Because our elected branches of government can’t always be trusted to zealously keep one another in check, litigation by individual private citizens has long been among the most effective ways to enforce separation of powers and other structural constitutional boundaries. At least four recent cases involving the Securities and Exchange Commission underscore the power…

Photo: The U.S. Securities and Exchange Commission building Americans interact with the First Amendment every day, whether it be through watching the evening news, criticizing the government on Twitter, or attending weekly religious services. Integral to the American experience, most would tell you that the First Amendment protects rights to free speech, religion, and press. Yet,…

  A month ago, I was speaking with an associate at a DC law firm. I told him that I work at a non-profit, the “New Civil Liberties Alliance,” which represents parties in cases relating to administrative law. He appeared confused and asked how civil liberties are connected to administrative agencies. For those who have…

Photo: U.S. Marshals Service The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an…

Photo: Hon. William H. Pryor Jr., Chief Judge of the United States Court of Appeals for the Eleventh Circuit   The unconstrained attack on the federal judiciary by Democratic members of Congress is in full swing. That effort was abetted last week by an ill-considered decision by the Committee on Judicial Conduct and Disability of…

  The First Amendment famously declares that Congress shall pass no law abridging the freedom of speech, so why is the Securities and Exchange Commission (SEC) discouraging fiduciary investment advisers from accurately disclosing their fiduciary status to clients? There are two main categories of financial professionals regulated by the SEC: stockbrokers and investment advisers. Brokers…