Engage Volume 16, Issue 1

July 17, 2015

We are pleased to bring you the latest issue of Engage: The Journal of the Federalist Society Practice Groups. Engage provides original scholarship on current, important legal and policy issues....[Read Now!]

Does EPA’s Clean Power Plan Proposal Violate the States’ Sovereign Rights?

Engage Volume 16, Issue 1
David B. Rivkin, Jr., Mark DeLaquil, Andrew Grossman June 15, 2015
EPA sign

This article discusses the Environmental Protection Agency’s proposed Clean Power Plan rule under the Clean Air Act. The authors argue that the Proposed Rule forces each state to overhaul its energy market. If the rule is finalized, and if it is held to be within EPA’s statutory authority, the courts would be constrained to reject it as exceeding federal power under the Constitution....[Read More!]

A Jurisprudential Divide in U.S. v. Wong & U.S. v. June

Engage Volume 16, Issue 1
Richard J. Peltz-Steele June 09, 2015

On April 22, the Supreme Court decided two consolidated cases construing the Federal Tort Claims Act, U.S. v Kwai Fun Wong and U.S. v June, Conservator.  The Court majority, 5-4, per Justice Kagan, ruled in favor of the claimants and against the Government in both cases. On the face of the majority opinion, Wong and June come off as straightforward matters of statutory construction.  But there’s more going on under the surface....[Read More!]