According to the Supreme Court, “[d]eciding what competing values will or will not be sacrificed to the achievement of a particular [governmental] objective is the very essence of legislative choice[.]” So if Congress passes a law, but leaves that decision to an administrative agency, is the agency legislating in violation of the constitutional mandate that…

People often lament, “well, we didn’t know about that back then.” Is this a product of ignorance or merely a product of selective publication of information? After NCLA clients Dr. Jay Bhattacharya, Dr. Martin Kulldorff, Dr. Aaron Kheriaty, Jill Hines, and their co-plaintiffs uncovered the egregious partnership of social media companies and the government in Murthy…

During the Covid era, state and local governments across the nation flagrantly violated Americans’ constitutional rights for months in some cases and years in others in an ostensible effort to quell the virus’s spread. Yet, with some notable exceptions, the vast majority of bad government actors have avoided facing legal consequences by abusing the mootness…

The Star Chamber.  Even 383 years after its abolition, merely invoking its name brings a vague thrum of apprehension.  Not a spike of fear; no, it’s nothing quite that bracing.  More of a distantly remembered wrongness, a subliminal but constant worry that the ground might shift—without warning, without reason, without recourse.  And through some trick…

Title IX of the Education Amendments of 1972, provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. § 1681(a) (emphasis added). In short:…

George Orwell ominously warned “but if thought corrupts language, language can also corrupt thought.” In a nation premised on the ultimate rebellion, the government would never police speech to conform to one narrative, would it? Orwell’s words were not predictors of free speech’s demise, were they?   Unfortunately, like metastatic cancer, the government has indeed been…