Dear Reader,

The Georgetown Journal of Law & Public Policy is proud to present the second issue of Volume Twenty.

This issue contains a selection of articles from noted scholars and practitioners grappling with timely topics. Thomas J. Molony explains why Congress does not have power under the Commerce Clause to enshrine a right to abortion in federal law. In his second article for Volume 20, Seth Barrett Tillman defends textualism from recent attacks on its neutrality and objectivity, contending such criticisms apply equally to all interpretive methods. Jason Torchinsky and Dennis W. Polio take a look at several states’ independent redistricting com-missions to highlight the importance of accountability in their structure and use. Stephen P. Halbook responds to recent claims about the Second Amendment by providing a history of its enactment, ultimately demonstrating its purpose was to protect liberty rather than to preserve slavery. Geoffrey S. Corn pulls from military law to propose imposing a heightened burden for proving consent in a traffic stop setting, arguing such an approach better balances individual rights and the needs of law enforcement. Longtime GJLPP contributor Paul J. Larkin returns with his third Volume 20 article, asserting that key language in the Clean Water Act runs afoul of the void-for-vagueness doctrine and offering three solutions for the Supreme Court as it prepares to examine the law this upcoming term. Jennifer Haskin Will offers a proposal for “time transparency,” suggesting that mandatory disclosure of white-collar work hours could help reduce overly long workweeks for exempt employees. Arthur G. Sapper concludes our selection of articles by highlighting the Occupational Safety and Health Review Commission’s failure to provide statutorily-required notice of allegations of OSHA violations and outlining a solution to be enacted through a Commission rulemaking. Following the articles are four student notes, including the second piece from the new Tri-Journal Notes Exchange established by our journal, the New York University Journal of Law & Liberty, and the Texas Review of Law & Politics. GJLPP Managing Editor Tina Seideman discusses recent attempts by the Executive Branch to avoid oversight efforts by the minority party in Congress, proposing a framework for resolving this tension between the branches that both empowers the minority party and pre-serves the separation of powers. GJLPP editor Kate Hardiman Rhodes surveys the current state of election law jurisprudence and urges more widespread application of the political question doctrine in place of the Anderson-Burdick balancing test. Haley Peterson Denler looks to the use of presidential powers during early American pandemics for guidance on the proper scope of such powers today. Sophia Shams researches the original public meaning of the Take Care Clause to illuminate the con-tent and role of this oft-overlooked portion of our Constitution.

The 2021-22 school year was one of controversy and discord at Georgetown Law. Unfortunately, it ended with fresh reasons for concern over the state of free speech and acceptance of ideological diversity on campus, with school leaders rendering the free speech policy toothless while cheering new curriculum guide-lines mandating all 1L courses be taught through the polarizing and political lens of critical legal studies. These developments, however, have not altered the work of our journal, which maintains its fearless dedication to publishing legal scholar-ship exploring and critiquing conservative, libertarian, and natural law perspectives on law and policy. We hope the works within these pages provide challenging, dissenting, and valuable additions not only to the discourse on Georgetown Law’s campus but also to the conversations occurring across our nation.

On behalf of the entire staff at the Georgetown Journal of Law & Public Policy, thank you for your continued support and interest in our journal.

Luke Bunting

Editor-in-Chief, Volume 20

Georgetown Journal of Law & Public Policy