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Give Me Liberty, or Give Me…Whatever EPA Wants 

By: Zhonette Brown May 15, 2024
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…

The First Amendment’s Forgotten Protection: The Right to Receive Information

By: Kaitlyn Schiraldi April 19, 2024
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…

What doesn’t the SEC want Volkswagen shareholders to know?

By: Russ Ryan April 6, 2024
When the Securities and Exchange Commission charged Volkswagen with fraud five years ago, the company emphatically disputed the charges as “legally and factually flawed” while assuring shareholders it would “vigorously” contest them. Fast forward to 2024. The SEC and Volkswagen jointly told the court last month that the company has agreed to pay $48 million to settle all charges. The…

How State Governments Escape Consequences for Unconstitutional Covid Policies

By: Jenin Younes April 3, 2024
Jenin Younescategory_listBlogs
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 President’s Prerogative Courts

March 28, 2024
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…

Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case

By: Philip Hamburger March 27, 2024
The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the justices to pay some attention to the First Amendment itself. Instead, the court relied on its own weak doctrines that invited the censorship in the…
Trevor Schakohl
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