My new piece at Cato begins:
In a memo dated June 5, Attorney General Jeff Sessions has ended the practice by which the Department of Justice earmarks legal settlement funds for non-governmental third-party groups that were neither victims nor parties to the lawsuit. This is terrific news and a major step forward in respecting both the constitutional separation of powers and the private rights that litigation is meant to vindicate.
On the separation-of-powers aspects of these slush funds, I go on to recommend a vigorous dissent by Judge Janice Rogers Brown in the recent D.C. Circuit case of Keepseagle v. Perdue. Whole thing here.