J. Joel Alicea

Oct 30, 2024 | aei.org | Kevin R. Kosar |Mackenzie Eaglen |J. Joel Alicea |Kevin Corinth

The Senate did not pass a budget resolution this spring, nor did it enact any of the dozen annual spending bills. The Senate’s most recent Calendar of Business lists 70 pages of bills on matters large and small awaiting votes. When the chamber is in session, it often spends its time voting on nominations instead. What has become of the world’s greatest deliberative body? What can be done to revive it? Join AEI’s Kevin R.

Apr 15, 2024 | aei.org | J. Joel Alicea

VIDEOOn April 9, Harvard Law School welcomed Joel Alicea ’13, co-director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, and associate professor of law at The Catholic University of America Columbus School of Law, to deliver the Herbert W. Vaughan Memorial Lecture, “The Natural Law Moment in Constitutional Theory.” Jack Goldsmith, Learned Hand Professor of Law, gave introductory remarks.

Mar 13, 2024 | aei.org | J. Joel Alicea |Brent Orrell |Adam White |Frederick M. Hess

How should Americans think about the writ of habeas corpus? American jurists have long treated it as a bulwark of individual liberty, but new originalist scholarship argues that a more historically faithful understanding of the writ should focus instead on the concept of popular sovereignty. Recent Supreme Court cases have revealed deep confusion over the writ, demonstrating that we need an account of habeas corpus truer to its historical purpose.

Feb 5, 2024 | aei.org | Kevin Stack |J. Joel Alicea |Nat Malkus |Thomas Miller

Changes in the Supreme Court’s membership have shifted its approach to interpretation in a more textualist and originalist direction. That approach appears to be a basis for the Court’s increasing skepticism of foundational concepts of modern administrative law, such as delegation and deference. The Court is currently considering overruling Chevron deference, and it has revived something akin to the nondelegation doctrine through the major questions doctrine.

Jan 29, 2024 | aei.org | Thomas Miller |J. Joel Alicea |Nat Malkus |Timothy Carney

Almost 14 years ago, President Barack Obama signed into law the Affordable Care Act (ACA). The law survived a series of legal and political challenges during its implementation, but they came at a cost to its initial ambitions. In a forthcoming study, “The Ghosts of the Affordable Care Act,” Miami University Law Professor Gabriel Scheffler examines the enactment-entrenchment trade-offs that limit the scope and durability of major social program legislation.