Andy McCarthy has a great article in NR concerning a recent “Rule 28(j)” letter sent to the Federal Circuit in V.O.S. Selections, et al. v. Trump, et al., Nos 25-1812, 25-1813.  The use and abuse of Rule 28(j) letters is a hobbyhorse of mine, particularly as far as the Department of Justice is concerned.  Rule…

On February 19, 2025 President Trump issued Executive Order 14219 declaring that his administration would “commence the deconstruction of the overbearing and burdensome administrative state.” To ensure that agencies received his message the President issued his Directing the Repeal of Unlawful Regulations memorandum. This memo directed agencies to look at their regulations in light of…

Back in 2014, President Obama drew criticism from opponents for his pen-and-phone strategy to pursue his agenda in the face of congressional deadlock. The “pen” part of his strategy signaled a renewed reliance on direct executive actions—like Executive Orders and memoranda—to secure policy outcomes that could not be achieved through legislation by a divided Congress.…

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…