filibuster
The filibuster and climate change legislation
Should we eliminate the Senate filibuster to advance climate change legislation
As the Democratic Presidential primary season has unfolded, a number of the candidates have argued for eliminating the filibuster in the Senate completely. (It is currently gone for confirmation of nominations of judges and executive branch officials, but remains for substantive legislation.) So has former Democratic Senate Majority Leader Harry Reid. One of the key …
Continue reading “The filibuster and climate change legislation”
CONTINUE READINGHow the filibuster shapes environmental law
Political structures affect how environmental law works
In case you haven’t noticed recently, there’s been some national attention paid to how the US Senate operates. In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …
Continue reading “How the filibuster shapes environmental law”
CONTINUE READINGThe Filibuster and the Environment
In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?
The filibuster arguably served a useful function when it allowed the minority to block action in extraordinary cases where its views were especially intense. It became no longer tolerable when it became a routine barrier to Senate action. Last week, the Senate abolished filibusters for nominations (except the Supreme Court). What does this mean for environmental …
Continue reading “The Filibuster and the Environment”
CONTINUE READINGObama’s Tactics on Greenhouse Gas Regulations Come Into View
Last week, Ann wondered why the Obama Administration has withdrawn proposed rules on greenhouse gas emissions from stationary sources, worrying that time might run out of the possibility of getting them written in time for the end of Obama’s second term. The two reasons proffered — 1) susceptibility to legal attack; and 2) waiting until the …
Continue reading “Obama’s Tactics on Greenhouse Gas Regulations Come Into View”
CONTINUE READINGAre Filibusters of Executive Branch Nominees Constitutional?
President Obama’s announcement today making three nominations to the National Labor Relations Board should remind us that the GOP is the party of permanent constitutional crisis. It has been quite clear from the beginning of the Obama Administration that the Republicans simply have no interest in allowing the NLRB to function. That shouldn’t be much …
Continue reading “Are Filibusters of Executive Branch Nominees Constitutional?”
CONTINUE READINGDoes the President Even Need the Senate to Confirm Appointees?
Damn. I suppose that it’s an occupational hazard of law professors that they kick around an idea, only to find that someone has beaten them to the punch. Well, Harvard’s Matthew Stephenson has done that to me, sort of, with an essay in the most recent volume of the Yale Law Journal entitled, Can the President Appoint Principal Executive …
Continue reading “Does the President Even Need the Senate to Confirm Appointees?”
CONTINUE READINGJudging the Environment
It’s a tough job, but somebody’s got to do it. Covering the Senate Republicans’ continuing obstruction of judicial nominees is about as exciting as watching paint dry, but the good folks at Defenders of Wildlife, one of the nation’s most venerable environmental organizations, have decided to invest in doing it, with their vital blog, Judging …
Continue reading “Judging the Environment”
CONTINUE READINGCan Anyone Stop the Filibuster?
The DC Circuit’s outrageous opinion on Friday essentially banning recess appointments has brought further chaos to the Age of Dysfunction. Now, President Obama will confront potentially dozens of new filibusters without recourse; it didn’t help that less than 24 hours beforehand, the Senate scotched the efforts at meaningful filibuster reform. So what to do now? …
Continue reading “Can Anyone Stop the Filibuster?”
CONTINUE READINGThe filibuster and environmental law
The filibuster in the U.S. Senate has been (rightfully) in the news quite a bit over the past few years. The use of the filibuster has dramatically increased in those years, to the point where there is currently a de facto 60-vote supermajority requirement to pass legislation in the Congress. That has led to a …
Continue reading “The filibuster and environmental law”
CONTINUE READINGRand Paul, Constitutional Pervert
..and he’s not the only one. You can be forgiven for not knowing the name of Arunava Majumdar: he is a distinguished energy engineer who currently runs the Department of Energy’s Advanced Research Projects Agency – Energy (ARPA – E), and who until a few days ago was President Obama’s nominee (since last November) to become DOE’s new Undersecretary. …
Continue reading “Rand Paul, Constitutional Pervert”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
