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Justice Kagan and Stare Decisis

Justice Kagan and Stare Decisis

  Supreme Court Justice Elena Kagan has staked out a position for herself as the Supreme Court’s foremost defender of stare decisis. That doctrine holds that today’s Court ought to stand by yesterday’s decisions. Respecting stare decisis sometimes means sticking...

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Deference Disregards Duty

Deference Disregards Duty

  Deference is ubiquitous in modern administrative law. Chevron, U.S.A., Inc. v. NRDC, Inc. is the most cited case in administrative law and one of the most cited Supreme Court cases in history, having been cited in more than 17,428 cases and 12,879 law review...

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Administrative Law Judge, Jury and Executioner

Administrative Law Judge, Jury and Executioner

Second only to the niceties of how a bill becomes a law, the three branches of government and the manner in which their separate functions safeguard liberty are seared into the mind of every American, due to their halcyon days in civics class watching “Schoolhouse Rock.” Unfortunately, many of our leaders have forgotten these basic, yet indispensable principles.

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Good-bye, Morrison v. Olson

Good-bye, Morrison v. Olson

  United States v. Arthrex, last week’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the...

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NLRB Attempts to Censor Speech—Again

NLRB Attempts to Censor Speech—Again

Elon Musk is well-acquainted with the Administrative State’s obsession with his tweets. The Tesla CEO, already the subject of various Securities and Exchange Commission proceedings based on prior tweets, has drawn the interest of the National Labor Relations Board (NLRB) for questioning the benefits of union membership on Twitter.

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The Problem with “Percolation”

The Problem with “Percolation”

  In Federalist Number 78 Alexander Hamilton wrote about the importance of not only an independent judiciary, but one that had the courage to protect liberty. Judges, he said, have a “duty” “to declare all acts contrary to the manifest tenor of the Constitution...

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Biden Title IX Order

Biden Title IX Order

  On International Women's Day, President Joe Biden issued an executive order “direct[ing] the Department of Education (ED) to review all of its existing regulations, orders, guidance, and policies” for the ostensible purpose of “guarantee[ing] an educational...

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Cancel Culture on Trial

Cancel Culture on Trial

  An important case will be heard this term at the Supreme Court out of the Ninth Circuit—and the stakes could not be higher. Americans for Prosperity Foundation v. Becerra challenges a California Office of Attorney General’s lawless demand for non-profits’ donor...

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One Mother’s Fight to See the Law

One Mother’s Fight to See the Law

  When mother-to-be Lisa Milice was researching nursery products to buy for her first child, she ran into a paywall. The problem was that, although the U.S. Consumer Product Safety Commission adopts binding safety standards for infant and nursery products,...

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