).  The District Court has now ruled on the federal government’s preliminary […]

On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part II)

by Bernard Bell — Tuesday, May 15, 2018

This is the second of two posts regarding Guido v. Mt. Lemmon School District,  Dkt. No. 17-587, currently on the Supreme Court docket for the October 2018 Term.  The case involves the applicability of Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers. In my prior post […]

On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part I)

by Bernard Bell — Thursday, May 10, 2018

The U.S. Supreme Court granted certiorari in Guido v. Mt. Lemmon School District.  — U.S. — , 138 S.Ct. 1165 (February 26, 2018).  Presumably, it did so to resolve a Circuit split regarding the application of the Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers.  In […]

States’ Alliance To Follow Paris Accord Could Face Constitutional Obstacles, by Stephanie A. Maloney

by Guest Blogger — Saturday, June 10, 2017

The day after President Trump announced the United States’ withdrawal from the Paris climate agreement, the governors of New York, California, and Washington voiced their dissent by forming the “United States Climate Alliance.” This coalition asks individual states to remain committed to the main tenets of the Paris accord, including reducing greenhouse gas emissions by […]

Federalism and Final Agency Action

by Seth Davis — Monday, Mar. 7, 2016

On March 30th, the Supreme Court will hear oral argument in United States Army Corps of Engineers v. Hawkes Co., Inc. The question presented concerns “final agency action”: Is the Army Corps’ determination that the Clean Water Act applies to waters on private land “final agency action” reviewable under the Administrative Procedure Act? According to […]

Federal Regional Offices and Functional Federalism, by Dave Owen

by Guest Blogger — Monday, Feb. 8, 2016

In a previous post, I described some recent research on the geographic decentralization of staff and authority within federal government agencies. A key conclusion of that research, and of yesterday’s post, is that the realities of federal governance call into question some key pillars of the conventional wisdom about American federalism. This post addresses a […]

The Court Ignores the Six Sides of Federalism in North Carolina Board of Dental Examiners, by Jim Saywell

by Guest Blogger — Monday, Mar. 2, 2015

[CJW Note: My coauthor Jim Saywell, who is now clerking for Judge McKeague on the Sixth Circuit and will be clerking for Judge Sutton next year, previously published a terrific short essay on this case (available here). Now that the Court has decided the case against Jim’s position, I invited him to pen this short follow-up.] The Supreme Court last […]