Articles Posted in David Badertscher

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The Social Security Administration (SSA) and legal scholars have offered sharply differing perspectives on the recently enacted One Big Beautiful Bill. In an official communication, the SSA hails the legislation as a historic victory for seniors, emphasizing tax relief for nearly 90% of Social Security recipients. By contrast, in a commentary published by VERDICT: Legal Analysis and Commentary from Justia, Amherst professor Austin Sarat criticizes the SSA’s messaging as a politicized distortion, arguing that it prioritizes presidential branding over transparency and fails to address the deeper structural challenges facing Social Security. These conflicting narratives raise important questions about policy substance, public trust, and the politicization of federal agencies.

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From the Social Security Administration:

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On July 4, 2025, President Donald J. Trump signed into law H.R. 1, the “One Big Beautiful Bill Act,” enacted as Pub. L. No. 119–21, 139 Stat. ___ (2025). Passed through the budget reconciliation process under the Congressional Budget Act of 1974, this comprehensive legislation represents a central pillar of the Trump administration’s second-term domestic agenda. It enacts sweeping reforms to the federal tax code, restructures discretionary and entitlement spending. The One Big Beautiful Bill Act does not suspend the debt ceiling through FY 2027. Instead, it raises the debt limit by a specific $5 trillion—an amount projected to sustain federal borrowing for roughly one to two years [i.e., until 2026–27, depending on fiscal trends].

Legislative History and Process

H.R. 1 advanced through Congress under budget reconciliation procedures, thereby circumventing the Senate filibuster and requiring only a simple majority for passage. This expedited pathway allowed the bill’s tax and spending provisions to be consolidated into a single legislative package and enacted swiftly along party lines.

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Congressional Budget Office (CBO) Cost Estimate July 9, 2025.

In the context of the US Congress, SOPRA refers to the Separation of Powers Restoration Act. It’s a legislative proposal aimed at amending the Administrative Procedure Act to change how courts review agency actions. Specifically, SOPRA seeks to eliminate the practice of “Chevron deference,” where courts defer to an agency’s interpretation of a law if it’s deemed reasonable, and instead require courts to review legal questions de novo, meaning without deference to the agency’s interpretation. 

COST ESTIMATE LETTER JULY 9 2025

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“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.”
In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results that conflict with one’s own political or ideological preferences. While recognizing the inherent challenges in suppressing partisan impulses, Amar and Brownstein emphasize that fidelity to this rule is essential for maintaining the legitimacy and integrity of constitutional adjudication
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The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

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In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.

Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.

This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.

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Introduction

Artificial intelligence (AI) is rapidly reshaping the legal profession, influencing how attorneys conduct research, draft briefs, analyze litigation risk, and advise clients. As AI tools like generative language models, legal search platforms, and predictive analytics systems become more prevalent, AI literacy has become essential for legal professionals. Law librarians, long recognized for their expertise in research instruction, information curation, and professional ethics, are well positioned to take the lead in promoting AI literacy across the legal ecosystem.

This paper examines the role law librarians should play in fostering AI understanding, outlines strategies for advancing AI literacy, and identifies the challenges and opportunities involved.

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Congressional Budget Office (CBO) Report, June 5, 2025.

CBO estimates that debt-service costs under H.R. 1, the One Big Beautiful Bill Act, would total $551 billion over the 2025–2034 period—increasing the bill’s cumulative effect on the deficit to $3.0 trillion.

Summary:

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In an era where artificial intelligence is reshaping the legal landscape, understanding its practical applications becomes essential for modern practitioners. Carolyn Elefant, a seasoned attorney and founder of MyShingle.com, offers a compelling firsthand account of this evolution. In her timely article, “My Experience Comparing Lexis and ChatGPT Deep Research,” published on May 20, 2025, Elefant delves into a real world comparison between traditional legal research tools and emerging AI driven solutions. Her insights shed light on the efficiencies and challenges presented by these technologies, providing valuable perspectives for legal professionals navigating this transformative period.

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My Experience Comparing Lexis and ChatGPT Deep Research

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Inspired by Axios’s “Behind the Curtain: A White-Collar Bloodbath” (May 28, 2025)

Dario Amodei, cofounder and CEO of Anthropic, is issuing an urgent warning: advanced artificial intelligence may soon pose a serious threat to millions of white-collar jobs. While today’s AI systems, like Anthropic’s own Claude and OpenAI’s ChatGPT, are currently seen as productivity boosters, Amodei cautions that this could quickly change as models become dramatically more powerful.

In internal presentations recently shared with government officials, Amodei projected that future AI models, potentially arriving in the early 2030s, could be capable of performing 80 to 90% of tasks typically handled by college educated professionals. These include jobs in legal research, finance, marketing, and customer service. For example, AI tools are already being deployed to automate paralegal tasks and financial analysis; and some early adopter companies are replacing portions of their human customer support teams with large language model (LLM) chatbots.

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