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Executive Order

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Fairholme Funds, Inc. v. United States: Litigation Discovery and the Most Transparent Administration in History

Kennedy, Korematsu, and the Travel Ban

John Reid February 10, 2017
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President Trump’s recent travel ban sparked an interesting constitutional discussion regarding the limits of executive authority.  Assuming Judge Robart’s ruling, blocking President Trump’s executive order, does make its way to the Supreme Court, the potential Supreme Court ruling would have broad implications beyond President Trump’s executive order regarding a travel ban.  The reverberations of such a ruling will likely effect presidential powers for years to come. For the liberal bloc of the Court to have any hopes of overturning the largest portions of President Trump’s order and create new precedent they need the vote of Justice Kennedy, the so-called “swing vote” on the Supreme Court. In order to draw Justice Kennedy to their side they could offer one incredibly enticing opportunity: the chance to overturn the universally reviled Korematsu v. United States. [Read More]

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FCC Front Door

An Obama mandate to trim outmoded rules is one Trump should keep

Randolph J. May December 21, 2016
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Here’s the way I began my commentary, “One Obama Executive Order That Makes Sense,” published on December 19 in the Washington Times:

In July 2011, President Barack Obama actually issued an executive order that, at least on paper, makes good sense. It’s Executive Order 13579, ‘Regulation and Independent Regulatory Agencies,’ urging independent agencies such as the Federal Communications Commission to establish plans for periodic retrospective reviews aimed at eliminating outmoded regulations.

E.O. 13579 followed on the heels of an earlier Obama executive order requiring executive branch agencies to engage in retrospective reviews to eliminate outdated, no longer necessary regulations. In the case of so-called independent agencies, President Obama (supposedly) could not “order” that the agencies undertake retrospective reviews, so E.O. 13579 simply “urges” them to do so. [Read More]

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Immigration and the Separation of Powers by Margaret D. Stock

President Obama Issues Competition Executive Order

Susan E. Dudley April 20, 2016
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President Obama issued a new executive order on Friday aimed at promoting competitive markets. Competition – whether it is for talent, products, customers, jobs, etc.—can effectively “regulate” workplace conditions, prices and quality, and reward innovation.  Thus, the President’s request that federal agencies “identify specific actions that they can take in their areas of responsibility to address undue burdens on competition” is welcome. [Read More]