Yesterday, the Hoover Institution hosted a conference on “A Better Way,” the House Republicans’ agenda to make America perhaps not great again but at least work again. That proved a useful focus for a panel discussion featuring yours truly (video link to come). As for ABW itself, I’m with the Boss: Well my soul checked out missing as I sat listening To the hours and minutes tickin' away Yeah just sittin' around waitin' for my life to begin While it was all just slippin' away The fact is that ABW is dead for the foreseeable future. Mr. Trump has severely compromised, if not single-handedly destroyed,…
Last week, the shorthanded Supreme Court bounced back into action with orders on the pending clutter of cases. Among a slew of cert denials, some grants in mostly tedious cases, a handful of CVSG’s (Call for the views of the Solicitor General), and a gaggle of housekeeping orders, there was a relist in The Gillette Company v. California Franchise Tax Board. The humble Question Presented is whether the Multistate Tax Compact has the status of a contract that binds its signatory States. Gillette and a bunch of other companies say “yes.” California says the Compact was just a good-natured joke, and the California Supreme Court agreed.
The Office for Civil Rights (OCR) periodically sends “Dear Colleague” letters to higher ed leaders, suggesting ways in which their institutions might avoid running afoul of made-up civil rights requirements. Said leaders (presidents, provosts, etc) periodically send “Dear Faculty Colleague” letters, not to intimidate but to—actually, I don’t know what. I’ve cobbled together a letter from missives you can find on the internet (so it’s ferreal; only PCU is made up):
As this post goes up I’m off to Germany, this time for some actual work. In cooperation with the Council on Public Policy (a German think tank run by my buddy Michael Zoeller), the GMU Law & Economics Center runs something called the Transatlantic Law Forum (TLF). We assemble legal scholars, judges, and lawyers from both sides of the pond and the blessed isle in-between to discuss serious, salient questions related to constitutionalism and the rule of law. Our conferences alternate between GMU’s Antonin Scalia Law School and Bucerius Law School in Hamburg (Germany’s only private law school, and therefore far and away the best). Last year’s event at ASLS, on “The Administrative State and its Law,” produced terrific essays that will appear in a forthcoming issue of the George Mason Law Review; I’ll blog them.
Earlier this month Jack Balkin (Yale Law School) and I found ourselves on an APSA/Claremont Panel on “The Legacy of Justice Antonin Scalia,” alongside Hadley Arkes and Ralph Rossum. We couldn’t find anything to disagree about.
I love the Wall Street Journal—the daily diary of American despair. Even if some of the stuff isn’t exactly news, or news of the “I told you so” variety.
The Manhattan Institute’s excellent Steven Malanga reports that states and their hangers-on have tried to cover up the state pension crisis.
Last week, in a case brought by the State of Texas and several other states and state agencies, a U.S. District Court (Judge O’Connor, Northern District, Texas) issued a preliminary injunction against the feds’ rule, or maybe it’s just a suggestion, contained in a “Dear Colleague” letter regarding bathroom, locker room, and shower access for transgendered individuals. Judge O’Connor ordered some further briefing on the appropriate scope of the injunction. The ruling is just one brief episode in the transgender bathroom saga, whose trajectory points to yet another Supreme Court determination on conflicts between the Constitution’s Meaning of Life Clause and the rule of law as we thought we knew it.
My preceding post noodled over non-German authors’ contributions to the Frankfurter Allgemeine Zeitung’s “Crumbling Europe” series. Today, a few of the Germans. Their contributions are charitably described as disappointing; if you’re seriously worried about the EU, hair-raising is a better adjective. The general pattern is 1) a resolute unwillingness to re-think the EU project, coupled with 2) an unnerving insistence of projecting Germany’s political preferences and attitudes onto the EU and 3) not one word of acknowledgment that the EU is confronting a central, blazingly obvious German problem (see my earlier post).
Beginning pre-Brexit and ending post-Turkey coup, the Frankfurter Allgemeine Zeitung published a series of articles under the heading, Zerfaellt Europa? (Is Europe Crumbling?). Interesting stuff. Naturally it’s all in German and that be difficult speak. I’ll supply links upon request but you’ll have to trust my summaries and translations. Or ignore this and the next post.
Jointly and severally, the articles—authored for the most part by past and present politicians—suggest several conclusions. First, the idea that there might be something wrong with the EU that can’t be fixed with the demand for “more Europe” and “ever closer union” has begun to occur to responsible politicians. Good.