The Federalist Society has a new blog dedicated to analysis of what the executive branch is up to. You may have noticed the new trend, by which the President and governors have mastered, and received de facto Supreme Court approval, of a technique by which they veto valid legislation by “non-enforcement” of its provisions, “declining to defend” laws they like (or no longer find politically useful) or just plain rewriting them. From the website:
An increase in Federal executive branch regulatory activity – whether through executive order, formal or informal administrative agency action – has been noted by many across the country. In launching Executive Branch Review, the Practice Groups of the Federalist Society seek to prompt a national debate about whether there has been an uptick in such regulatory activity, and, if so, with what consequence. The project will provide an objective resource that identifies major government activity, and provides a forum for debate and discussion about whether such regulation constitutes a form of legal and regulatory overreach.
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers, law students, scholars and other individuals located in every state and law school in the nation who are interested in the current state of the legal order. The Federalist Society takes no position on particular legal or public policy questions, but is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our constitution and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.
The Federalist Society takes seriously its responsibility as a non-partisan institution engaged in fostering a serious dialogue about legal issues in the public square. Positions taken on specific issues in publications, however, are those of the author(s), and not reflective of an organizational stance. We invite readers to share their responses, thoughts, and criticisms by writing to us at [email protected], and, if requested, we will consider posting or airing those perspectives as well.
There is a link for intellectual property and technology issues, which is more oriented to patent and administrative law right now than copyright and trademark. But this is something to keep an eye on — not so much the blog (that too) but the usurpation of authority by the executive.