August 23, 2024
Hannah Story Brown Ananya Kalahasti Andrea Beaty Eleanor Eagan Nika Hajikhodaverdikhan Sion Bell
Blog Post 2020 Election/TransitionAdministrative 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.
July 26, 2024
Texas Judge Hands Elon Musk A Big Win, Workers A Big Loss
On Tuesday, Judge Alan D. Albright of the Western District of Texas sided with Elon Musk’s SpaceX and ruled that the structure of the National Labor Relations Board (NLRB) is unconstitutional. Specifically, the Judge ruled against the removal protections enjoyed by administrative law judges and the board’s members. The preliminary injunction will prevent the NLRB from pursuing an unfair labor practice charge against SpaceX, but as Matt Bruenig explains, “The real question is going to be what the Supreme Court does once this case makes it to their docket.”
July 26, 2024
RELEASE: Elon Musk’s War On Workers Is Being Aided By The Courts
Billionaires and right-wing judges are attacking the NLRB because it protects workers.
June 27, 2024
Amicus Spotlight: SEC v. Jarkesy
Thirteen right-wing groups linked to court-whisperers like Leonard Leo and Charles Koch urged SCOTUS to weaken our top financial regulator.
September 29, 2023
Blog Post Administrative LawConsumer ProtectionCorporate CrackdownExecutive BranchGovernment CapacityLabor
MAGA-Engineered Government Shutdown Will Make October a Great Month to Be a Corporate Criminal
The forces that stand to benefit most from a Republican-imposed government shutdown are corporate miscreants—a fact that President Joe Biden and his Democratic surrogates should point out.
September 29, 2023
Kenny Stancil Emma Marsano Jeff Hauser
Press Release Administrative LawConsumer ProtectionCorporate CrackdownExecutive BranchGovernment CapacityLabor
RELEASE: Watchdog Group Warns MAGA-Engineered Shutdown Will Make October a Great Month to Be a Corporate Criminal
Joe Biden must be direct with voters and tell them that the worst actors in corporate America are the biggest beneficiaries of the Republican shutdown.
February 03, 2023
Revolving Door Project Reading List: The Justice Department
The Justice Department was deliberately weaponized under Trump to advance and defend his corrupt agenda. How successfully has Biden’s Justice Department, led by Attorney General Merrick Garland, replaced Trump appointees and policies, and charted a new course towards a more just interpretation and application of the law? Below, we’ve compiled a non-comprehensive reading list of some of our work from the past year plus on the Justice Department, and its all-important, uneven progress out of Trump’s long shadow.
January 20, 2023
Hannah Story Brown Ananya Kalahasti
Press Release 2020 Election/TransitionAdministrative LawDepartment of Justice
Two Years into Biden Administration, the Government Maintains Trump-Era Legal Positions in Dozens of Cases
Midway through Biden’s term, the Biden administration continues to advance Trump-era legal positions in court, according to an update released today to the Revolving Door Project’s long-running litigation tracker.
May 16, 2022
Biden DOJ Is Still Advancing Trump Positions, New Data Shows
Well over a year after President Biden’s inauguration, his administration continues to defend and advance Trump-era legal positions, according to an updated analysis released by the Revolving Door Project today. RDP’s long-running litigation tracker, documenting court cases in which the Biden administration has inherited and chosen to advance Trump-era legal positions, has been brought up-to-date to include new instances where the legal advocacy of Merrick Garland’s Justice Department on environmental, immigration, education, and other issues runs counter to the administration’s commitments.
November 23, 2020
Biden Administration Must Remove Trump Holdovers On Day One
While the vast majority of Trump’s appointees will presumptively step down on January 20 a critical, powerful minority will stay in their seats until they are asked to leave. This includes the Commissioner of the Internal Revenue Service, Inspectors General, United States Attorneys, and a suite of chairpersons at independent agencies. Upon assuming the Oval Office, Biden should ask for their resignations without delay.
November 06, 2020
No, Mitch McConnell is Not the 46th President
A false narrative, undergirded by self interest and misguided assumptions, is dominating early transition coverage. Key voices are already insisting that Joe Biden’s presidency will fail to deliver on any of its promises. According to this view, with Mitch McConnell in the Senate, Biden will not only be impelled to abandon his legislative vision, but also any hope of delivering for the American people via his power over the executive branch. They say that to wrest confirmations from McConnell’s hands, Biden will have no choice but to appoint moderates who will not rock the boat.
November 05, 2020
Biden Can Still Govern Without the Senate. Here’s How.
Having won more votes than any President in U.S. history, Joe Biden is set to enter the Oval Office with a mandate. However, it looks as though the wave that will have propelled him to the White House may not have been strong enough to break Republican control over the profoundly undemocratic Senate. For at least the next two years, Biden’s legislative agenda will face a formidable breakwater in the form of Senate Majority Leader Mitch McConnell. There is little doubt that McConnell will attempt to extend his stranglehold on action to the executive branch as well, by denying the President many, if not all, Senate confirmations.
July 27, 2018 | American Constitution Society Blog
Trump-Russia Issue Helps Highlight Exactly What’s At Stake In Kavanaugh Fight
The most important battleground of the Kavanaugh confirmation fight is not a specific issue, but whether people pay attention to the nomination itself. To some, the focus on Trump and Russia is a distraction from the Supreme Court fight. But, in reality, the focus on Trump and Russia helps highlight exactly what’s at stake in this fight.