“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.”
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
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
"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
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.
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!
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!
“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”
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.🇺🇸
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…
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.
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!
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
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.