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To Mandate or Not to Mandate: History Will Not Judge Us Kindly

October 17, 2021
Harriet Hagemancategory_listCovid-19 Articles
Photo: (left to right) NCLA Senior Litigation Counsel Harriet Hageman, NCLA client Jeanna Norris, and NCLA Litigation Counsel Jenin Younes stand on the steps of the U.S. District Court for the Western District of Michigan immediately after the hearing. MSU’s stated goal for adopting its vaccine mandate is to keep people safe from COVID-19. The…
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Mutually Assured Liberty: Generational Reciprocity and the Constitution

October 7, 2021
Michael P. DeGrandis
  In my July 9, 2021 blog post, I examined the nexus between the Declaration of Independence, which pronounced the liberty-to-all principle that chartered the American nation, and the Constitution, which is the vehicle through which the Framers chose to achieve the liberty-to-all charter’s ideal. I argued that adherence to the Constitution’s structure, such as…
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Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II

By: Margaret A. Little September 24, 2021
Peggy Little
  I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been recognized as one of the best writers…
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Let’s Not Celebrate Constitution Day

September 17, 2021
Adi Dynar
  I was not born an American citizen. I chose to be one. I grew up elsewhere. Few Americans realize how intrigued the rest of the world is with America’s Independence Day and Constitution Day. Few understand the significance of the two documents the two days celebrate—if they’ve read them at all. Fewer still grasp…
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When Government Gags, Public Loses

September 10, 2021
Lauren Renslow
Freedom of speech remains a core tenet of democratic societies and free peoples. Speaking up and speaking out are always to be heralded, especially during contentious times in America. But while the freedom to speak is oft rejoiced, few realize that the interests protected by the First Amendment include the freedom to listen. When voices…
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Supreme Court Hints Eviction Moratorium Was Compensable Takings

September 2, 2021
Covid-19 Articlescategory_listSheng Li
  Last week, the Supreme Court released an eight-page per curiam opinion holding that the Centers for Disease Control and Prevention (CDC) lacked statutory authority to impose and repeatedly extend an eviction moratorium that covered most of the country. The Court reasoned that the public-health statute upon which CDC relied—which referenced measures such as “fumigation”…
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