More Executive Branch End Runs, This Time With Cybersecurity

By: Monday August 6, 2012 10:26 am

The Obama Administration will consider an executive order on cybersecurity in the wake of a defeat in the Senate on a bill to deal with the issue. This is another example of the executive branch taking action when the legislative branch bogs down in gridlock. The result is a stronger executive and an increasingly irrelevant [...]

CBS Confirms the Roberts Switch on the ACA Ruling

By: Monday July 2, 2012 8:15 am

The story that has everyone buzzing comes from Jan Crawford of CBS News, who writes that John Roberts did indeed switch his vote on the Affordable Care Act ruling at the last minute, much to the chagrin of the Court’s conservative wing: Chief Justice John Roberts initially sided with the Supreme Court’s four conservative justices [...]

Roberts’ Health Care Ruling, and the Impact on Future Congressional Policy

By: Friday June 29, 2012 7:38 am

The first argument I wrestled with on the Affordable Care Act opinion was about Republican governors and Medicaid. The second concerns the weakening of Commerce Clause interpretations and the possibilities for liberal policy generally. I don’t think there’s much doubt that John Roberts embraced very conservative interpretations of the Constitution in his ruling. Just looking [...]

Chief Justice Roberts May Have Switched Health Care Vote at Last Minute

By: Thursday June 28, 2012 11:35 am

Was there a late-game shift in the thinking of the Supreme Court on their Affordable Care Act ruling? That’s certainly the implication from this catch by Brad DeLong. Repeatedly in his opinion, Justice Antonin Scalia refers to Ruth Bader Ginsburg’s concurring opinion as a “dissent.” An example, which is littered throughout the text: Our test’s [...]

Lawmakers Want Justification for Signature Drone Strikes

By: Friday June 15, 2012 9:11 am

Over two dozen antiwar members of the House have asked the Administration for the legal justification for the Predator drone program, in particular the “signature” strikes which do not target an individual but a general set of suspected terrorist activities abroad. These signature strikes count all adult males operating in the area of the strike [...]

Clinton Ignores Hold, Approves Humanitarian Aid for West Bank and Gaza

By: Thursday April 12, 2012 8:55 am

OK, here’s a somewhat better story on a pretty depressing day. The chair of the House Foreign Affairs Committee, Ileana Ros-Lehtinen, tried to put a hold on foreign aid to Palestinians in the West Bank and Gaza. It was a manifestation of the same old AIPAC-driven politics, where the US acts punitively toward one side [...]

Holder Responds to Homework Assignment on Judicial Review by Federal Judge

By: Thursday April 5, 2012 11:10 am

Attorney General Eric Holder has responded to a conservative judge’s demand for a three-page paper on the Administration’s commitment to judicial review. The response can be seen here. The first notable thing is that Eric Holder himself signed the letter. The judge, Jerry Smith, asked DoJ lawyer Dana Lydia Kaersvang, who was arguing in front [...]

Elites Trying to Blame Voters for Their Own Failures

By: Tuesday September 6, 2011 8:50 am

Pollsters decided to release a bunch of table-setters prior to the return of Congress and the Obama jobs speech this week, and they all say basically the same thing: Americans have lost faith in the institution of government. That’s what underlies the numbers from ABC/WaPo, NBC/WSJ and Politico/GWU. The right track-wrong track, with negatives pushing [...]

Boehner Presses Obama on Regulations

By: Friday August 26, 2011 2:45 pm

It appears that Republicans will come back to Washington with a certain humility. Big fights on spending and the debt limit have hurt their brand – they’ve hurt everyone in Washington, but Republicans to a greater degree – and the 2012 appropriations level has basically been set by the debt limit deal. So they plan [...]

Obama Administration Announces Plan to Grant Waivers to No Child Left Behind In Exchange for “Reform”

By: Monday August 8, 2011 12:50 pm

The Education Department plans to grant waivers for the No Child Left Behind law to states and school districts that “embrace reform.” This bypasses Congressional reauthorization of the No Child Left Behind law, and allows states and districts to get out from under the onerous burdens of the law, which has a deadline for 100% [...]

DoJ Files Emergency Brief to Reinstate DADT

By: Friday July 15, 2011 6:26 am

The Justice Department will seek a short-term emergency stay to the bar on the military’s Don’t Ask Don’t Tell policy at the Ninth Circuit Court of Appeals, a puzzling twist to a court case that appeared to end the policy outright. In the brief, DoJ seeks reinstatement of the policy by close of business today, [...]

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