Posts Tagged ‘executive orders’

Could the White House be “tyrant-proofed”?

How would one go about “tyrant-proofing” the U.S. presidency, after years in which many were happy to cheer the expansion of White House power so long as the office was held by someone *they* liked? Key point in Ben Wittes’s 3-part series at Lawfare: the hardest to tyrant-proof are not the extraordinary and covert national security powers held by the chief executive, but the everyday powers over the Department of Justice and regulatory agencies [parts one, two, three].

More: Neither Donald Trump nor his progressive opponents have shown themselves loyal to the principle of the rule of law [John McGinnis, Liberty and Law] Nature of the Presidency lends itself to authoritarianism and despite retrenchment under Coolidge and Ike, that’s been the trend for a century or more [Arnold Kling] And quoting William & Mary lawprof Neal Devins: “A President Trump could say, ‘I’m going to use the Obama playbook’ and go pretty far.” [Marc Fisher, Washington Post] And: Tyler Cowen on FDR, McCarthy, the politics of the 1930s-50s, and “our authoritarians” versus “their authoritarians.”

September 9 roundup

  • Mess surrounding ex-Willkie partner could drag down giant credit card settlement after exposure of “burn this” emails to adverse lawyer [Alison Frankel, WSJ Moneybeat, New York Post]
  • “The war against homeschooling is…not a fight to make sure children are safer/better educated” [Bethany Mandel, Acculturated, reacting to ProPublica/Slate piece raising alarms about how, e.g., 48 states don’t make parents go through background checks before being allowed to homeschool their kids] ProPublica also complains that parents with criminal records are allowed to homeschool; did they run this by the “Ban the Box” advocacy groups?
  • President Jimmy Carter’s deregulatory record looks even better in retrospect [Cato podcast with Peter Van Doren, Caleb Brown]
  • Ugly tactic: protesters rally at home of Judge Bunning in Kim Davis case [River City News, Kentucky; links to some other instances]
  • “Obama celebrates Labor Day by making it more expensive to hire employees”; executive order requires federal contractors to provide paid sick leave [W$J, Sean Higgins/Washington Examiner (“offering paid leave is already the norm among the vast majority of federal contractors”)]
  • “FBI, DEA and others will now have to get a warrant to use stingrays” [ArsTechnica]
  • After the prosecutorial abuses: “John Doe Reform Bill Moves to Assembly” [Right Wisconsin]

Labor and employment roundup

  • “The employees ran away and refused to talk to us…Even if we’re there to help them.” [NYT cheers New York nail salon raids, earlier on paper’s crusade against the salons]
  • And now, the Times’s campaign to damn the Amazon: “The Liberty To Work Under Tough Bosses” [John McGinnis]
  • Rule by White House decree begins to rile its employer targets: “Defense Contractors to Obama: Enough With the Executive Orders” [Defense One]
  • “Lawsuit Reform Alliance Estimates $200m in Additional Costs for LaGuardia Airport Project Due to the ‘Scaffold Law'” [its press release, earlier on law]
  • “Mandated Paid Maternity Leave: A Bad Idea for Women” [Abigail Hall, Independent Institute via Alkon, related Peter Suderman on family leave mandates]
  • Describing most public assistance programs to working families as subsidy for low-wage employers is “flatly wrong.” [Gary Burtless, Brookings, earlier on such claims, more from Tim Worstall (“McDonald’s Profits Are Not Subsidized By Welfare Payments To McDonald’s Employees”)]
  • Wisconsin-style “Moral Monday” protests against North Carolina’s GOP administration have some familiar backing [News and Observer, more on phenomenon from John Locke Foundation]

March 25 roundup

  • Yikes: Nevada supreme court is nearly broke because it relies on traffic ticket revenue and cops are writing fewer [Las Vegas Review-Journal]
  • Forced marriage in immigrant communities happening not just in places like English Midlands, but in U.S. as well; those who assist resistant teenage girls risk “aiding delinquent minor” charges [Washington Post]
  • “Posner informs pro se litigant that the queen of England did not absolve him of need to pay taxes” [ABA Journal]
  • Panel at Federalist Society on president’s power not to enforce the law [Randy Barnett, background on panel]
  • Inside grand jury’s investigation of Pennsylvania Attorney General Kathleen Kane [Philadelphia Inquirer] “Referral fees paid to wife of former Pa. Supreme Court justice questioned” [Harrisburg Patriot-News]
  • Have you or a loved one been attacked by a Zebra? [Arkansas Matters] “Louisiana Man on Trial for Murder Says He Thought the Victim Was an Alligator” [People]
  • Sneaky Oregon law will divert unclaimed class action dollars to legal aid and not incidentally boost legal fees [Sen. Betsy Johnson, East Oregonian]

“Our immigration system is broken, but it’s up to Congress to fix it”

My Cato colleague Ilya Shapiro writes that whatever view one may take of the underlying issues of immigration policy, a Texas federal court was right to find that President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents executive action (DAPA) exceeded his statutory powers. More: Josh Blackman, Memeorandum.

February 5 roundup

  • In November I wrote in Jurist on a Third Circuit panel’s refusal to order that sports great Jim Thorpe be disinterred and reburied under provisions of the Native American Graves Protection and Repatriation Act (NAGPRA); in response, Elizabeth Varner, Diane Penneys Edelman and Leila Amineddoleh of the Lawyers’ Committee for Cultural Heritage Preservation argue that the panel could have based its result on specific language in the statute rather than via the roundabout path it did take [Jurist]
  • Electing judges, a relic of Jacksonianism, still generating problems today [John Steele Gordon, Commentary]
  • “Obama issues ‘executive orders by another name'” [USA Today on Presidential “memoranda”; earlier on executive orders]
  • “Legislators Say E-Cigarette Companies Are Bound by an Agreement Reached Before They Existed” [Jacob Sullum]
  • Woman upset at exclusion of service kangaroo but agrees to leave McDonald’s [AP, Wisconsin News, earlier (although local law may vary, federal government these days takes view that aside from qualified dogs and some miniature horses, ADA does not require businesses to accept customers’ service animals)]
  • Join the crowd: “Various plaintiffs v. various defendants,” an actual case caption [Lowering the Bar]
  • “..the very kind of odious racialization of politics that Congress wrote the Voting Rights Act to forbid” [Ilya Shapiro]

Labor roundup

  • What’s wrong with the NLRB attack on McDonald’s franchising, cont’d [On Labor, earlier here, here, etc.]
  • Postal union calls in American Federation of Teachers, other public employee unions to kill Staples postal partnership plan [Huffington Post]
  • U.S. Department of Labor uses coercive hot-goods orders to arm-twist blueberry farmers, judges say no [Jared Meyer, Econ21 and Salem Statesman-Journal]
  • “Watch Closely Obama’s Treatment of Unions” [Diana Furchtgott-Roth] “Obama ‘Fair Pay and Safe Workplaces’ Executive Order Will Punish Firms in Pro-Worker States” [Hans Bader, CEI]
  • Judge: massive document request signals NLRB’s emergence as litigation arm, and co-organizer, of unions [Sean Higgins, Examiner] Wobblies on top: NLRB sides with IWW workers over poster claiming eatery’s food was unsafe [Minneapolis Star-Tribune, earlier]
  • Academic debate on union issues already wildly lopsided, union-backed labor history curriculum unlikely to help [Alex Bolt, Workplace Choice]
  • Turning unionism into a protected-class category in parallel with discrimination law is one of the worst ideas ever [Jon Hyman, earlier here, etc.]