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Protecting Judicial Independence: Providing Accused Judges a Fair Administrative Forum

By: Andrew Morris December 8, 2023
Blogs
A new kind of administrative threat has emerged: use of the federal judiciary’s internal administrative machinery to bypass the Constitution’s impeachment process and sideline a disfavored judge. That’s what is happening in the U.S. Court of Appeals for the Federal Circuit. Its administrative Judicial Council has prohibited Judge Pauline Newman from hearing any new cases—for…
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The Supreme Court Should Begin to Phase out Major Questions in Favor of Non-Delegation

By: Randy Quarles December 1, 2023
Blogs
“[i]f nothing more were required, in exercising a legislative trust, than a general conveyance of authority—without laying down any precise rules by which the authority conveyed should be carried into effect—it would follow that the whole power of legislation might be transferred by the legislature from itself, and proclamations might become substitutes for law.”— James…
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Opt-Out Versus Opt-In, the Inverted Presumption, and the CAT

November 17, 2023
Blogs
“We do it this way on all other campuses. If we cannot do it this way, we’ll leave Amherst.” That was the ultimatum served to me by a representative of MASSPIRG (Massachusetts Public Interest Research Group) fourteen and a half years ago. At the time, I was a member of the five-student strong Amherst College…
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Neutral Magistrate Should Resolve Our Legal Contests, Not One of the Contestants

By: Andrew Morris November 9, 2023
Blogs
“I don’t know what you mean by ‘glory,’” Alice said. Humpty Dumpty smiled contemptuously. “Of course you don’t—till I tell you. I meant ‘there’s a nice knock-down argument for you!’” “But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question…
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Clearly Established: SEC and CFTC on Notice of Their Persistent Free-Speech Violations

By: Russ Ryan October 19, 2023
Blogs
When a judge says something is illegal, most people stop doing it and change their ways. Not so with federal agencies like the Securities and Exchange Commission and the Commodity Futures Trading Commission. In recent years, three different federal judges have told the SEC in no uncertain terms that the agency habitually violates the free…
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Freedom of Speech: Tyranny’s Greatest Enemy (and Why We Should Care)

By: Casey Norman October 6, 2023
Blogs
“In nonsense is strength.”[1] These are Kurt Vonnegut’s words, but they also happen to be the message that the U.S. federal government sends to its citizens with each unapologetic justification of its ongoing efforts to censor First Amendment-protected speech.  As we’ve seen from the Twitter Files and cases like Missouri v. Biden and Dressen v. Flaherty, according to the federal government,…
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