HLPR Blog: Notice and Comment

NOTICE AND COMMENT

What to do With an Alt-Right White House: The Present Need for, and Future Challenges to, Suing the Federal Government for Discrimination

By Alexander Reinert* Many remarkable events have taken place during the first month of President Donald Trump’s Administration. Among these, the Administration’s restrictions on immigration, and the role litigants and judges have played in at least temporarily halting those restrictions, have received much deserved attention. But perhaps overlooked is that the challenges have been successful…

The Moral Foundations of the Insurance Mandate

By Tina Rulli* Republicans’ new plan to replace the Affordable Care Act ditches the health insurance mandate, the requirement for individuals to purchase health insurance or pay a penalty. Instead, their American Health Care Act favors tax credits to incentivize people to purchase insurance. There are many vantage points from which to assess the health…

The Travel Ban is Just for Show—The Real Threat is from Individual Officials Who Can Act on its Discriminatory Message

By Angela D. Morrison* The administration’s revised travel ban represents only the most visible part of the administration’s discriminatory immigration policy. The U.S. immigration system has a sexist and racist history. The travel ban, along with many of the administration’s other immigration policies, builds on that legacy. Because the administration has been so apparent in…

Leaks, Leakers, and a Free Press

By Heidi Kitrosser* President Trump supports accountability regarding his campaign’s alleged contacts with Russia. He is similarly responsive to stories about his administration’s early missteps, including embarrassing phone calls with world leaders and the crafting of the controversial travel ban. The accountability that he has in mind, however, is not for himself or his surrogates. Rather,…

The ACA is working – and there is no replacement

By Jonathan Gruber, MIT* One of the most contentious public policy issues of the early days of the Trump Administration is the future of the Affordable Care Act (ACA). President Trump and congressional Republicans decry the law as a failure and say that it must be repealed and replaced with something better. This line of…

Alternative Facts in the War on Immigrants

By Philip L. Torrey* For the past couple of weeks, many of us have rightly focused on the chaos that Trump’s hasty and ill-conceived executive orders on immigration have created. But buried in the fine print of the “Interior Enforcement” executive order is a provision that signals an equally alarming threat; one that has gone…

President Trump Overstepped his Authority on Sanctuary Cities

  By Eddie Nasser* In Executive Order No. 13768 issued January 25th, President Trump attempted to follow through on a major campaign promise to cut all federal funding from so-called “sanctuary cities.” Not only is the order bad policy, it also seems unlikely to withstand a challenge in court. Section 9(a) of the order mandates…

How elites profit from the myth of American bankruptcy

By Harry Stein* After years of hysterical warnings about a “looming fiscal crisis” from deficits under President Barack Obama, Republican leaders in Congress are suddenly willing to increase deficits for President Donald Trump. This deficit flip-flop is certainly hypocritical, but it also obscures the true nature of the threat posed by Trump. Trump is taking office at a time…

Executive Order 9066: #NeverForget

By Jessica Huey* It was the worst day of his life. That was all he would ever say about it. Looking at black and white photos of my great-grandfather, the stoicism etched in his expression is impossible to ignore. But to understand his story—that of a quiet, Japanese merchant who came to America with his…

The Silencing of Senator Warren

By Charles Tiefer* The press coverage of Senator Elizabeth Warren’s silencing under Senate Rule XIX was colorful, but sadly shallow. Much more daunting than a one-cycle news bite or a catchy hashtag, the incident in fact revealed that today’s narrow Republican Senate majority is poised to use procedure to subjugate the minority Democrats to an…

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