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Justice Gorsuch Embraces the Rule of Lenity—and Underscores Textualism’s Modest Goals
Richard Samp
In its decision earlier this month in Wooden v. United States, 142 S. Ct. 1063 (2022), the Supreme Court had little difficulty rejecting the Solicitor General’s expansive interpretation of the Armed Career Criminal Act (ACCA). That statute mandates a 15-year minimum sentence for felons who violate firearms-possession bans and who have at least three…
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Energy Security Is National Security
Harriet Hageman
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 Mr. Jones made this pronouncement, the…
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Everyone Entering Marco Island Be Warned: City Is Keeping Tabs on You
Sheng Li
Photo: Plaintiffs in Schemel v. Marco Island: Stephen Overman, Michael Tschida, and Shannon Schemel. 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…
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Madness and Recovery: Dr. Skoly in Court
Brian Rosner
Photo: Plaintiff Dr. Stephen Skoly “[People] it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, one by one.” ― Charles MacKay, Extraordinary Popular Delusions and the Madness of Crowds (1841) Proving the truth about going “mad,” Rhode Island, in response to…
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Acquitted Conduct and Sentencing Enhancements: Is a Change in Supreme Court Precedent Near?
Kara Rollins
It seems logical that a person acquitted of a crime cannot, and should not, serve time for that crime, but on the federal level, and in many states, that is not always the case. In criminal cases, an acquittal means that the government has failed to prove an essential element of its case “beyond…
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First Amendment Claimants Deserve Their Day in Court
Richard Samp
Photo: U.S. Senator Ted Cruz speaking with attendeesat the 2019 Teen Student Action Summit in Washington, D.C./Gage Skidmore 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…
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