Barring unusual circumstances, the U.S. Court of Appeals for the D.C. Circuit only releases opinions on Tuesdays and Fridays. Even with this limited release schedule, there are rarely more than a few opinions issued on a single day. I expressed surprise when the D.C. Circuit released ten opinions on a single day in July. Today, […]
Author Archive | Jonathan H. Adler
A Liberal, PPACA Supporter’s Case for Kagan’s Recusal
Eric Segall, a self-described “liberal constitutional law professor” who believes the individual mandate is constitutional, argues in Slate that Justice Kagan should recuse herself in the individual mandate litigation. Can Justice Kagan review the ACA without regard for the personal and professional past and the future of President Obama as well as her prior work […]
House Passes REINS Act, President Promises Veto
Yesterday, the House passed the REINS Act on an almost exclusively party-line vote, 241-184. All the House Republicans voted for the bill, as did four Democrats. Thought the bill passed the House, it’s not about to be enacted into law. The Senate is unlikely to take up the bill and President Obama has promised to […]
Going Off the Rails Against the REINS Act
Today the House of Representatives is expected to vote on the REINS Act, a bill to enhance political accountability over regulatory decisions. The bill has two essential features. First, it bars new “major” regulations (those anticipated to cost more than $100 million annually) from taking effect unless approved by both houses of Congress. Second, it […]
Mukasey on the ObamaCare “Recusal Nonsense”
Former federal judge and Attorney General Michael Mukasey argues against the recusal of any Supreme Court justices in the in the case challenging the constitutionality of the Patient Protection and Affordable Care Act. Ideological partisans have argued that one or more justices on the other side of the ideological divide are sufficiently conflicted to require […]
Mankiw on the Student Walkout
In a column in Saturday’s NYT, Harvard economics professor Greg Mankiw responds to the student “walkout” of his introductory economics class. The column’s title: “Know What You’re Protesting.” Here’s a taste. Eight minutes into the lecture, about 5 to 10 percent of the class stood up and quietly left. Some other students who had taken […]
Question Drug War, Lose Law Enforcement Job
The NYT profiles two law enforcement officers — a border patrol agent and a probation officer in Arizona — who lost their jobs because they questioned the wisdom of drug prohibition. One signed a letter sponsored by LEAP (Law Enforcement Against Prohibition), the other just expressed doubts to co-workers about keeping marijuana illegal. Both are […]
Uncertainty and Economic Growth
Are economic and policy uncertainty discouraging businesses — and small businesses in particular — from hiring? Is such uncertainty a factor discouraging economic recovery? A new analysis by Mark Schweitzer of the Federal Reserve Bank of Cleveland and Scott Shane of CWRU’s Weatherhead School of Management suggests some pundits and policymakers have been too quick […]
Whelan v. Calabresi & Rickert on Originalism and Sex Discrimination
By Jonathan H. Adler on December 3, 2011 9:15 am in Constitutional Theory, Originalism, Sex Discrimination
Last week, I noted the important new article by Stephen Calabresi and Julia Rickert making an originalist case for the unconstitutionality of sex discrimination. In short, they argue that the 14th Amendment is best understood as prohibiting caste legislation, not just racial discrimination, and that it must be read in light of subsequent amendments, the […]
Two Governors Seek Reclassification of Marijuana
The NYT reports that two governors, Washington’s Christine Gregoire and Rhode Island’s Lincoln Chafee, have petitioned the federal government to have marijuana reclassified as a Schedule II substance under the Federal Drug Control Act. The reclassification would mean recognizing that marijuana has acceptable medical uses, and would be a step toward protecting medical marijuana use […]
Will Gary Johnson Run as a Libertarian?
Politico reports the former New Mexico Governor Gary Johnson may abandon his bid for the GOP nomination and seek to run as a Libertarian — only there is some question whether the Libertarian Party will have him.
The FDA’s Unhealthy Salt Obsession
Is too much salt bad for you? That used to be the conventional wisdom, but more recent scientific research has suggested the emphasis on salt is misplaced. No matter. As Walter Olson notes, the Food and Drug Administration appears to be moving ahead with plans to force gradual reductions in the salt content of processed […]
NLRB Back from the Brink
Today the National Labor Relations Board approved portions of a proposed rule to modify election procedures by a 2-1 vote. Only some of the (relatively) less controversial reforms to accelerate the pace of union elections were adopted, primarily those concerning pre-election appeals to the NLRB. Board member brian Hayes, who had reportedly threatened to resign […]
Auer Deference on the Docket
Among this morning’s cert grants was Christopher v. SmithKline Beecham Corp., in which the Court will have to determine whether pharmaceutical sales representatives are subject to the “outside sales” exemption from the Fair Labor Standards Act’s overtime requirements. At first glance, Christopher may seem like a rather pedestrian labor law case. Don’t be fooled. Christopher has […]
NLRB on the Brink
This Wednesday, the National Labor Relations board is scheduled to vote on a controversial proposed rule to streamline and accelerate the union election process. The Board is acting now because it could lose a quorum when the recess appointment of Craig Becker expires at the end of the year. Only three of the NLRB’s five […]