ACS Issue Briefs

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


Democracy and Delegation in a Public Health Emergency: Statutory Interpretation and Separation of Powers

In an effort to combat COVID-19, state and local governments have used executive powers to order citizens to stay at home, to close schools and businesses, to require the wearing of masks, and to limit the size of gatherings. These orders have been challenged throughout the country on the grounds that they infringe upon constitutionally […]

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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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