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Archive of entries posted on November 2014

Upcoming Legisprudence Conference in Israel

An international conference co-sponsored by the Bar-Ilan University Faculty of Law and the Knesset Legal Department, which will take place on December 10-11, 2014 in Israel, was brought to my attention by one of the participants. The conference is entitled “Legisprudence and the Legislative Process: From Theory to Practice,” and includes a number of panels [...]

CRS on the Take Care Clause

This September 4, 2014 CRS memo entitled “The Take Care Clause and Executive Discretion in the Enforcement of Law,” (hat tip: Mort Rosenberg) is helpful background for understanding both the House lawsuit against the Obama administration and the controversy over the President’s executive action on immigration. However, as is not uncommon for CRS reports, there [...]

US House of Representatives v. Burwell

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Gaming out the Coming Confirmation War

There is a reasonable possibility that the Republican-controlled Senate will refuse to confirm any of President Obama’s nominees (or any such nominees who fall into particular categories) in the next Congress. By refusing to confirm nominees, the Republicans would be remedying (it might be argued) the illegal use of the “nuclear option” last year, which [...]

Cannon on Nuking Obamacare

Michael Cannon has made a suggestion, resembling my last post in some respects, that the new Republican majority in the Senate use the nuclear option for purposes of repealing the Affordable Care Act, aka Obamacare. However, for some reason Cannon recommends that the Senate proceed by way of reconciliation, a cumbersome process that is unnecessary [...]

The Filibuster in a Post-Nuclear Senate

Richard Arenberg, an expert on Senate procedure, wrote an interesting article on Monday asking “Would a new Senate majority abuse the budget reconciliation process?” This question matters if one assumes that the minority still has the power to filibuster in the Senate. But does it? The Senate “nuclear option” ruling a year ago did not, [...]