Privilege and Precedent

The Weekly Standard

It is far from clear that Mueller can compel Trump to testify before his grand jury. Special counsel Robert Mueller wants to talk to the president. With the pitched battle of words forever escalating—Trump’s new team of gloves-off lawyers and his vocal supporters pitted against the special counsel’s own proponents in the media—many exude confidence in Mueller’s power to subpoena the president’s testimony, assuming the eventual backing of the Supreme Court. But let’s slow down a bit. Although Mueller has warned Trump’s lawyers that he might subpoena the president if he refuses to testify voluntarily, he might well elect not […]

End the Bias in Campus Sexual-Misconduct Tribunals

Real Clear Politics

Education Secretary Betsy DeVos and her advisers have made a remarkably good start at ending the Obama administration’s abuse of federal regulatory power to attack the due-process rights of university students accused of sexual assault. But the more important task—the crafting of Title IX regulations to ensure fair treatment for both parties in campus cases—is ahead. Last September, DeVos publicly called for fairness to both sides in campus adjudications. About two weeks later, the Education Department withdrew the Title IX “guidance” that the Obama administration had imposed to specify guilt-presuming procedures for the nation’s colleges and universities to use. DeVos has also ended […]

Overruled

The Weekly Standard

Education Secretary Betsy DeVos on September 22 formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations—rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far more forceful due-process protections down the road. Those follow-on regulations could require schools to presume that accused students are innocent unless proven guilty, to allow rigorous cross-examination of accusers, and perhaps also to grant the accused the unqualified right to appeal adverse decisions, and more. Meanwhile, the modest improvements that DeVos included in the “interim guidance” of September […]

Symposium: Extrapolating from Fisher — Racial preferences forever

SCOTUSblog

Thirteen years to the day after the Supreme Court said “[w]e expect that 25 years from now, the use of racial preferences [in university admissions] will no longer be necessary,” the Court on Thursday paved the way for perpetuating such preferences for many decades, perhaps centuries. Unless the next two Supreme Court appointees are strong opponents of racial preferences — a most unlikely prospect — the Court’s role since the 1978 Regents of the University of California v. Bakke decision as a modest restraint on use of such preferences is at an end. To be sure, Justice Anthony Kennedy’s opinion for […]

It’s Time to Improve Affirmative Action

National Journal

Now that the Supreme Court has blessed racial preferences, universities should be transparent about the costs and benefits to intended beneficiaries. By making clear that racial affirmative-action preferences in higher-education admissions are likely to have the Supreme Court’s blessing for many decades to come, the Court might—just might—have set the stage for a more candid and constructive public discussion about how to make preferences work more effectively for the intended beneficiaries. The June 23 decision should end the siege mentality among defenders of racial preferences—and that, in turn, should lead to much-needed transparency and honesty about the costs as well […]

Debate: The Equal Protection Clause Forbids Racial Preferences in State University Admissions

Intelligence Squared Debate via YouTube
Stuart Taylor, Jr. in a Dec. 3, 2015 debate.

In an Oxford-style Intelligence Squared debate held on December 3, 2015, Roger Clegg of the Center for Equal Opportunity and I argued for the proposition that “The Equal Protection Clause forbids racial preferences in state university admissions.” You can watch video of the debate at IntelligenceSquaredUs.org or via Intelligence Squared’s YouTube channel. The transcript may be read online at IntelligenceSquaredUS.org.

Court Shows Judicial Restraint, Rejects Threat to Obamacare Subsidies

DecodeDC (WKBW.com)

WASHINGTON, D.C. – Six Supreme Court justices Thursday came down for common sense and judicial self-restraint by rejecting, over bitter dissents, a legal challenge that had threatened to cripple President Obama’s Affordable Care Act in 34 states. Because the court sided with the president, Obamacare will continue in effect with no change from the current pattern of distributing to many millions of low-and-middle-income people in all 50 states the premium subsidies (in the form of tax credits) that make health insurance affordable for many or most of them.

Why Did The Supreme Court Uphold The Health Law’s Subsidies?

Interview with Kaiser Health News

The Supreme Court Thursday upheld a key part of the 2010 health law – tax subsidies for people who buy health insurance on marketplaces run by the federal government. KHN’s Mary Agnes Carey discusses the decision with Stuart Taylor Jr., of the Brookings Institution, and KHN’s Julie Appleby.

What The Hobby Lobby Decision Means For Employers

Kaiser Health News

KHN’s Mary Agnes Carey and legal analyst Stuart Taylor discuss Monday’s ruling on the health law’s contraception mandate, examining what the decision could mean for future challenges to the law. MARY AGNES CAREY: Welcome. I’m Mary Agnes Carey. By a vote of 5 to 4, the Supreme Court has ruled that family-owned, closely held corporations do not have to comply with the health law’s contraception coverage requirements if they violate the owner’s religious views. Legal analyst Stuart Taylor Jr. joins us now to discuss the decision. Thanks for being with us. STUART TAYLOR: Nice to be with you. MARY AGNES […]