I sure hope the Brits vote “Leave” on June 23. That would be the first thing to go right in global politics this year.
In a momentous decision, a panel of the D.C. Circuit (Judges Srinivasan, Tatel, and Williams; opinion by Srinivasan, partial dissent by Williams) has upheld the FCC’s “net neutrality” rule. Henceforth broadband providers will be regulated not as information providers but as a “telecommunications service” under Title II of the Communications Act. Among other things this entails “must carry” obligations and a command that the providers may not charge different rates to different content providers (in regulatory parlance, “paid prioritization”).
In a 5-2 decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust (Justice Alito recused), the U.S. Supreme Court has held that the Commonwealth of Puerto Rico may neither avail itself of the protections of Chapter 9 of the U.S. Bankruptcy Code nor, by way of a “Recovery Act,” authorize its municipalities and utilities to restructure debts owed to bondholders and various other entities (some $70 billion, at last count). Justice Thomas’s opinion for the Court rests on a strict reading of the statute, which says (in one provision) that Puerto Rico isn’t a “state” “for purposes of defining who may be a debtor under chapter 9” but defines the Commonwealth as a “state” for purposes of its preemption provision, which bars any state from enacting debt relief measures for municipalities outside Chapter 9.
Uwe E. Reinhardt is a celebrity prof (economics and public affairs) at Princeton. I’ve never met him but have read some of his stuff, on account of my passing interest in health care economics. I can’t judge it but it’s consistently informative, and leavened with a healthy sense that “we economists really do not know how the world works.” (They should nail that sentence over every door jamb at the Federal Reserve.) Professor Reinhardt’s most recent publication, which I suppose is rattling around on a thousand sites but deserves an additional shout-out here, is about the dead—specifically, “The American Dead in…
In an order that the Volokh Conspiracy’s Orin Kerr has described as “puzzling,” U.S. District Judge Andrew Hanen has instructed U.S. Attorney General Loretta Lynch to institute a five-year ethics training program for any lawyer seeking to appear in any of the 26 states that participated in the immigration case now pending before the Supreme Court. Judge Hanen presided over the district court proceedings in that case.
In House of Representatives v. Burwell, yet another big case arising over the Affordable Care Act, U.S. District Judge Rosemary Collyer has ruled that the administration’s implementation of the Act’s subsidy provisions violates the Constitution. Lots of fun here; let’s start with the basics.
As described in my earlier post and a splendid Wall Street Journal piece by my colleague Lloyd Cohen, some members of the GMU faculty strenuously oppose the renaming of GMU School of Law after the late Justice Antonin Scalia, and the Faculty Senate has passed a resolution to that effect. The mau-mau artists have somehow managed to convey the impression that faculty opposition includes members of the law faculty. That is emphatically not so. As of May 12, the law faculty unanimously approved a resolution in support of the renaming, and in protest against the GMU Faculty Senate’s shameful agitation. Res…
The proposed renaming of my law school—heretofore GMU School of Law, henceforth Antonin Scalia Law School—has met with resistance among faculty members elsewhere at GMU. My colleague Lloyd Cohen has described the contretemps and ably defended both Justice Scalia and the renaming decision in the Wall Street Journal.
What of the opposition?
Late last week, a panel of the D.C. Circuit dinged Amtrak for the second time. The case (Association of American Railroads v. Department of Transportation) involves several constitutional questions regarding Amtrak’s funky set-up and operation. Herewith a few preliminary words on one of them: delegation and due process.