Michael S. Greve Website

Michael S. Greve is a professor at George Mason University School of Law. From 2000 to August, 2012, Professor Greve was the John G. Searle Scholar at the American Enterprise Institute, where he remains a visiting scholar. His most recent book is The Upside-Down Constitution (Harvard University Press, 2012).

Elizabeth Warren’s World, and Mine

Federal Reserve Hearing

Some time ago in these pages I’ve expressed my grudging admiration for my native country’s Weberian, bureaucratic legalism.  The years I spent under that system should give me an advantage in a bureaucratizing America that’s still trying to domesticate latter-day cowboys. Nope.  American-style bureaucracy is way more suffocating, stupid, and sinister.

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No to Common Core, Yes to State Competition in Education

There’s been some good writing on Common Core—e.g. by Richard Reinsch on this site and by my ex-colleague Rick Hess in National Affairs.  And there’s been a lot of hyperventilation over it, mostly in connection with de facto presidential contender Jeb Bush’s “doubling down” on his support for Common Core: can he really be a conservative? Isn’t Common Core a liberal conspiracy, hatched in D.C. to take over local schools? Etc. What’s been missing is the voice of a true education expert: me.

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Stan Evans, RIP

Stan Evans died this past week at the age of 80. Other, much closer friends have celebrated and will continue to celebrate his lasting contributions to the cause of liberty. I miss the man because he was never one for a conservative pity party; always willing and eager to go one more round; deeply serious and at the same time hilarious, at hard-to-match levels. Two memories stand out: A few years ago the Philadelphia Society invited me to give a talk on (what else?) federalism. What they didn’t tell me was that Stan would introduce me. So we sit down at…

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Obamacare Meets Rudy

Yesterday’s extended argument in King v. Burwell brought moments of something bordering on joy and gratitude. The exchanges between Justice Elena Kagan and Mike Carvin, both at their very considerable best, stand out: serious questions, serious answers; obvious mutual respect. No matter whose side (if any) you’re on, that’s the way the system is supposed to operate. Give thanks when it (still) does. And then, there were moments that made your heart sink: JUSTICE SCALIA: What about Congress? You really think Congress is just going to sit there while—while all of these disastrous consequences ensue. I mean, how often have we come out…

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Trust Us, We’re the IRS


I am a faithful subscriber to the Washington Post: morning after morning, it makes for merriment. Its editorial and op-ed pages, for instance, have been given over for weeks to the regurgitation of ACA defenses cranked up in New Haven or in the PR offices of the country’s health care lobbies (interspersed with an occasional George Will column). Then yesterday, the Post (printed version) conveniently supplied a long piece detailing “Five Myths About King v. Burwell”—written by a pro-ACA advocate in the litigation, who nonetheless earnestly professed to sort “fact from fiction” in the case. That was a good one.

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Federal Preemption: The Numbers

The federal preemption of state law is a subject that only dorks could love. Four of them (Jon Klick, Mike Petrino, J.P. Sevilla, yours truly) have just published an empirical analysis of preemption decisions in the Rehnquist and the Roberts Courts. Preemption is the Supreme Court’s daily diet, with three or four cases each Term. So you can actually do the numbers. What the numbers show is that the once-humdrum preemption issue has become a matter of intense ideological contestation.  Preemption cases are less likely to be (nearly) unanimous than the general run of decided cases; and in contested cases, the…

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Flowers and Headscarves, Oh My!

Abercrombie-Headscarf Firing

Have you heard the one about the Christian florist who declined to sell flowers for a gay wedding? She got sued by the Washington AG and by the ACLU. In a 60-page opinion, a state judge ruled against her. The florist is appealing. Also, she has since stopped selling flowers for any kind of wedding, lest “discrimination” break out yet again.

Have you heard the one about the young lady who showed up for a job interview with Abercrombie & Fitch wearing a black headscarf? You will: her fate is at issue in Equal Employment Opportunity Commission v. Abercrombie & Fitch, pending before the Supreme Court. Abercrombie’s strict regulations of its floor “models’” attire and appearance include a prohibition against headgear.

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Illinois Looks for a Life Raft

Illinois Flag Closeup

Chapter 9 of the U.S. Bankruptcy Code governs bankruptcy proceedings for municipal governments (but not states). It’s been used mostly to restructure debts of small government entities who find themselves in temporary distress. But Chapter 9 has also been used to solve, in a manner of speaking, solvency problems incurred by real places, like Stockton (CA) and Detroit. And there’s more to come.

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Politics, Yes; Agency Experts, No


In an earlier post I commented on President Obama’s success in bulldozing the Federal Communications Commission (FCC) into regulating the Internet as a public utility. GOP legislators have since vowed to look into the matter; among other things they’ve asked the FCC to turn over all correspondence with the White House, to learn whether there has been any “illegal coordination” between the President’s flacks and the “independent” FCC. This strikes me as a rather pathetic response and an unhelpful distraction.

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