If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
The latest extension, which is expected to the be last, runs until July 31. Meanwhile, the legal battle over the moratorium will continue. And the plaintiffs' position is likely to be strengthened by the Supreme Court's recent ruling in Cedar Point Nursery v. Hassid.
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
The resolution is part of a broader movement to rein in executive power during emergencies.
A panel from the 2021 Federalist Society Ohio Lawyers Chapters Conference
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
Judge Stephanos Bibas "does not see how" he can follow the plurality opinion
A federal appeals court rejects a highly implausible redefinition of machine guns.
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
The president acknowledges that there are limits to executive power, even during a public health emergency.
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
Current law can allow the president to route around Congress indefinitely.
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
When must claimants raise appointments-clause challenges?
It is easy for originalists to reject challenges to court-packing; but the non-originalist arguments should be spelled out
California's COVID-19 business closures have turned Ghost Golf into a shadow of its former self. Its owner is now suing the governor for the right to reopen.
The implications of this move are as yet unclear.
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
The opinion was written by prominent conservative Judge David Sentelle.
If only that signaled a broader respect for legal limits on executive power.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
Both major parties defend the Constitution only when it's convenient.
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
Look for the full appellate court to send the case back to the trial court - which is where it belongs.
Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
Crime Victims Rights Amendment
A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
The scheme, created by a concurrent resolution, is inconsistent with the Kansas Emergency Management Act. A legislative council's decision to overrule the Governor's church shutdown order has thus been invalidated, and the church shutdown is back in effect.
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
Adjudication Outside Article III (part two)
The Senate minority leader threatened two justices by name, and then he lied about it.