American trust in government has declined. It is tempting to argue that the growth in regulation has played a role in fueling this negative public perception of government. But digging underneath the data reveals that the relationship is far more complicated. Agency actions may be one of the few things about government that people do like.
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Dean Shapiro: A hidden way politics shapes regulation
To address these questions, two forces should be brought to bear. The first is expertise, which is housed at the agencies of the executive branch. The second is political responsiveness, which comes from the president. The push and pull between expertise and responsiveness is hard to balance, but few would argue that neither should be present.
US Supreme Court won’t consider challenge to New Jersey’s ballot rigging
The United States Supreme Court refused to hear a pivotal case aimed at challenging New Jersey’s controversial ballot laws in a decision not to take up a case that could have threatened the entrenched political establishment’s ability to manipulate the electoral...
Stamato & Jaffe Opinion: The U.S. Supreme Court, regulation and the ‘deep state’
A new opinion piece by Linda Stamato and Sandy Jaffe, policy fellows at the New Jersey State Policy Lab covers how two recent decisions by the United States Supreme Court diminish the regulatory authority of federal agencies, including the Environmental Protection...
Did the Supreme Court just tell the Senate to abolish the filibuster?
Last week, in West Virginia v EPA, the Supreme Court invoked the “major questions doctrine” in determining that the Clean Power Plan issued by the Obama administration was illegal. The major questions doctrine essentially says that for really big...
Research: No Place for Ethics
The concept of natural law, which consists of reason and human nature as norms for human behavior, combines ethics and law in a manner that does not confuse ethics with law or law with ethics but sees the two in complementary roles.
On the eviction moratorium, the Supreme Court turns the law on its head | Opinion
When the U.S. Supreme Court, on Aug. 26, ruled against President Biden’s extension of the moratorium on evictions, it sacrificed the safety and quite possibly the lives of hundreds of Americans to a legal ideology known as legal positivism or the...
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