Out with the Old, in with the New

December 31st, 2016

Out: Take Care Clause. In: Emoluments Clause

Out: Prosecutorial Discretion. In: Separation of Powers.

Out: Informal Guidance. In: Petitions for Rulemaking.

Out: Thomas is dangerous about AuerIn: Thomas has a point about Auer.

Out: “Political Agreements” are not Treaties. In: Treaties Must Be Submitted for Ratification.

Out: Spending-clause analysis in NFIB is dangerous to Medicaid. In: Spending-clause analysis in NFIB essential for sanctuary cities.

Out: Endorsing Justice Stevens’s Amendment to overturn PrintzIn: State officials cannot be commandeered by federal immigration officials.

Out: Retire already Justice Ginsburg! In: Please Justice Kennedy, don’t retire.

Out: Texas suing Obama. In: California suing Trump.

Out: Government shutdowns are bad. In: Government shutdowns are essential.

Out: We need 9. In: Not that 9.