The Court’s opinion in Loper Bright and Relentless is, obviously, about what to do with an ambiguous statute.  But when paired with the dissent, the twinned cases tell a story of jurisprudential tectonic plates grinding against each other in a way that—if we pay close attention—might give us a deeper appreciation for the proper role…

Prior to last Thursday’s Supreme Court oral argument in the consolidated birthright citizenship cases, most legal prognosticators proclaimed the high court would finally put an end to nationwide injunctions. Afterall, a majority of the justices in concurrences or dissents had criticized the granting of—by single district court judges—injunctions that applied on a nationwide basis and…

On April 24, I had the pleasure of arguing before the United States Court of Appeals for the District of Columbia Circuit in Newman v. Moore.  During the argument, the panel of judges inquired as to what is the appropriate standard for removing judges from office, and whether that standard is different from the standard…

When Covid-19 hit in March 2020, governors quickly showed they were willing to abuse their emergency powers. They closed schools and most businesses, taking what at first seemed reasonable measures to prevent viral spread in crowded rooms. But then they also closed outdoor public spaces—parks, trails, beaches, waterways, and even children’s playgrounds. They had police…

Perhaps one of the deadliest mistakes made by government officials (predominantly those in New York State) during the pandemic was requiring re-admission of Covid-positive patients back into nursing homes. On March 25, 2020, then-New York Governor Andrew Cuomo issued an “advisory” prohibiting nursing homes from “den[ying] re-admission or admission to the NH [nursing home] solely…

During the Covid pandemic, numerous federal officials and agencies implemented an expansive censorship apparatus, which was used to compel—and, in some instances, collaborate with—social media companies and other private intermediaries to suppress a range of Covid-related viewpoints that ran counter to or questioned the government’s policies or preferred narrative. The censored viewpoints included those which…