ACS Issue Briefs

See below all issue briefs since January 2017. Click here for past issue briefs.


Reforming the Office of Legal Counsel: Living Up to Its Best Practices

Although reforming OLC might be difficult, Annie Owens explains in a new ACS Issue Brief what a path forward might look like and why previous efforts to reform the Office have failed to produce lasting change.

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STATEMENT: The Office of Legal Counsel and the Rule of Law

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Backdoor Repeal: How Health Care Opponents are Rewriting History to Challenge the Affordable Care Act in Court

While walking through the legislative history and basic severability principles, author Joel Dodge concludes that there is no room for doubt: Congress opted to eliminate the mandate penalty while retaining the rest of the ACA.

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The Roberts Court, The Shadow Docket, and the Unraveling of Voting Rights Remedies

Author David Gans highlights the need to reconsider the Purcell principle, a judicial doctrine created by the Roberts Court to close the courthouse doors on voters.

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