Bench Memos

Law & the Courts

Do ‘Acting’ Agency Heads Require the Senate’s Advice and Consent?

The question in this post’s title is the topic of a panel discussion that I’ll be taking part in this Friday with law professors Marty Lederman and Jennifer Mascott and constitutional lawyer David Rivkin. (I summarized here the Office of Legal Counsel’s recent opinion answering the question in the negative.)

The panel closes out an impressive day-long conference—“New Normals? The Trump Administration, the Courts, and Administrative Law”—that Adam White has organized in his capacity as director of the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School.

Most Popular

Education

Ivy-League Schools Wither

A  number of liberal bastions are daily being hammered — especially the elite university and Silicon Valley. A Yale and a Stanford, or Facebook and Google, assume — for the most part rightly — that each is so loudly progressive that the public, federal and state regulators, and politicians would of ... Read More
Elections

Weirdo O’Rourke

Friends of the young Bill Clinton and Barack Obama spoke of the special glow of promise they had about them, even back in their early twenties. Angels sat on their shoulders. History gave them a wink and said, “Hey, good lookin’, I’ll be back to pick you up later.” Robert O’Rourke? Not so much. He ... Read More
Elections

One More Profile of Beto, Because America Needs It

Somewhere in Texas, filed on the fly by a glossy-magazine correspondent, and totally not as a parody written by Jim Geraghty -- “It’s all about vision,” Beto O’Rourke tells me, standing tall upon the Texas prairie, or brush, or whatever this high hilltop area is supposed to be called. We’re watching the ... Read More