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Kentucky Law Journal Volume 113

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The Impoundment power is the executive authority to refuse to spend sums of money appropriated by Congress. While historically presidents have exercised the power to varying degrees, its significance is more relevant than ever as efforts to reduce federal spending through the Department of Government Efficiency have engendered controversy and legal battles during President Trump’s first few weeks in office. KLJ Vol. 113 Staff Editor Eli Raymond dives into the constitutionality of the impoundment power and proposes that the authority may contradict our fundamental notions of separation of powers.
In 2023, the Commonwealth of Kentucky declined the opportunity to potentially change the lives of individuals struggling with opioid addiction by refusing to research a promising drug for opioid addiction recovery. The Commonwealth of Kentucky, being one of the states with the most overdose casualties, has suffered significantly from the opioid epidemic that has swept through the nation. KLJ Staff Editor Lucas Hall advocates for a review of the drug Ibogaine as it could be a revolutionary tool in the crisis of opioid recovery.
In the aftermath of the events of January 6, 2021, Senate Majority Leader Mitch McConnell publicly stressed that Trump was “practically and morally responsible for provoking the events of the day,” yet was not convinced that the Senate could impeach a president once they had left office. McConnell was not alone as over half of the thirty-eight of the forty-three Republican senators who ultimately voted to acquit Trump believed that the Senate lacked jurisdiction to try a former president. KLJ Vol. 113 Staff Editor Will Haydon explores Senator McConnell’s assessment as to whether the constitution allows impeaching a former president after they have left office.
SNAP benefits—more commonly known as food stamps—help impoverished families afford nutritious food essential to health and well–being. Kentucky and other states, however, are interested in limiting the purchase of innutritious grocery items and have advocated for curbing the scope of permissible foods allowed under SNAP. KLJ Staff Editor Matthew Chaney describes how while it is honorable that policymakers are focused on improving the health of our citizenry, the means in which they intend to achieve their ends is flawed. Instead Channey advocates for nontraditional systems that could avoid the potential pitfalls of the reforms proposed while achieving the purported goals of achieving food security.
While homelessness in the United States continues to rise, last summer, the Court upheld the constitutionality of an ordinance that punishes people for sleeping and camping in public places. The ruling allows states and municipalities flexibility in addressing homelessness, but it also has a significant impact on the homeless population nationwide. KLJ Vol. 113 Staff Editor Casey Parker-Bell explains how now more than ever, local governments will need to consider changes to help alleviate the trends of rising homelessness across the country and provide help to those in need.
In the recent Supreme Court case Ohio v. EPA, Justice Gorsuch and Justice Barrett take opposing sides to the question of what test should be used when seeking a preliminary injunction in Federal Court. The two continue to differ on how these respective tests should be applied. Yet, with Justice Gorsuch’s approach gaining the majority of the votes, his four-part test could become the new precedent for seeking an injunction in Federal Court. KLJ Vol. 113 Staff Editor Basil McCoy explains the implications this new four-part test could have on our nation.