Modern Supreme Court constitutional interpretation increasingly looks to history. Second Amendment jurisprudence post-Bruen and Rahimi looks to early American analogs for the permissibility of firearms restrictions. Our substantive due process test as articulated in Washington v. Glucksberg looks, in part, to whether a right is “deeply rooted in this Nation’s history and tradition.” Similarly, the…

Asking for a silver lining in the Supreme Court’s FCC v. Consumers’ Research nondelegation opinion may be too much. Perhaps, however, an optimist can find threads of reasons to hope for a better outcome in the future. Last November the Supreme Court granted certiorari in FCC v. Consumers’ Research. Many court-watchers were hopeful the Supreme…

During the COVID-19 pandemic, many individuals faced an ultimatum: comply with a vaccine mandate or forfeit your employment. These mandates coerced individuals into relinquishing their bodily integrity as a condition of keeping their jobs. In so doing, these mandates were not only an assault to personal liberty, but, when imposed by government employers, were classic…

The saga of the SEC’s Consolidated Audit Trail (CAT) featured a notable milestone on July 25 when the 11th Circuit Court of Appeals delivered a blow against the CAT as it currently operates. A three judge-panel unanimously held that the legal mechanism adopted in 2023 to fund the CAT violates the Administrative Procedure Act. In…

If at first you don’t succeed, try try try . . . [insert 13 more tries here] again. This is the story with the Regulations from the Executive in Need of Scrutiny Act of 2025 (“REINS Act”). A piece of legislation that has been—in one form or another—reintroduced in each new Congress as far back…

A few weeks ago, the Supreme Court decided McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., where it held that the Hobbs Act’s grant of exclusive review in the courts of appeals to determine the validity of agency orders does not preclude district courts from determining the meaning of the law under Loper Bright. Importantly, the…