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The Collision of Administrative Law and Civil Liberties

The Collision of Administrative Law and Civil Liberties

The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.

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SCOTUS Must Limit Unwarranted Searches to Preserve 4th Amendment Protections

SCOTUS Must Limit Unwarranted Searches to Preserve 4th Amendment Protections

The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.

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Ill-Considered Decision Revives Judicial Misconduct Complaint

Ill-Considered Decision Revives Judicial Misconduct Complaint

The unconstrained attack on the federal judiciary by Democratic members of Congress is in full swing. That effort was abetted last week by an ill-considered decision by the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States. The Committee revived a judicial misconduct complaint against two federal judges and directed the formation of a “special committee” to conduct a “thorough[] and careful[]” factual investigation.

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Non-Delegation Doctrine 101

Non-Delegation Doctrine 101

  Jon Stewart recently discussed at length on his podcast, “The Problem with Jon Stewart,” until recently, a nearly extinct legal doctrine known as “non-delegation.” Although the Supreme Court has not invalidated any law on non-delegation grounds since the 1930s,...

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The Other Cause of Congressional Inaction

The Other Cause of Congressional Inaction

  Many Americans can tell you that Congress has been unable to pass laws because Republicans and Democrats disagree on the issues. For a bill to pass in the Senate, effectively 60 out of the 100 Senators must vote in favor of it because of a procedure called the...

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DHS Disinformation Board Paused, Government Urge to Censor Continues

DHS Disinformation Board Paused, Government Urge to Censor Continues

A little over a year ago, the Supreme Court issued a unanimous decision in AMG Capital Management, LLC v. Federal Trade Commission. In that case, the Court determined that Section 13(b) of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 53(b), does not authorize the FTC “to seek, and a court to award, equitable monetary relief such as restitution or disgorgement.”

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The Thing No One Is Talking About Post-AMG

The Thing No One Is Talking About Post-AMG

A little over a year ago, the Supreme Court issued a unanimous decision in AMG Capital Management, LLC v. Federal Trade Commission. In that case, the Court determined that Section 13(b) of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 53(b), does not authorize the FTC “to seek, and a court to award, equitable monetary relief such as restitution or disgorgement.”

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Judge Jones Stands Up for Separation-of-Powers Principles

Judge Jones Stands Up for Separation-of-Powers Principles

Defenders of the administrative state have long contended that the Government runs much more smoothly when professional bureaucrats are granted free rein to act in “the public interest,” unconstrained by political forces that they fear are, all too often, dominated by “special interests.” That belief led in 2010 to creation of the Consumer Financial Protection Bureau (CFPB), an agency structured by Senator Elizabeth Warren and others to be entirely insulated from control by the political branches of government.

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Energy Security Is National Security

Energy Security Is National Security

  In December 200,8 Marine Corps General James Jones (Ret) wrote in a Wall Street Journal article that “You can’t use the word energy independence. It is not a valid phrase. It is designed to excite people. But it is simply not going to happen.” At the time that...

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Everyone Entering Marco Island Be Warned: City Is Keeping Tabs on You

Everyone Entering Marco Island Be Warned: City Is Keeping Tabs on You

NCLA filed a lawsuit against the City of San Marco, Florida, on February 7, 2022, challenging the use of Automatic License Plate Readers (ALPRs) to track all drivers within city limits. This marks NCLA’s second lawsuit against a Florida municipality’s use of ALPR technology on Fourth Amendment grounds—the first case was filed against Coral Gables.

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Madness and Recovery: Dr. Skoly in Court

Madness and Recovery: Dr. Skoly in Court

Proving the truth about going “mad,” Rhode Island, in response to the COVID-19 Delta variant, enacted an excessively broad vaccine mandate for health care workers. As should have been foreseen, but was not (as is typical of political actions taken in fear and haste), the mandate has harmed the public: The termination of workers unwilling to be vaccinated has created staffing shortages so critical that Rhode Island has been forced to allow COVID infected workers to treat vulnerable patients.

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First Amendment Claimants Deserve Their Day in Court

First Amendment Claimants Deserve Their Day in Court

McCain-Feingold, the campaign-finance legislation adopted by Congress in 2002, includes several provisions (known collectively as “the Millionaires’ Amendment”) designed to protect incumbent members of Congress facing very wealthy challengers. Among the provisions is one that limits a campaign committee’s right to use funds raised after the election to repay large loans (in excess of $250,000) made to the committee by the candidate himself.

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NLRB’s Prosecution of a Twitter Jokes Has Left the Third Circuit Considering Whether to Check the Agency’s Expansion of Its Enforcement Authority

NLRB’s Prosecution of a Twitter Jokes Has Left the Third Circuit Considering Whether to Check the Agency’s Expansion of Its Enforcement Authority

When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along. Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine.” A senior contributor at The Federalist tweeted in reply that workers “demand to be paid in Ben-mixed cocktails.”

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