administrativelaw
In the immediate aftermath of the Civil War, Supreme Court Justice David Davis unequivocally dismissed the idea of an "emergency" Constitution: The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Davis was writing the majority opinion in Ex parte Milligan, ...
Reason
You probably have never heard of 2,5-dimethoxy-4-iodoamphetamine) (DOI), let alone heard that it is commonly abused. Yet the Drug Enforcement Administration (DEA) wants to ban the synthetic psychedelic, a promising research chemical that has figured in more than 900 published studies, by placing it in Schedule I of the Controlled Substances Act, a category supposedly reserved for drugs with a high abuse potential and no recognized medical applications—drugs so dangerous that they cannot be used safely, even under a doctor's supervision. Students for Sensible Drug Policy (SSDP), which defeated ...
Reason
On June 19, the Utah legislature passed resolutions directing state government entities to ignore the Biden administration's new interpretation of Title IX, joining numerous other states who have opposed the administration's proposed expansion of anti-discrimination protections. The two resolutions, HCR301 and HJR301, declare through "legislative findings" that the new rules are an "overreach of federal administrative authority." The issue stems from the Biden administration's proposed interpretative rule, released in April, which would expand the enforceable scope of Title IX of the Education...
Reason
The effective altruism (E.A.) movement, which began with the premise that philanthropists should do the most good per dollar spent, injected pragmatism into an arena where good intentions can trump rational, effective number crunching. A generation of effective altruists—many schooled in Silicon Valley thought—have since embraced this metric-driven, impartial philosophy and translated their own good intentions into good works. However, artificial intelligence (AI) exposes a flaw in the movement: a powerful faction of doomsayers. The result is not just misplaced philanthropy but lobbying to cre...
Reason
Last January, the U.S. Court of Appeals for the 5th Circuit held that the Food and Drug Administration (FDA) had acted "arbitrarily and capriciously," in violation of the Administrative Procedure Act, when it refused to allow the marketing of flavored nicotine e-liquids made by two companies. On Tuesday, the U.S. Supreme Court agreed to review that decision. The case highlights the maddeningly unfair process by which the FDA enforced its judgment that vaping products in flavors other than tobacco and menthol are ipso facto intolerable, even though former smokers prefer those options. "Over sev...
Reason
After the U.S. Supreme Court curtailed the powers of federal agencies in two cases last week, progressive critics predictably complained that the decisions favored "big business," "corporate interests," and "the wealthy and powerful." That gloss overlooked the reality that people with little wealth or power frequently are forced to contend with overweening bureaucrats who invent their own authority and play by their own rules. In the more consequential case, the Court repudiated the Chevron doctrine, which required that judges defer to a federal agency's "permissible" interpretation of an "amb...
Reason
On Friday, the Supreme Court overturned Chevron v. Natural Resources Defense Council, a 1984 ruling that gave government agencies broad discretion to interpret "ambiguous" laws. "Critics have long complained that Chevron deference allowed bureaucrats to usurp a judicial function and systematically disadvantaged 'the little guy' in disputes with an overweening administrative state," wrote Reason's Jacob Sullum of the Friday decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The decision will impact the way agencies regulate fields such as environmental an...
Reason
The Supreme Court today ruled that the Securities and Exchange Commission (SEC) may not impose civil penalties for fraud without filing suit in federal court. Because "the SEC's antifraud provisions replicate common law fraud," Chief Justice John Roberts writes for the majority in SEC v. Jarkesy, alleged violators are entitled to a jury trial under the Seventh Amendment. The decision rejects a perverse system in which the SEC, instead of seeking adjudication by an Article III court, can investigate, charge, prosecute, and penalize people for violating securities laws, with only limited judicia...
Reason
After the Supreme Court overturned the Trump administration's bump stock ban last week, critics complained that the justices had interpreted the Second Amendment in a way that rules out perfectly reasonable gun regulations. That was an odd complaint, because the case did not involve the Second Amendment. The Court's decision upheld an important principle that goes far beyond gun control: Federal bureaucrats do not have the authority to invent new crimes by rewriting the law. All Americans, regardless of how they feel about gun rights, have a stake in that principle, which is crucial to the rul...
Reason
In this week's The Reason Roundtable, editors Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman pore over recent Supreme Court decisions regarding the abortion pill mifepristone and the Trump administration's ban on gun bump stocks. 02:01—Supreme Court rulings on abortion pill and bump stocks 16:45—Secret recording of Supreme Court Justice Samuel Alito 27:45—Weekly Listener Question 37:11—Hunter Biden's conviction 44:30—This week's cultural recommendations Mentioned in this podcast: "Unanimous Supreme Court Rejects Abortion Pill Challenge," by Elizabeth Nolan Brown "The Igno...
Reason
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