Monthly Archives: March 2017

D.C. Circuit Review – Reviewed: Judge Neil Gorsuch, D.C. Circuit Judge

by Aaron Nielson — Friday, Mar. 31, 2017@Aaron_L_Nielson

It’s no secret that the D.C. Circuit is the launching pad for many Supreme Court justices. Indeed, prior to Justice Scalia’s passing, fully half of the Supreme Court came from the D.C. Circuit: Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Ginsburg, and Justice Kagan. (Kagan counts for half; she was nominated to the D.C. […]

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The complications of House v. Price

by Nicholas Bagley — Thursday, Mar. 30, 2017

I’ve got a piece at Vox discussing what happens next with House v. Price, the Obamacare litigation over whether Congress has appropriated the money to make cost-sharing payments. To bring you quickly up to speed: a district court in Washington, D.C., concluded last year that the Obama administration was breaking the law in making the […]

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new preface for The Power and Independence of the Federal Reserve

by Peter Conti-Brown — Wednesday, Mar. 29, 2017

I’ve reached the happy milestone of republishing my book, The Power and Independence of the Federal Reserve, in paperback. This means a new preface, copied below. It’s long, but because I spend a lot of time in it discussing some of the themes and ideas that first found their home in these digital pages, I thought I […]

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Judge Gorsuch and Chevron Doctrine: A Defense

by Aaron Nielson — Wednesday, Mar. 29, 2017@Aaron_L_Nielson

Judge Gorsuch does not need me to defend him.* His opinions are well written and speak for themselves. (It is not by accident that the American Bar Association deemed him “well qualified” for the Supreme Court!) But this blog has recently published three posts charging Gorsuch with not “car[ing] about precedent”; exhibiting “remarkable carelessness about […]

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Judge Gorsuch and Chevron Doctrine Part III: The Gutierrez-Brizuela Concurring Opinion, by Asher Steinberg

by Guest Blogger — Wednesday, Mar. 29, 2017

This is part three of a three-part series on Judge Gorsuch. Last summer when I was taking the New York bar, I ran into an acquaintance who was an incoming clerk for one of President Trump’s Supreme Court short-listers. At some point she asked me what a judge I knew was “like,” and I replied that […]

Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent, by Asher Steinberg

by Guest Blogger — Tuesday, Mar. 28, 2017

This is part two of a three-part series on Judge Gorsuch. Does Judge Gorsuch care about precedent? The question might seem like asking if Judge Gorsuch cares about stray kittens – of course he cares about precedent. After reading his administrative-law opinions, though, one can wonder. Padilla-Caldera II In Padilla-Caldera v. Gonzales (“Padilla-Caldera I”), the Tenth […]

What happens next to the ACA?

by Nicholas Bagley — Tuesday, Mar. 28, 2017

This post was co-authored with Rachel Sachs, a law professor at Washington University School of Law. It has been cross-posted at Take Care, a new blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. In his speech after withdrawing the Republican health care bill from consideration on Friday, Speaker of […]

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De-Funding Sanctuary Cities, by Bernard W. Bell

by Guest Blogger — Tuesday, Mar. 28, 2017

Sanctuary cities protect undocumented aliens by adopting policies regarding: (1) inquiries into immigration status, (2) immigration-related detentions, or (3) information-sharing with federal officials. On January 25, President Trump issued Executive Order 13768, which threatens to withhold federal funds from jurisdictions that violate 8 U.S.C. §1373.[1] Section 1373, part of the Illegal Immigration Reform and Immigrant Responsibility […]

Judge Gorsuch and Chevron Doctrine Part I: The Misuse of Fact in De Niz Robles, by Asher Steinberg

by Guest Blogger — Monday, Mar. 27, 2017

This is part one of a three-part series on Judge Gorsuch. In the confirmation questionnaire Judge Gorsuch submitted to the Senate Judiciary Committee, he listed Gutierrez-Brizuela v. Lynch first among the list of the ten most significant cases he has decided. It could hardly be otherwise. His concurring opinion in Gutierrez-Brizuela calling for the Court to […]

Returning Attention to State ACA and Medicaid Waivers

by Sam Halabi — Sunday, Mar. 26, 2017

Now that the potential repeal of Obamacare is off the table (at least for a while), it’s worth turning attention (by all stakeholders) to one of Obamacare’s provisions crafted to accommodate approaches advocated across the political spectrum as well as the balance between local and national scale: Section 1332 State Innovation Waivers and Section 1115 […]

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