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  • Legal Memorandum posted February 25, 2014 by Andrew M. Grossman Regulation Through Sham Litigation: The Sue and Settle Phenomenon

    Typically, the federal government defends itself vigorously against lawsuits challenging its actions. But not always: Sometimes, regulators are only too happy to face collusive lawsuits by friendly “foes” that are aimed at compelling government action that would otherwise be difficult or impossible to achieve. Rather than defend these cases, regulators settle them in a…

  • Legal Memorandum posted January 23, 2014 by Andrew M. Grossman Harris v. Quinn: An End to the Forced Unionization of Home-Care Workers?

    On January 21, 2014, the Supreme Court of the United States heard oral argument in Harris v. Quinn, a challenge to states' authority to require that home-based workers submit to an exclusive representative for collective bargaining—i.e., a labor union. Organizing home-based workers has been among the labor movement's greatest prospects for adding to its diminishing ranks,…

  • Commentary posted August 15, 2012 by Andrew M. Grossman 'Gut' Check: Obama Waiver Eviscerates Welfare Reform

    Time to fact-check the fact-checkers. Citing Heritage Foundation research, Mitt Romney's campaign ran an ad accusing President Obama of attempting to "gut" welfare reform by waiving work requirements for recipients. The Obama campaign pushed back, claiming that waiving work requirements would "strengthen" reform by helping more recipients "prepare for work." Typical…

  • Commentary posted August 9, 2012 by Robert Rector, Andrew M. Grossman HHS Can’t Waive Workfare

    The welfare reform of 1996 stands as perhaps the most important entitlement reform in the nation’s history. Its successes stem from a core requirement that able-bodied parents must work, search for work, or train for work to be eligible for public assistance. But now, under the guise of providing states greater “flexibility” in operating their welfare programs, the…

  • Legal Memorandum posted August 8, 2012 by Andrew M. Grossman Welfare Reform's Work Requirements Cannot be Waived

    Abstract: Under the guise of providing states greater “flexibility” in operating their welfare programs, the Obama Administration now claims the authority to weaken or waive the work requirements that are at the heart of welfare reform. But Congress intended that those requirements be absolutely mandatory in all instances and specifically withheld any authority to weaken…

  • Issue Brief posted July 16, 2012 by Andrew M. Grossman San Bernardino Mortgage Seizure Plan Raises Serious Constitutional Concerns

    San Bernardino County’s reported attempt to use eminent domain to expropriate mortgages could be struck down by the courts as inconsistent with the requirements of the Fifth Amendment’s Takings Clause. Although weakened by decades of court decisions ignoring its original meaning, the clause remains a vital protection of private property rights, particularly where the…

  • Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…

  • Testimony posted February 10, 2012 by Andrew M. Grossman Use and Abuse of Consent Decrees in Federal Rulemaking

    Testimony before the Subcommittee on the Courts, Commercial and Administrative Law, Committee on the Judiciary, United States House of Representatives February 3, 2012 Andrew M. Grossman Visiting Legal Fellow The Heritage Foundation As a policy device,…

  • Testimony posted December 14, 2011 by Andrew M. Grossman Judicial Reliance on Foreign Law

    Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing…

  • Backgrounder posted November 16, 2011 by James Sherk, Andrew M. Grossman Unintended Consequences: Allowing the Unemployed to Sue Would Destroy Jobs

    Abstract: With a high unemployment rate and a struggling economy, passing legislation that discourages job creation would seem counterintuitive. And yet, by pushing for the Fair Empolyment Opportunity Act (FEOA) this is precisely what President Obama and some Members of Congress propose. The FEOA would define the currently unemployed as a “protected class," and allow them…

  • WebMemo posted August 1, 2011 by Andrew M. Grossman High on Ozone: The EPA’s Latest Assault on Jobs and the Economy

    The U.S. economy won a temporary reprieve with the Environmental Protection Agency’s (EPA) announcement last week that new ozone standards, which had been slated for this summer, will be delayed. The EPA’s “reconsideration” of the ozone standards it set in 2008 and issuance of more stringent standards violate all three of the fundamental values EPA Administrator Lisa…

  • Legal Memorandum posted July 11, 2011 by Andrew M. Grossman The Fourteenth Amendment Is No Blank Check for Debt Increases

    Abstract: A clause of the Fourteenth Amendment to the United States Constitution provides, “The validity of the public debt of the United States…shall not be questioned.” Far from authorizing the President to incur more debt—a power vested solely in Congress—this clause bars Congress from repudiating debt that it has already incurred. Whether a default would amount to…

  • Legal Memorandum posted May 24, 2011 by Andrew M. Grossman Don’t Be Misled on Reauthorization of Anti-Terrorism Tools

    Abstract: The three anti-terrorism tools scheduled to sunset on May 27, 2011—the authority to conduct “roving” wiretaps of terrorist suspects, to obtain “business records” relating to terrorism investigations, and to conduct surveillance of “lone wolf” terrorist suspects—clearly pass constitutional muster. Each follows the approach, laid out by the courts…

  • Legal Memorandum posted October 6, 2009 by Hans A. von Spakovsky, Andrew M. Grossman Another Sarbanes-Oxley: Threatening Small Businesses with the"Beneficial" Ownership Bill

    Revised and updated October 15, 2009 Abstract: At a time when the American economy can least afford it, entrepreneurs and small-business owners are under siege. The Incorporation Transparency and Law Enforcement Assistance Act (ITLEAA)--currently under consideration in Congress--would subject small businesses to a series of complicated and burdensome reporting…

  • Special Report posted August 17, 2009 by Charles "Cully" Stimson, Andrew M. Grossman Adult Time for Adult Crimes: Life Without Parole for Juvenile Killers and Violent Teens

    Table of Contents: Executive Summary Introduction Chapter 1: Sentencing Under Siege Chapter 2: Manufacturing Statistics: 19-Year-Old "Juveniles" Chapter 3: The U.S. Has a Juvenile Crime Problem Chapter 4: Life Without Parole for Juvenile Offenders In Constitutional Chapter 5: The U.S. Has No International Obligation to Ban…