Supreme Court Considers Meaning of “An Offense Relating to Obstruction of Justice” for Immigration Enforcement Purposes
On June 22, 2023, in Pugin v. Garland (decided together with Garland v. Cordero-Garcia), the Supreme Court considered the meaning of the phrase “an offense relating to obstruction of justice” for immi...
The Eighteenth Amendment and National Prohibition, Part 3: Temperance Movements
This Legal Sidebar post is the third in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 1: Introduction
This Legal Sidebar post is the first in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 5: Proposal and Ratification
This Legal Sidebar post is the fifth in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 6: Supreme Court Cases
This Legal Sidebar post is the sixth in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 7: Repeal
This Legal Sidebar post is the last in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale, ...
Federal Grant Technical Assistance: Definition, Use, and Considerations for Congress
Congress often takes an interest in how quickly federal money is expended by grantees, how effectively funding is targeted to the needs identified in the legislation, and how the risk of waste, fraud,...
Supreme Court Narrows Federal Jurisdiction Under Clean Water Act
On May 25, 2023, the Supreme Court decided Sackett v. EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). While the Court unanimously agree...
The Unfunded Mandates Reform Act: A Primer
Congress enacted the Unfunded Mandates Reform Act of 1995 (UMRA, P.L. 104-4) to “strengthen the partnership between Federal, State, local, and tribal governments by ensuring that the impact of legisla...
Interstate Compacts: An Overview
The Compact Clause (Article 1, Section 10, Clause 3) provides that “No State shall, without the Consent of Congress, ... enter into Any Agreement or Compact with another State, or with a foreign Power...
Managing Electronic Messages from High-Level Officials Through Capstone
In the course of their official duties, federal employees regularly create federal records and, therefore, have records management responsibilities. The Federal Records Act (FRA; 44 U.S.C. Chapters 21...
The President’s Authority to Use the National Guard or the Armed Forces to Secure the Border
On May 2, 2023, the Biden Administration announced that Secretary of Defense Lloyd Austin approved a request from Secretary of Homeland Security Alejandro Mayorkas to send an additional 1,500 active-d...
Broadband Equity, Access, and Deployment (BEAD) Program: Issues and Congressional Considerations
Congress appropriated $42.45 billion to the National Telecommunications and Information Administration (NTIA) to administer the Broadband Equity, Access, and Deployment (BEAD) Program established unde...
Supreme Court Addresses Scope of False Claims Act’s Knowledge Requirement
On June 1, 2023, the U.S. Supreme Court decided United States ex rel. Schutte v. SuperValu Inc., a case involving the scienter, or mental state, requirement of the False Claims Act (FCA). The FCA proh...
Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies
In the United States, the principles of disaster management presume a leadership role by the state, local, territorial, and tribal (SLTT) governments affected by the incident. The U.S. federal governm...
Central Asia: Implications of Russia’s War in Ukraine
The five countries of Central Asia—Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan, and Uzbekistan—share historical, economic, and military ties with Russia, but since they became independen...