(Con)textual Interpretation: Applying Civil Rights to Healthcare in Section 1557 of the Affordable Care Act
Heather Skrabak 90 Geo. Wash. L. Rev. 1291 When Congress passed the Affordable Care Act in 2010, Section 1557 of the legislation promised powerful nondiscrimination protections in healthcare on the bases of race, color, national origin, sex, age, and disability. This was a thrilling new development, as Congress had already extended civil rights protections against... Read More
Supervising Guantanamo Tribunals: Appointments Clause Challenges After Arthrex
Laura Stanley 90 Geo. Wash. L. Rev. 1265 Recent Supreme Court jurisprudence suggests courts may begin to play a greater role in scrutinizing congressional statutes that shield agency adjudicators from presidential control. In the context of patent adjudication, the Supreme Court held in Arthrex that administrative patent judges’ decisions must be subject to agency-head review... Read More
Statute-Focused Presidential Administration
Bijal Shah 90 Geo. Wash. L. Rev. 1165 When the President directs agency action, this is known as “presidential administration.” Without fail, presidential administration furthers the President’s own policy aims. Accordingly, this dynamic has intensified greatly in recent years, which has rendered agencies highly responsive to the President’s interests. However, agencies must be responsive also,... Read More
The New Separation of Powers Formalism and Administrative Adjudication
Robert L. Glicksman & Richard E. Levy 90 Geo. Wash. L. Rev. 1088 The Supreme Court has entered a new era of separation of powers formalism. Others have addressed many of the potentially profound consequences of this return to formalism for administrative law. This Article focuses on an aspect of the new formalism that has... Read More
Testing Textualism’s “Ordinary Meaning”
Tara Leigh Grove 90 Geo. Wash. L. Rev. 1053 The statutory interpretation literature has taken an empirical turn. One recent line of research surveys the public to test whether textualist opinions reached the “right answer” in specific cases—that is, whether textualist judges correctly identified the “ordinary meaning” of federal statutes. This Foreword uses this literature... Read More
Remedying the Health Implications of Structural Racism Through Reparations
Kendall Lawrenz 90 Geo. Wash. L. Rev. 1018 From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in... Read More
Can We Agree to Agree? Forming Interstate Agreements to Address Water Pollution
Alyssa Sieja 90 Geo. Wash. L. Rev. 989 Nonpoint source pollution, such as agricultural pollution, accounts for most of the pollution that currently impairs waterways in the United States. The Clean Water Act, however, largely leaves regulation of this type of pollution to state management and regulation. This leads to a patchwork of differing water... Read More
Rectifying Wrongful Convictions Through the Dormant Grand Jury Clause
Colin Miller 90 Geo. Wash. L. Rev. 927 In 1995, Lamar Johnson was convicted of a murder in St. Louis. Twentytwo years later, St. Louis Circuit Attorney Kimberly Gardner created a Conviction Integrity Unit (“CIU”) to review possible wrongful convictions. After reviewing Johnson’s case, the CIU concluded that Johnson was innocent. Then, consistent with her... Read More
The Making of the Supreme Court Rules
Scott Dodson 90 Geo. Wash. L. Rev. 866 The reality that rules define institutions is no less applicable to the Supreme Court. Yet the literature on the Supreme Court Rules, and the rulemaking process behind them, is practically nonexistent. Part of the reason is that the rulemaking process for the Supreme Court Rules is a... Read More
Unoriginal Textualism
Frederick Schauer 90 Geo. Wash. L. Rev. 825 The burgeoning debates about constitutional interpretation show no signs of abating. With surprisingly few exceptions, however, those debates involve a contrast between textualism understood as some form of originalism, on the one hand, and various varieties of less textually focused living constitutionalism on the other. In conflating... Read More