Judges aren’t supposed to issue futile and pointless injunctions. Especially not when they lack jurisdiction to issue them in the first place, and might be violating the Constitution in the process. That is just grandstanding.
Hans Bader practices law in Washington, D.C. After studying economics and history at the University of Virginia and law at Harvard, he practiced civil-rights, international-trade, and constitutional law.
August 2, 2018, 10:27 AM EDT
July 30, 2018, 4:12 PM EDT
Radical court rulings threaten to strip people of the right to govern themselves. The people’s elected representatives in state legislatures often pass laws that prevent cities from adopting burdensome rules, such as ordinances whose costs fall not just on city residents, but on people who live outside their borders. States’ right to preempt burdensome local rules was undermined by a recent federal appeals court ruling. It allowed Alabama to be sued for its law overriding the Birmingham City Council’s attempt to increase the minimum wage. That minimum wage increase would have led to both job losses and increased consumer prices for non-residents who work in the city.
July 24, 2018, 10:41 AM EDT
Progressive journalists have a message for you: Free expression is for them, not for you — and not for conservative bloggers and academics.
July 23, 2018, 2:47 PM EDT
When the White House orders federal agencies to comply with a Supreme Court decision, that’s not a sign of dictatorship looming, but rather, a vindication of the rule of law. But left-leaning lawyers, bloggers, and officials are claiming otherwise. They are sounding the alarm over the Trump administration’s compliance with the Supreme Court’s recent decision in Lucia v. Securities and Exchange Commission.
October 3, 2017, 10:40 AM EDT
No child should be barred based on her race from a public education program needed to address her learning disabilities or educational deficits. But the Obama administration ignored this basic principle in its December 2016 regulation interpreting the Individuals with Disabilities Education Act. That regulation penalizes educational entities that don’t achieve racial quotas in special education, by defining failure to meet such quotas as “disproportionality.”
September 27, 2017, 9:28 AM EDT
The Education Department last week rightly withdrew two famous examples of regulatory “dark matter” issued during the Obama administration: its April 4, 2011 “Dear Colleague Letter” about “sexual violence” and its April 29, 2014 “Questions and Answers on Title IX and Sexual Violence.” These bureaucratic decrees heavily intruded into how schools handle complaints of sexual harassment and assault, banning the clear-and-convincing evidence standard, restricting cross-examination rights, and restricting the appeal rights of accused people.
September 25, 2017, 12:14 PM EDT
Los Angeles lawyer Ken White notes that a professor is being “investigated for writing about being investigated for writing about being investigated.” This Title IX investigation has apparently been going on since last May, making it longer than some other investigations that courts have ruled unconstitutional due to their speech-chilling nature.
September 19, 2017, 9:56 AM EDT
On September 12, the Federalist Society’s Regulatory Transparency Project released a paper about illegal overreaching by the Obama-era Education and Justice Departments, which resulted in policies that still persist today. The paper, written mostly by people with a civil rights background, examines three areas in which the federal government attempted to micromanage educational institutions by imposing new rules that never went through the legally-prescribed rulemaking process and purported to do so based on antidiscrimination statutes passed many years ago. These rules dealt with three areas: (1) transgender bathroom, locker, and dormitory room access under Title IX, a statute which bans discrimination based on “sex,” not “gender identity”; (2) investigations by colleges and schools of sexual assault and harassment claims, also under Title IX; and (3) school districts that suspend more students of one race than another, or whose discipline policies have an unintentional “disparate impact,” under Title VI, a statute which bans intentional racial discrimination.
September 15, 2017, 3:45 PM EDT
Lawyers and allied interest groups have long enriched themselves at taxpayers’ expense. But usually, it has been by bringing lawsuits, not defending them.
September 8, 2017, 10:52 AM EDT
In a major speech today, Education Secretary Betsy DeVos indicated that the Education Department may withdraw some of the regulatory “dark matter” discussed by CEI’s Wayne Crews, such as its April 4, 2011 “Dear Colleague” letter micromanaging college discipline.
September 7, 2017, 10:08 AM EDT
The U.S. economy grew at an annual rate of 3 percent in the second quarter. That was significantly higher than the 2.7 percent expected. The New York Times noted that this is the economy’s best quarterly showing in two years. Growth was a mere 1.6 percent per year under Obama, and 2.1 percent under Bush. America gained 36,000 manufacturing jobs in August, finally returning employment in the manufacturing sector to where it was before Obama became President.
September 5, 2017, 11:37 AM EDT
On Tuesday of last week, the White House suspended a burdensome reporting requirement for employers that would have cost them $400 million while yielding information of questionable value. It did so in rejecting changes to the EEO-1 form made at the end of the Obama administration.
August 4, 2017, 11:49 AM EDT
The Washington Post has “sobering news for $15 minimum-wage boosters.” It cites a 146-page study showing that 47,000 jobs would be lost in just one county—Maryland’s wealthy Montgomery County—if it raised the minimum wage to $15.
July 27, 2017, 1:01 PM EDT
The harm from occupational licensing regulations is so obvious that even the Obama administration, which was usually pro-regulation, recognized it.
July 25, 2017, 3:47 PM EDT
A $15 national minimum wage would eliminate more than 7 million jobs, according to a 2016 study. That didn’t stop the Democratic National Convention from endorsing the increase in July 2016 and putting it into the party platform.
July 19, 2017, 4:05 PM EDT
A college president recently promoted fallacies about the law in order to justify federal micromanagement of school discipline.
June 27, 2017, 11:17 AM EDT
A credible new study on Seattle’s $15 minimum wage has bad news for liberals, notes Max Ehrenfreud at The Washington Post’s Wonkblog.
June 23, 2017, 3:02 PM EDT
Even modest and long-overdue budget cuts draw condemnation.
June 20, 2017, 10:24 AM EDT
People are more likely to return to a life of crime if they can’t find a job after being released from prison, according to a study released by the Manhattan Institute.
June 13, 2017, 9:49 AM EDT
It is strange to claim that President Trump violated the Constitution’s Emoluments Clause merely by owning hotels and other business interests that are patronized by foreigners.