The Supreme Court has good reason to question the expansion of power in the executive branch. Agencies such as the Occupational Health and Safety Administration (OSHA) exercise broad authority, deciding policy questions that the constitutional Framers expected Congress to decide. As a result, presidents wield far more power than they should.
But the Court picked the wrong time and place to put the brakes on executive authority with its decision in NFIB v. Becerra, the case that involved OSHA’s rule for COVID vaccination or testing in the workplace. The Court acted unwisely—and inconsistently with past decisions.
Continue Reading The Supreme Court’s Misguided COVID Vaccine Decision
For most of President Trump’s time in office, we’ve had to worry about his aggressive use of the executive power and his penchant for pushing or exceeding the limits of his authority. Unfortunately, we now are suffering from his failure to use the authority he actually possesses to protect us from the coronavirus pandemic.
It’s not surprising that the House has impeached only 
Only time will tell whether it was prudent for President Trump to authorize the killing of Qassim Soleimani. But we don’t need to wait to recognize that the constitutional design for the executive branch has failed us. As I have observed 
While political commentary has emphasized the septuagenarian status of leading presidential candidates, it has done so in a troubling way. Rather than worry that Bernie Sanders, Elizabeth Warren, or Joe Biden may be the oldest person to become president, we should celebrate that fact. It’s a wonderful reflection of advances in health that people can continue to serve our country for longer periods of time. Moreover, focusing on candidate age reinforces society’s unhealthy biases against our elder citizens. Ageist views are 
As the House Judiciary Committee considers impeachment, there are three important questions for it to answer. Did President Trump violate his oath of office? If so, did his misconduct constitute high crimes and misdemeanors? And if so, should President Trump be impeached and removed from office?
As 
The media’s reaction to Senator Elizabeth Warren’s health care plan reflects a troubling approach to the way it thinks we should evaluate candidates for the presidency. After the Senator released her very smart proposal, the media might have asked a number of important questions about the plan’s impact on health care access. Instead, much of the commentary has been about the tax implications of the plan.
In general, one cannot be confident about the intent of the Framers, and that is true about impeachment. For example, while some observers have claimed that President Trump’s dealings with the Ukraine lie at the heart of the Framers’ reasons for impeachment, the issue is far from clear.
President Trump’s decision not to host the