Against Skidmore Deference
by Mike Rappaport In my last post, I explained why I oppose both Chevron and Auer deference, which give agencies additional power, undermine the rule of law, and provide bad incentives to agencies. Scholars ...
Read more.
Eliminating Chevron and Auer Deference
by Mike Rappaport In my last two posts, I have described how one could employ a reformed REINS Act and independent administrative courts to allow for greater separation of powers ...
Read more.
Loper Bright —Chevron Needs a Gravestone, Not Another Exception, by Isaiah McKinney
by Isaiah McKinney The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the ...
Read more.
The Politicization of the Department of Justice
by Harmeet K. Dhillon The following is adapted from a speech delivered on September 16, 2022, in Washington, D.C., at Hillsdale College’s Constitution Day Celebration. The seal of the U.S. Department ...
Read more.
Republicans Miss the Real Issue Regarding TSA Scanners
By: Laurence M. Vance The Transportation Security Administration (TSA) is back in the news again, and, as usual, it is not because the agency did something noteworthy. The TSA was established ...
Read more.
Authoritarians Drunk on Power
It is time to recalibrate the government. For years now, we have suffered the injustices, cruelties, corruption and abuse of an entrenched government bureaucracy that has no regard for the ...
Read more.
Why a Standing Army and a Welfare State?
One of the major distinguishing characteristics, philosophically speaking, between our American ancestors and today’s Americans is with respect to the national-security establishment. Our ancestors fiercely opposed that type of governmental ...
Read more.
The Real Constitutional Crisis
By: Laurence M. Vance According to the Merriam-Webster dictionary, a crisis (plural: crises) is: 1a: the turning point for better or worse in an acute disease or feverb: a paroxysmal attack ...
Read more.
Judicial Strategies to Contain the Administrative State
by John O. McGinnis The most important developments this term at the Supreme Court were the skirmishes around the administrative state. These skirmishes revealed a variety of strategies, sometimes conflicting, ...
Read more.