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Previously I argued that the Republican travail to locomote yesteryear a taxation cutting inwards the shape of a wellness assist nib was testify of constitutional rot -- the descent of the States into a organisation that is less democratic (responsive to pop will), less republican (i.e., 1 inwards which representatives deed to farther Earth good) too increasingly oligarchical. that The novel taxation nib is farther evidence. The basic work is that the contemporary Republican Party is largely controlled yesteryear its wealthiest donors. To rest inwards power, Congressional Republicans must delight these donors, regardless of whatever promises made to actual constituents. Some of the ways that you lot delight donors involve ideological symbolism too low-profile deregulation, but others are essentially cash transfers. Using the apparatus of regime to pay off the people who maintain you lot inwards ability is pretty much the whole betoken of oligarchy. This explains why Republicans mus...

[UPDATED on Dec. 22 to line of piece of occupation organisation human relationship for filing of Deputy Director memo.] So many horrifying things are happening every twenty-four hours (see, for example, Jack’s must-read post on the revenue enhancement bill) that it has go hard to maintain rail of, or fifty-fifty to appreciate, every such development.  This is i such instance that has escaped much attention--it involves remarkable cruelty together with lawlessness, against really vulnerable minors inward the custody of the government, committed yesteryear a zealous official at the Department of Health together with Human Services, and, distressingly, abetted yesteryear the Department of Justice, which ought to live putting a halt to the conduct. As we  As I've previously explained , HHS's Office of Refugee Resettlement (ORR) instructed the authorities contractor "shelters" housing two unaccompanied, immigrant teenage girls--Jane Poe together with Jane Roe--...

In three recent posts , I've sharply criticized briefs filed past times the Department of Justice--and past times the Solicitor General, inward particular--in the diverse iterations of the Hargan v. Garza litigation, involving the HHS Office for Refugee Resettlement's novel practise of preventing minors inward its effective custody from obtaining legal abortions.  (I summarize many of those DOJ failings inward a footnote below.*) Over the weekend, I was listening i time once again to the oral argument before the D.C. Circuit dorsum on Oct 20th, in addition to it occurred to me that 2 farther problematic DOJ arguments are also worth flagging. 1.  "There's No Undue Burden Because She Can Simply Leave the United States." The source is i I mentioned briefly inward my initial post :  In each of its briefs over the cast of the past times x weeks or so, DOJ has argued that ORR's custody of minors does not, as a affair of law , impose an "undue burden,...

H5N1 few days ago, Solicitor-General Noel Francisco submitted a explained inwards a recent post, at 9:30 p.m. on the 24th, Doe’s attorney advert litem emailed the Texas shelter in addition to the AUSA to inform them of the novel 4:15 appointment time—a measurement that was necessary inwards social club to inform the shelter employees of when they had to allow Doe’s carry to the clinic, regardless of whether that appointment would live on for counseling alongside the minute physician or an abortion alongside the first.  The attorney advert litem’s e-mail did non specifically lift that the novel appointment mightiness live on alongside Doe’s previous physician (something that was non yet confirmed), nor that Doe mightiness obtain an abortion at that appointment if the showtime physician were able to attend.  Doe’s counsel had non promised to update the regime on when the abortion would accept house – they said only that “as presently equally nosotros sympathize the clinic’s s...

The enactment of the Republican taxation legislation is clearly a watershed substantively, politically, fiscally, in addition to procedurally.   It puts an terminate to the “noxious but ineffective” characterization of the novel Administration in addition to Congress, a myth that already had piffling credibility alongside anyone who follows health care , the environment , expensive edge wall volition live extremely difficult, all the to a greater extent than in addition to then if this is on top of spending cuts to pay for sequester relief in addition to CHIP reauthorization.      On whatever or all of these issues, Democrats could attempt to pass upwardly the framework that domestic spending – even continuations of existing programs – requires offsets but that massive upper-income taxation cuts exercise non (and that the Pentagon’s budget is off-limits inwards whatever event).   Doing so, however, would probable require a willingness trigger a part...

James Whitman Last calendar week in that place was a landmark instant inwards comparative law, in addition to inwards the international crisis of liberal democracy. It should non teach unremarked. The European Commission, every bit the New York Times explained inwards a condescending editorial, “ reminded Poland how a republic acts ,” initiating an Article vii proceeding because the Law in addition to Justice Party has engineered a “clear gamble of a serious breach of the dominion of law.” The charge, every bit readers of this weblog must all know, is that “Kaczynski in addition to his ilk,” every bit the Times telephone phone them, pushed though judicial “reforms,” alongside the result, inwards the words of the Commission, that “the country’s judiciary is instantly nether the dominion of the political majority.” Now, I convey no patience for Kaczynski in addition to his ilk, in addition to none of us should. But in that place is something unbecoming almost an American newspap...

            Ironically, the GOP proposal to repeal the ACA inwards the cite of returning potency over wellness tending to the states has to a greater extent than or less potentially serious constitutional issues on federalism grounds. Here are to a greater extent than or less preliminary thoughts on the matter, amongst the caveat that conclusions may alter equally nosotros larn to a greater extent than details.                 The most obvious potential federalism job inwards the nib   is the so-called “Buffalo Bribe,” an amendment introduced before this calendar week inwards an examine to eek out a few to a greater extent than GOP votes for the nib from upstate New York Republicans. That amendment intrudes on 1 of the most traditional nation functions of all-- the internal revenue raising too taxing provisions of a state. It provides that New York ...