Kisor v. Wilkie — More Rumbles of Discord on the Supreme Court

On June 26, 2019 the Supreme Court issued its much-anticipated decision in Kisor v. Wilkie.  In it, the Court preserved the Auer doctrine, which requires judges to give deference to federal agencies in interpreting their regulations. The Court’s elaborate reexamination of this doctrine — named for Auer v. Robbins, a 1997 case in which Justice Antonin Scalia endorsed it — is chock full of murky limits and caveats, and so will undoubtedly delight law professors and tax many a law student come fall exam time. The case is also worth reviewing for the tension among the various opinions, what this hints about judicial activism on the Supreme Court, and the threat all this presents to fundamental rights, including a woman’s right to choose.

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Executive Privilege and the Census

The truth may be out there, but President Donald Trump is doing his level best to prevent its discovery. His latest effort is the assertion of executive privilege in the face of congressional inquiries into the addition of a citizenship question to the 2020 census. The move is not likely to go unchallenged—and, in this case at least, the president’s lawyers may have their work cut out for them.

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Big Brother Is, In Fact, Watching

The US government is tracking people who oppose its unlawful and inhuman practices. In February of 2019, I filed Communiques with UN Special Rapporteurs, asking for their intervention with the US government. UN human rights mechanisms are a last resort, utilized when a person’s own government is harming them, and refuses requests for transparency about their abuses of power.

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