Case Comment on Central States v. Laguna Dairy Richard Nehrboss I. Background Under ERISA, multiple employers can contribute to the same collectively bargained pension plan.  These are called, unsurprisingly, “multiemployer plans.”[1] But this arrangement has a lurking problem: Plans can incur significant liabilities as employees earn benefits that must be paid out in the future, and employers could try to withdraw from their plans to avoid being on the hook.[2] To address that, the Multiemployer Pension Plan Amendments […]

The Case for App Stores to Age Gate Harmful Online Products Joel Thayer* Today’s digital age requires parents to fend off a tech-induced health crisis, contending against the allure of products engineered by the most powerful corporations in history to be maximally addictive to kids. The concerns with respect to online harms are very well documented. Indeed, there are seemingly countless studies, congressional hearings, and lawsuits all pointing out the unique impact that tech services

Common Use Is Not A Plain-Text Question Peter A. Patterson* The Supreme Court recently denied the petition for writ of certiorari in Snope v. Brown.[1] That case squarely presented the question of whether the Second Amendment allows the government to ban the AR-15, “the most popular rifle in the country.”[2]There were three votes to grant cert in Snope. Justice Kavanaugh, who could have been the necessary fourth vote, did not vote to grant cert but

Post-Chevron Working Group Report Sen. Eric Schmitt Executive Summary The Post-Chevron Working Group*  Report is solely the work product and views of Senator Eric Schmitt. This report is broken down into three sections: 1. Proposed Legislative Response to Loper Bright; 2. Analysis of the Administrative State’s unpreparedness for and hostility toward Loper Bright; and 3. Legislative Drafter’s Guide to Deference, Delegation, and Discretion. Legislative Proposals: A series of Short Term priorities, Medium Term projects, and

The President’s Authority to Impose Tariffs Chad Squitieri* Introduction The International Emergency Economic Powers Act (“IEEPA”)[1] empowers the President to “regulate . . . importation.”  One might think that this broad grant of statutory authority includes the power to regulate importation through a traditional and familiar means: tariffs.  But in Learning Resources v. Trump,[2] the District Court ruled otherwise. The District Court concluded that, to empower the President to impose tariffs, Congress must do more than empower

Supporting Free Speech and Countering Antisemitism on American College Campuses  David E. Bernstein & David L. Bernstein* Introduction Many Jewish Americans were shocked and traumatized by the Hamas atrocities of October 7, 2023. Hamas’s attack resulted in the largest loss of Jewish life on a single day since the Holocaust, and many Jews in the United States have familial or personal ties to the victims and their families. Jews naturally expected both outrage at Hamas and

The Façade of Medical Consensus: How Medical Associations Prioritize Politics Over Science Chloe K. Jones* Introduction Private medical associations are front and center as the nation’s highest court considers the constitutionality of restrictions on “gender-affirming care” for transgender-identifying children. The question before the Supreme Court in United States v. Skrmetti is whether Tennessee’s prohibition of certain medical interventions for minors violates the Fourteenth Amendment’s Equal Protection Clause. Despite the legal nature of that question, the

A Mandate to Discriminate?: Why the Establishment Clause Does Not Justify the Exclusion of Religious Charter Schools. Erin Hawley* Introduction In a pair of consolidated cases, Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, the Supreme Court will consider whether the Establishment Clause authorizes Oklahoma to discriminate against religious groups who seek to participate in the state’s charter-school program alongside secular groups. Oklahoma invites any individual