Uncooperative Environmental Federalism: State Suits Against the Federal Government in an Age of Political Polarization
Albert C. Lin 88 Geo. Wash. L. Rev. 890 The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards and invites the states... Read More
Choosing Affordable Health Insurance
Govind Persad 88 Geo. Wash. L. Rev. 819 The Affordable Care Act (“ACA”) made health insurance accessible to many. Yet unaffordable insurance still abounds. This Article proposes a strategy for improving affordability that enables health insurance purchasers to choose, within reasonable limits, which treatments their insurance covers. After critiquing recently proposed strategies for improving affordability... Read More
Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term
Professor Rory K. Little · July 2020 88 Geo. Wash. L. Rev. Arguendo 83 In 1932, Justice Oliver Wendell Holmes Jr. retired but continued to employ Mark DeWolfe Howe as his law clerk. A tradition of retired U.S. Supreme Court Justices employing a law clerk has continued, apparently intermittently, since that time. At some point,... Read More
Law Clerks: A Jurisprudential Lens
Professor Perry Dane · July 2020 88 Geo. Wash. L. Rev. Arguendo 54 2019 was the putative hundredth anniversary of the formal institution of Supreme Court law clerks. It is understandable at this milestone to focus on biography, history, and warm personal reminiscences. As a former clerk to Justice William J. Brennan Jr., memories of... Read More
Supreme Court Clerks and the Death Penalty
Professor Matthew Tokson · July 2020 88 Geo. Wash. L. Rev. Arguendo 48 My first weeks as a Supreme Court clerk were, in many ways, shocking. I was shocked to be sitting in Ruth Bader Ginsburg’s office, listening to her discuss the upcoming term. I was awestruck as I wandered the Court’s red- carpeted halls,... Read More
Chiafalo v. Washington: Presidential Elections Are Messy Enough Already
In Chiafalo, the Supreme Court averted electoral chaos. This November, it may need do so again.
The Bottom Lines in the Trump Subpoena Cases: More Losses Than Wins for the President, but No One Is Going to See His Tax Returns Soon
Congress now has a roadmap that it can follow when it wants to obtain documents from the public at large, as well as the executive branch.
The 2020 Ministerial Exception Cases: A Clarification, Not a Revolution
Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.
June Medical Services v. Russo: A Temporary Victory for Reproductive Rights
Stare decisis, it seems, is in the eye of the beholder.
Seila Law v. Consumer Financial Protection Bureau: Score One for The Unitary Executive Theory
This is not an argument that a presidential firing is necessarily the only way for this issue to be decided, but only that there was no reason to reach out to decide a constitutional issue when the parties did not disagree and when principles of constitutional avoidance pushed in the opposite direction.