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FDA’s cynical attempt to shut the courthouse doors — and the threat it poses to our rights against all federal agencies

By: Andrew Morris February 7, 2025
Blogs
A pending Supreme Court case threatens the right of many citizens’ to challenge agency actions that unlawfully harm them. In Food and Drug Administration v. RJ Reynolds Vapor Co, the Supreme Court will either confirm that right or permit the FDA to shut the courthouse door on many people and businesses harmed by unlawful agency…
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I Beg Your Pardon? Victims of Unjust Agency “Civil” Prosecution Deserve Mercy Too

By: Russ Ryan February 3, 2025
Blogs
The recent flurry of pardons issued by our outgoing and incoming presidents raises a question I’ve pondered from time to time but never resolved: Can (and should) presidents grant clemency to deserving people who committed no crime but nevertheless find themselves condemned to perpetual misery and impecunity for committing putatively “civil” violations prosecuted by federal…
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Consent Decrees: Thinning Out the Forest of Laws

By: Daniel Kelly January 24, 2025
Blogs
The Forest of Laws The Department of Justice’s litigators have decided that management of the Minneapolis police department may no longer remain where the law says it must remain. This must be so, they say, because they are on the hunt for policing patterns and practices that allegedly produce racially disparate results.  No one wants…
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The Two Holdings of Securities and Exchange Commission v. Jarkesy and What They Mean for the Future of Administrative Adjudication

By: Margaret A. Little January 17, 2025
Blogs
Public commentary on the Supreme Court’s decision in SEC v. Jarkesy is an unusually stark litmus test of political and legal perspectives of the commentariat. Progressives sound a drumbeat of conspiracy, destruction, mayhem and even ruin against a lively background of originalists, libertarians, and conservatives shooting off fireworks and cannons or popping champagne to celebrate. …
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Meta’s U-Turn on Censorship: A Win for Free Speech or Too Little, Too Late?

By: Jenin Younes January 10, 2025
Blogs
Meta announced that it will discontinue its fact-checking program, which it will replace with a Community Notes model akin to that utilized by X (formerly known as Twitter).  Free speech proponents are celebrating this policy change as effectively ending viewpoint-based censorship on Meta’s social media platforms (Facebook, Instagram, and Threads).  To accompany Meta’s written statement,…
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Free Speech in the Age of Sensitivity: A Cautionary Tale

By: Casey Norman December 13, 2024
Blogs
Nearly a century ago, Justice Brandeis warned: “Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent.  Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers.  The greatest dangers to liberty lurk in insidious encroachment by men of zeal,…
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