The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law.
Does the Wisconsin Constitution recognize an administrative fourth branch of government? That’s just one of the stories you’ll be puzzling over in this month’s edition of Checks and Balances. We also review multiple injunctions blocking the Trump administration’s public charge rule; two federal cases that raise Appointments Clause challenges; the United States Supreme Court’s (SCOTUS) decision to rule on the constitutionality of the Consumer Financial Protection Bureau (CFPB); a coalition of automakers’ support for uniform national carbon emissions standards; a new SCOTUS case challenging the authority of the Securities and Exchange Commission (SEC) to issue penalties; and a federal judge’s move to block President Donald Trump’s proclamation on immigration and health care.
At the state level, we review a challenge to the New Jersey attorney general’s directive limiting cooperation between law enforcement and Immigration and Customs Enforcement (ICE); a Florida lawsuit challenging the constitutionality of automatic license plate readers; an unconstitutional vaping ban in Massachusetts that remains in effect; Wisconsin’s potential administrative fourth branch of government; and a proposal to limit the Michigan governor’s power to transfer funds between agencies.
As always, we wrap up with our Regulatory Tally, which features information about the 205 proposed rules and 274 final rules added to the Federal Register in October and OIRA’s regulatory review activity.