Law, culture, Ohio; personal account, posts do not necessarily reflect the views of my employer.

Columbus, OH
“the establishment clause does not require religious restrictions on charitable programs. The government may engage religious institutions to deliver civil services as it has done historically; that does not impermissibly establish a religion and it does not coerce anyone.”
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Whenever younger writers ask for writing tips, I point them back to the two basic questions to ask before you start writing—and answering them separately is really the trick.
“When I find myself most plagued by writer's block... It’s usually because I’m trying to do too many things at the same time.” Assistant Attorney General @ElliotGaiser shares advice for overcoming writer’s block and how to be a better writer
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Assistant Attorney General @ElliotGaiser joins us on this week’s episode of The Arena. We discuss the role of the Office of Legal Counsel, a lawyer’s responsibility to their client, and the bombshell reporting that thousands of non-citizens are registered to vote in New Jersey. Tune in! 00:00 - Intro 00:26 - AAG Elliot Gaiser Joins the Show 01:15 - What Is the Office of Legal Counsel? 01:49 - Why Courts Don’t Give Legal Advice 02:49 - OLC Opinions 04:03 - Advocate vs. Counselor: A Lawyer’s Two Roles 05:58 - OLC: The Boutique Firm for Thorny Questions 07:08 - Standing on the Shoulders of Giants 07:40 - How Big Is OLC? A Typical Day 08:38 - OLC vs. the Solicitor General 10:03 - Reviewing Executive Orders: Form and Legality 11:18 - How OLC Opinions Set Precedent 13:00 - How an OLC Opinion Gets Written 14:13 - The 1996 Welfare Reform Opinion 16:58 - Overturning Chevron After Loper Bright 18:37 - When Agencies Ignore the Plain Text 22:56 - The Obama Phone Program (FCC Lifeline) 25:28 - Lawyers Who Think They’re the Decision-Maker 30:00 - DOJ’s Ultimate Client Is the American People 31:00 - Advice for Aspiring OLC Lawyers 34:24 - Finding the Path to ‘Yes’ 38:30 - Disparate Impact, Title VII, and the EEOC 42:37 - In a Different Life 43:55 - Why Gaiser Skips the Bad Legal Take 45:10 - Bad Legal Takes! 45:38 - New Jersey’s Voter Roll Claim 60:37 - Outro
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"As we celebrate 250 years of American independence, there is no better time to reject the pernicious claim that we must sacrifice merit on the altar of equality," @TheJusticeDept's @ElliotGaiser and @joshjcraddock write. wapo.st/4yvdrfY
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The racial spoils system just suffered a massive defeat. Disparate-impact liability turned NEUTRAL standards into legal liability and mandated pseudo-racial balancing. That judicially created regime is dead. Great work @DAGToddBlanche and all of DOJ.
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ElliotGaiser retweeted
Excellent op-ed about an important OLC opinion.
The Trump administration’s fight against unlawful disparate-impact liability under Title VII is good for business and the Constitution. It was great to be published with @joshjcraddock in @wapo this morning!
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The Trump administration’s fight against unlawful disparate-impact liability under Title VII is good for business and the Constitution. It was great to be published with @joshjcraddock in @wapo this morning!
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“As we celebrate 250 years of American independence, there is no better time to reject the pernicious claim that we must sacrifice merit on the altar of equality. An employer who selects the best candidate on neutral terms honors the color-blind Constitution”
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ElliotGaiser retweeted
Ohio = Peak America 🇺🇸
Driving through Ohio. Towns like this are why we’re trying to avoid the interstates and take the slower roads instead. These are the kinds of places we want to see. This feels like peak America.🇺🇸
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It was a tremendous honor to work with @DaveYostOH as his Solicitor General. I’m excited for his next chapter defending the American experiment in self-government!
I begin a new chapter June 8 as VP of Strategic Research and Innovation at the Alliance Defending Freedom, a nonprofit law firm that’s won 18 cases at SCOTUS in the last 15 years. I’ve been honored to serve Ohio, and will continue to fight for freedom! adfmedia.org/press-release/o…
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ElliotGaiser retweeted
Last week, our chapter was honored to present the Lee Liberman Otis award to Adam K. Mortara (‘01). This award recognizes dedication to public service and a commitment to the ideals of the Federalist Society. Thank you to Lee Liberman Otis (‘83) and to Otis Award Chair David Park for their opening remarks.
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ElliotGaiser retweeted
It has been the singular honor of my lifetime to serve at the helm of the great @CivilRights @TheJusticeDept! We are turning this ship in the right direction of protecting the rights of ALL Americans!
Celebrating one year under new management @CivilRights—Making Justice Great Again!
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He truly is the GOAT.
Justice Alito is a patriot and the greatest jurist to sit on the Supreme Court in my lifetime.
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Congratulations to my friend @BenFlowersOH, who represented the State of Ohio so well. The President made a great choice!
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The wounded surgeon plies the steel That questions the distempered part; Beneath the bleeding hands we fell The sharp compassion of the healer’s art Resolving the enigma of the fever chart.—TS Eliot
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ElliotGaiser retweeted
Unrelated to any news, I think it is worth noting that like Missouri, Ohio has an embarrassment of excellent lawyers. It makes sense--after all, Ohio is one of the two best states with four letters and three vowels.
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This is great news!
Confirmed, 52-46: Confirmation of Executive Calendar #608 Daniel E. Burrows to be an Assistant Attorney General.
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