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November 18, 2021 | The American Prospect

Hannah Story Brown

Op-Ed

Department of JusticeEthics in GovernmentExecutive BranchIndependent AgenciesRevolving Door

How Biden Can Protect Students From Predatory For-Profit Colleges

The Biden administration inherited a morass of understaffed and undermined federal agencies, weakened by the Trump administration. It makes sense that building back the government’s capacity would be an uphill battle for the Biden administration, with so many years of policymaking undermined by his predecessor. What doesn’t make sense is the jarring number of cases in which the administration is going out of its way, at considerable cost, to uphold Trump-era policies that go against Biden’s stated agenda and the public interest.

November 17, 2021

Eleanor Eagan

Newsletter

ClimateDepartment of JusticeExecutive BranchFederal ReserveIndependent AgenciesTreasury Department

After Infrastructure Week

Congressional selfies and self-congratulations inaugurated the week, but a lot of hard work remains to translate the Infrastructure Investment and Jobs Act’s (IIJA) policies into real-life results. Given that those policies are (generously) middling and that the most promising ones are underfunded, turning these into winning programs will demand energy, creativity, competence, and a strong commitment to the public interest.

October 29, 2021

Andrea Beaty Eleanor Eagan Nika Hajikhodaverdikhan Sion Bell

Blog Post

Administrative LawDepartment of Justice

The Trump Administration Made a Mockery of the Law. Why Hasn't Biden Tossed its Cases?

Donald Trump and his Department of Justice consistently made a mockery of the law throughout his four years in power. And while their laughable reasoning and indefensible positions were struck down at a historic rate, many cases were still waiting for Biden. The new administration tossed out a handful immediately but an alarming number remain, either in some form of pause or advancing forward with the Biden administration adopting Trump’s position.

October 20, 2021 | The American Prospect

Andrea Beaty Eleanor Eagan

Op-Ed

Anti-MonopolyDepartment of JusticeEthics in Government

Who’s Really Running Justice?

It was never a secret that Attorney General Merrick Garland was among the key Biden administration figures opposing Jonathan Kanter’s nomination as assistant attorney general for antitrust. Ultimately, however, Garland did not get his way; the appointment went to Kanter rather than to one of the many Big Tech–allied BigLaw partners whom Garland favored. In view of Kanter’s career as a plaintiff’s lawyer, his nomination was rightly celebrated as a decisive victory by antitrust reformers and BigLaw opponents alike. But it was just one battle in a broader war for renewed anti-monopoly enforcement and a DOJ eager to build back better in every policy area.

October 08, 2021

Dorothy Slater Zena Wolf

Op-Ed

ClimateDepartment of JusticeExecutive Branch

How Biden Can Take On the Climate Crisis by Himself

President Biden has failed to live up to his promise to progressives to be a climate president. U.S. emissions continue to rise. Last week, 23 unique plant and animal species were declared extinct. A catastrophic pipeline oil spill in California is actively killing fish, birds, and wetland ecosystems. And in violation of treaty rights that are constitutionally the supreme law of the land, Biden allowed Enbridge’s Line 3 tar sands pipeline to become operational on October 1, which will add emissions equivalent to 50 new coal-fired power plants and will inevitably spill. Biden is standing in support while water protectors are violently arrested and the Anishinaabe peoples living in the path of the project are terrorized and abused.

September 30, 2021

Letter

Anti-MonopolyDepartment of JusticeEthics in Government

Coalition Calls on DOJ to Give Kanter "Sufficient Independence and Discretion"

We write to you as a broad coalition of organizations committed to holding corporations that engage in anti-competitive behavior accountable. For far too long, Washington has sat by as technology industry giants have accumulated monopoly power at the expense of consumers and competitors alike. The nomination of Jonathan Kanter to serve as Assistant Attorney General for the Department of Justice Antitrust Division is a strong step toward turning President Joe Biden’s vision of an open economy into reality.

September 01, 2021 | The New Republic

Eleanor Eagan Jeff Hauser

Op-Ed

Anti-MonopolyDepartment of JusticeEthics in Government

Big Tech’s Attacks on Biden’s Anti-Monopoly Regulators Are a Joke

In a move cheered by progressives and antitrust reformers, President Biden has nominated Jonathan Kanter to serve as assistant attorney general for antitrust. Kanter’s nomination, alongside that of Lina Khan to lead the Federal Trade Commission earlier this year, is the latest sign that this administration is, for the first time in generations, fiercely committed to enforcing antitrust laws. However, this generation’s most notorious monopolies—Amazon, Facebook, and Google—are making it vividly clear that they will try anything to retain their power. That apparently includes lobbing poorly reasoned, transparently bad faith calls for their newly anointed foes to recuse themselves from relevant cases.

August 30, 2021

Eleanor Eagan

Op-Ed

Department of Justice

Merrick Garland Is Failing His Biggest Test

In the past week, the Supreme Court decided to embrace its most evil tendencies, first by stating that Biden could not end Trump’s horrendous “Remain in Mexico” policy, then by clearing the way for millions to be evicted. It issued both these consequential rulings on the “shadow docket,” without even granting a fair hearing. The cruelty is breathtaking but hardly surprising. Ultimately, it underscores what we’ve always known: Biden’s agenda will face an uphill battle in the courts.

August 24, 2021

Zena Wolf

Blog Post

BigLawDepartment of Justice

Acting Solicitor General Elizabeth Prelogar's Record Inspires No Confidence As She's Nominated To Permanent Role

Earlier this month, Biden nominated Elizabeth Prelogar for the position of Solicitor General. Prelogar, who has served as Acting Solicitor General since January, was an expected choice – her nomination was met with little more than a shrug of acquiescence and lingering questions about why the position had gone unfilled for so long. Despite Prelogar’s long history of working within the Department of Justice, her recent stint at the corporate BigLaw firm Cooley LLP and many of the decisions she made as Acting Solicitor General raise troubling questions about conflicts of interest and her commitment to fighting hard for the public interest.  

August 19, 2021

Zena Wolf

Blog Post

BigLawDepartment of Justice

Trump DOJ Official’s Plot To Undermine 2020 Election Sheds New Light On The “Neutrality” Of Corporate BigLaw Attorneys

Here at the Revolving Door Project, we’ve been very loud about the damaging impact of BigLaw on the executive branch and the myth of corporate BigLaw attorneys as neutral arbiters of laws involving their own clients and bottom lines. Recent revelations about former Assistant Attorney General Jeffrey Bossert Clark and his role in the attempts to undermine the 2020 election have further underscored the absurdity of these arguments, calling into question the continued influence of corporate BigLaw in the Biden Administration.

August 18, 2021

Eleanor Eagan

Newsletter

ClimateDepartment of JusticeGovernment CapacityIndependent AgenciesUSPS

Who’s Afraid of Brett Kavanaugh’s Scorn?

The U.S. Court of Appeals is set to rule on the Biden Administration’s eviction moratorium sometime this week. No matter how it decides, however, it is already clear that those who argued against a new moratorium were wrong. A Trump judge has acknowledged that she must, begrudgingly, sustain it for now. By fighting, rather than preemptively surrendering, the administration has ensured that millions of Americans can stay in their homes for weeks longer. That is undoubtedly worth any embarrassment that government lawyers may feel from potentially eventually losing a case.