Preview of the November 2022 Supreme Court Arguments
October 31 Students for Fair Admissions, Inc. v. University of North Carolina No. 21-707, M.D.N.C. Preview by Rebekah Bass, Member Can race-conscious admissions policies stand up to the strict scrutiny of the Fourteenth Amendment? That is the issue presented in Students for Fair Admissions, Inc. v. University of North Carolina. Petitioner Students for Fair Admissions... Read More
Print Preview of Bibb Balancing: National Pork is a Bibb Case, Not a Pike Case
Michael S. Knoll & Ruth Mason · November 2022 91 Geo. Wash. L. Rev. Arguendo 1 In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California, dismissing a challenge to Proposition 12, which, inter alia, bans the sale of wholesome pork... Read More
Preview of Sackett v. EPA
October 3 Sackett v. Environmental Protection Agency No. 21-454, 9th Cir. Preview by Robert L. Glicksman, J.B. & Maurice C. Shapiro Professor of Law, George Washington University Law School When do wetlands qualify as “waters of the United States” subject to regulation under the federal Clean Water Act (the CWA or the Act)? That is... Read More
Preview of the October 2022 Supreme Court Arguments
October 3 Delaware v. Pennsylvania and Wisconsin No. 22-1045, Original Preview by John Tuley, Member In Delaware v. Pennsylvania and Wisconsin, the Court will decide whether MoneyGram’s “Official Checks,” which are used to pay third parties, constitute a “money order, traveler’s check, or other similar written instrument (other than a third party bank check)” under... Read More
Carrot & Stick: Reorganizing and Empowering the Election Assistance Commission
Jessie Ojeda 90 Geo. Wash. L. Rev. 1354 The U.S. Election Assistance Commission (“EAC” or “Commission”) is failing in its duties to shepherd and assist in the betterment of our federal elections. In the wake of the highly controversial 2016 and 2020 presidential elections and related claims of election interference, the EAC has received increased... Read More
A New CFIUS: Refining the Committee’s Multimember Structure with For-Cause Protections
Vania Wang 90 Geo. Wash. L. Rev. 1316 Foreign investment in the United States has always been an important element of the nation’s economy, but it can leave the United States and its citizens vulnerable to foreign control. In recent years, many have grown concerned that sovereign governments have been investing in the United States... Read More
(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