The Faces of Congressional Power
8/25/17 //
In-Depth Analysis
By Mark Graber: Congress has considerable tools to influence public policy. How effectively Congress may use those tools depends in part on the skill with which they are exercised, but also on more durable features of the times in which they are exercised.
The Constitution of Talk
8/25/17 //
In-Depth Analysis
There needs to be a separation of microphones just as much as a separation of powers, and Congress does not understand the microphone that 2017 requires.
Versus Trump: Trump vs. The CFPB
8/24/17 //
Commentary
On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!
Neo-Nazis, Wedding Cakes, and Compelled Speech
8/24/17 //
Commentary
Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.
The EEOC's Rule on Wellness Programs Is Busted
8/23/17 //
Commentary
A federal judge has held that EEOC violated the APA in issuing a rule that would have allowed employers to penalize employees who opted out of wellness programs. But the judge has left the rule in place for now.
Chafetz and the Separation of Powers
8/23/17 //
In-Depth Analysis
By Victoria Nourse: It is one of the great paradoxes of American life that Americans love democracy but hate their most democratic institution, the Congress—that is, until they need Congress to fight a rogue President
