Tag: Supreme Court

The Plot to Level the Administrative State

The nondelegation doctrine, unlike most legal concepts, is less boring than it sounds. After the 1930s, it became constitutional esoterica, a relic of a bygone age in which the Supreme Court resisted efforts by Americans to regulate their own economic affairs. But it has the potential to overthrow most of the federal government if wielded in a certain way, and the Roberts court could soon give it startling new relevance.

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Chasing Court-Packing Could Derail Democrats’ Big Plans

The 1936 election was a stunning victory for the Democrats. President Franklin D. Roosevelt routed Republican Alf Landon, winning the popular vote by 24 points and all but two states in the Electoral College, while the party added to their existing supermajorities in Congress. The unassailable clarity of the result vindicated Roosevelt’s audacious first term, in which he made unprecedented claims to executive authority and pushed the controversial domestic policies of the New Deal.

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The Forgotten Father of the Abortion Rights Movement

I first met Bill Baird in Hempstead, Long Island, on a freezing December night in 1968. This was 18 months after he was arrested and jailed for handing a can of contraceptive foam to an unmarried coed at Boston University. And it was some four years before the Supreme Court would hand down its decision in Eisenstadt v. Baird, the case that grew out of Baird’s illegal action and established the right of unmarried people to possess contraceptive products.

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A Critical Threat to Sex Discrimination Protections

Not long after the one-year anniversary of Brett Kavanaugh’s confirmation as a Supreme Court justice, he and his eight associates will devote one entire day to three cases which will determine the future of LGBTQ and women’s rights under the law. On October 8, the Court will hear oral arguments in three cases concerning protection from discrimination based on sex under Title VII of the Civil Rights Act of 1964.

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What Christine Blasey Ford Said

It has only been one year since Christine Blasey Ford appeared on Capitol Hill and for a time was the focal point of national attention, as one of the newly visible faces of the #MeToo movement. But just weeks before that, Ford couldn’t get a Washington Post reporter to call her back on her tip about a likely Supreme Court nominee named Brett Kavanaugh.

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The Grassroots Battle to Save Democracy

In the wake of another mass shooting at the hands of another AR-15-armed gunman and a powerful hurricane heralding the beginning of a dangerous storm season, the policy conversation in the Democratic presidential primary has been dominated in recent days by gun control and climate change. Both issues have been the subject of expansive policy proposals on the campaign trail, from mandatory gun buybacks to multitrillion dollar transformations of the American energy economy.

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