Can a court force you to defend yourself against a lawsuit thousands of miles away in a place where something you made, created or said just happened to end up? The Supreme Court may answer this critical question in Ford Motor Co. v. Bandemer, consolidated with Ford Motor Co. v. Montana Eighth Judicial District. In…

  On November 2, 2020, Justice Amy Coney Barrett participated in her first two oral arguments as an Associate Justice of the Supreme Court of the United States. Over the next few decades, she will get to ask incisive questions during oral argument to help her decide cases that will come before the Court. Only…

  One fundamental problem with having agencies in Washington, DC issue thousands of regulations that apply to everyone and everywhere in the country is that there is simply no way for them to consider the thousands of ways in which their one-size-fits-all approach can go wrong. One area especially rife with peril is in the…

I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and AMG Capital Management, LLC et al. v. FTC, CA19-508, have been combined before the Court, and NCLA…

  Over the summer I wrote about Executive Order 13924, which attempts to lessen the administrative burdens faced by private individuals and businesses by reining in the administrative state. In addition to directing agencies to rescind, modify, or waive regulations that may hamper economic recovery from the COVID-19 pandemic, section 6 of the Order also…

  So, we have a nominee for the Supreme Court, Amy Coney Barrett, and, as with all such nominations, the prognosticators, pundits, and public want to know how this candidate will approach the issues they believe the Supreme Court is most likely to hear in coming years. Misinformation abounds. The cognoscenti know that abortion will…