Supreme Court Signals Its Interest in Limiting the President’s Leeway for Irrational Policymaking SHARE
The Supreme Court recently signaled its interest in limiting the president’s leeway to make irrational policy. Such a curtailment is long past due, as modern presidents increasingly have abused this latitude to push the envelope of unilateral executive power.
Usually, Congress grants regulatory power to administrative agencies (think: EPA, SEC, FERC, etc.). For these agency rules, courts apply “hard look” review to ensure the measure’s reasonableness. Sometimes, however, Congress delegates regulatory authority directly to the president. In this context, courts do
not perform reasonableness review of the president’s decision making. That’s because, almost 30 years ago, the Supreme Court exempted the president from “hard look” review.
Kentucky Supreme Court to hear two cases involving COVID-19 orders
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Kentucky Supreme Court to hear two cases involving COVID-19 orders
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The California gnatcatcher,
Polioptila californica, is a little gray bird. Males are identifiable by their black cap (absent in winter), females by the slight brownish tinge of their plumage. Distinguishing the California gnatcatcher from the fifteen other species of gnatcatcher is easy, the ornithologist Jonathan Atwood told me “if you’re a gnatcatcher freak.” All the others are little gray birds, too.
Scientists have divided
Polioptila californica into several subspecies. The northernmost of these, the coastal California gnatcatcher (
Polioptila californica californica) lives along the western coast of the Baja Peninsula, from El Rosario, Mexico, north to Long Beach a range that includes some of the choicest undeveloped real estate in southern California. When the U.S. Fish and Wildlife Service listed the subspecies as threatened under the Endangered Species Act in 1993, the region’s ranchers and developers were furious. The listing would cost them more than $900 mill