Federalism & Separation of Powers Practice Group

Non Potest Delegari: How the Common-Law Principle of Agency Recasts the Nondelegation Doctrine

Caleb Kreft

Federalist Society Review, Volume 26

The nondelegation doctrine forbids Congress from delegating lawmaking authority to other government institutions. The Supreme...

Transporting Abortifacients Across State Lines: Prospects for Indictment and Extradition

Paul Linton

Federalist Society Review, Volume 26

On January 31, 2025, a Louisiana grand jury indicted a New York physician—Dr. Margaret Carpenter—for...

Supreme Court’s Unanimous Ruling in Seven County Infrastructure Coalition v. Eagle County Might Be a Game Changer for Infrastructure

Mario Loyola

The Supreme Court just gave America’s infrastructure builders their biggest procedural victory in a generation,...

Inside the Oral Argument of Trump v. CASA: Will the Court Rein in Universal Injunctions?

Daniel Szuba

On May 15, 2025, the U.S. Supreme Court heard oral arguments in Trump v. CASA, Inc.,...

The Road to Campus Serfdom

John O. McGinnis

This post originally appeared at Law & Liberty. It seems remarkable that seemingly antisemitic protests...