The Dangerous Normalization of Emergency Powers
Recent Presidential administrations of both parties have demonstrated just how dangerous unchecked emergency powers can be. Unless Congress acts now, the next president will inherit, and almost certainly expand, a set of extraordinary authorities that were never intended to address long-standing policy problems and continue to use them as an…
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The Dangerous Normalization of Emergency Powers
Recent Presidential administrations of both parties have demonstrated just how dangerous unchecked emergency powers can be. Unless Congress acts now, the next president will inherit, and almost certainly expand, a set of extraordinary authorities that were never intended to address long-standing policy problems and continue to use them as an “end-run around Congress.” The National…
Liberty University Law Review Publishes Special Loper Bright Symposium Issue
Last fall, Liberty University School of Law hosted a special symposium entitled “Loper Bright: A New Era of Administrative Law.” As we previously reported, the event included several panel discussions about the impact of the Supreme Court’s landmark decision, as well as a special keynote address by Chief Judge Jennifer Walker Elrod of the U.S….
Federal Trade Commission Agrees To Permanently End Administrative Investigation of Nonprofit In Win For the First Amendment, Due Process, and the Rule of Law
Earlier this week, Media Matters, an organization that engages in speech protected by the First Amendment, announced a historic settlement with the Federal Trade Commission, permanently ending the agency’s investigation into Media Matters after it successfully blocked the FTC’s administrative demands in a pre-enforcement constitutional challenge. Whether one agrees with Media Matters’s message or not,…
SCOTUS Appoints Amicus to Defend Stinson Deference
Last month, the Supreme Court granted certiorari in Beaird v. United States, indicating it would consider whether Stinson v. United States “still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.” As I explained at the time, this move not only “opens the door for reconsideration of…
Update from Loper Bright: NOAA Moves to Rescind Industry-Funded Monitoring
As reported by Cause of Action Institute, which represents the fishermen in Loper Bright Enterprises v. Raimondo, the head of NOAA Fisheries sent a letter to the New England Fishery Management Council last week directing it to “revise and potentially withdraw” industry-funded monitoring requirements for the Atlantic herring fishery. In the absence of council action,…
