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The U.S. Supreme Court last week agreed to decide a case that could bring on a major weakening of the laws that the United States Congress has put into place to protect public health, safety, and the environment. The Chevron doctrine, as it's known, has never been popular with the regulated industries and conservative think tanks that want to limit the power of federal agencies.

We asked several of our Member Scholars how the midterm election outcomes will affect policy going forward in our three priority policy areas. Today’s post covers the implications for regulations.

Law professors dream of the day when the U.S. Supreme Court will rely on one of their publications for a proposition that is crucial to the outcome of an important case. What better validation of all the blood, sweat, and tears that were poured into the publication? What an existential high to know that they have finally arrived at the pinnacle. We experienced none of those emotions when reading Chief Justice John Roberts' opinion in West Virginia v. EPA. The citations to our work were both minor and innocuous, so that fact helps allay any sense of accomplishment. But equally significant, the Court's analysis bears little relationship to our own understanding of Section 111(a) of the Clean Air Act.

The U.S. Supreme Court's upcoming ruling on the U.S. Environmental Protection Agency's power to regulate greenhouse gases from coal-fired power plants offers an unwelcome opportunity for its conservative majority to advance the former Trump administration's goal of "deconstructing the administrative state." The vehicle for advancing the Trump agenda is the obscure "major questions" doctrine, under which the Court insists that congressional delegations of power to regulatory agencies must be made with pinpoint precision on questions of "vast economic and political significance."

Governments and industries are "reopening" the economy while COVID-19 continues to rage across the United States. At the same time, the lack of effective, enforceable workplace health and safety standards puts workers and the general public at heightened risk of contracting the deadly virus. In a new report from the Center for Progressive Reform, Sidney Shapiro, Michael Duff, and I examine the threats, highlight industries at greatest risk, and offer recommendations to federal and state governments to better protect workers and the public.

Staff and Board members of the Center for Progressive Reform (CPR) denounce the murder of George Floyd by Minneapolis police officer Derek Chauvin on Memorial Day. We stand with the peaceful protestors calling for radical, systemic reforms to root out racism from our society and all levels of our governing institutions and the policies they administer. CPR Member Scholars and staff are dedicated to listening to and working alongside Black communities and non-Black people of color to call out racism and injustice and demand immediate and long-lasting change. Racism and bigotry cannot continue in the United States if our nation is to live up to its creed of life, liberty, and the pursuit of happiness for all.

Over the last month, the scripts of the daily White House COVID-19 briefings have followed a familiar pattern: President Trump leads off with assurances that the crisis remains “totally under control” and that miracle cures are just around the corner. Then agency experts come to the microphone and tell a very different story. For example, on March 19, the president reported that the Food and Drug Administration “very, very quickly” approved a malaria drug, hydroxychloroquine, for treating COVID-19 that it had previously approved for lupus, malaria, and rheumatoid arthritis. Later in the briefing, Dr. Anthony Fauci, the long-time head of the National Institute for Allergy and Infectious Diseases, cautioned listeners that controlled testing would have to be completed before we know whether the drug works on the novel coronavirus. And FDA later warned that it had definitely not approved hydroxychloroquine for fighting the virus.

In response to this month's mass shootings in El Paso, Texas, and Dayton, Ohio, President Donald Trump urged legislators to enact "red flag" laws to prevent future tragedies. Red flag laws allow police or family members to seek court orders (sometimes called "extreme risk protection orders") that temporarily remove firearms from individuals who present a […]

Although Workers' Memorial Day was officially April 28, the time has not passed for remembering the thousands of friends, family members, and neighbors whose lives were tragically cut short due to fatal on-the-job incidents this past year. We carry on their memories as we renew the fight for healthy and safe working conditions. On average, […]