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Could Jarkesy Help Resolve Circuit Split on NLRB’s Authority to Impose Monetary Remedies?

By: Sheng Li March 20, 2025
Blogs
Judge Bumatay’s dissent in Int’l Union of Operating Eng’rs, Stationary Eng’rs, Loc. 39 v. NLRB, 127 F.4th 58, 79 (9th Cir. 2025), suggests that SEC v. Jarkesy, 603 U.S. 109 (2024)—which held that the SEC’s in-house adjudication of civil-penalty claims violated the accused’s right to a jury trial in an Article III court—may be key…
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Abolish Cigie to Save the Constitution

By: John J. Vecchione March 19, 2025
The media has noted President Trump’s termination of inspectors general from more than a dozen federal agencies but has overlooked a larger threat to presidential control of the executive branch. Congress intentionally insulated the Council of the Inspectors General for Integrity and Efficiency from presidential control, essentially leaving it accountable to no one. Cigie—pronounced “Siggy”—is…
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Courts Aren’t Trampling Trump, They’re Trampling the Voters

By: Margot Cleveland February 24, 2025
“They’re not coming after me, they’re coming after you, and I’m just standing in the way.” President Trump, while varying the formulation, regularly jibes that sentiment when speaking to Americans. Mr. Trump, moreover, has never been more correct in his assessment than now. The “they,” however, is no longer Democrats, the Deep State, or even…
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Our Agencies Are Failing Us: Why A Mother’s Discernment Cannot Be Replaced by Fallible Agencies

By: Kaitlyn Schiraldi February 12, 2025
Blogs
American citizens should not allow federal agencies to replace their own discernment and instinct by blindly believing that regulations reduce risk—the government will never be a benevolent parens patriae. Skepticism of the government is a natural result of being in the public interest legal profession, but entering motherhood heightened this distrust. The sanctity of protecting…
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FDA’s cynical attempt to shut the courthouse doors — and the threat it poses to our rights against all federal agencies

By: Andrew Morris February 7, 2025
Blogs
A pending Supreme Court case threatens the right of many citizens’ to challenge agency actions that unlawfully harm them. In Food and Drug Administration v. RJ Reynolds Vapor Co, the Supreme Court will either confirm that right or permit the FDA to shut the courthouse door on many people and businesses harmed by unlawful agency…
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The Education Department and the KKK

By: Philip Hamburger February 6, 2025
The Trump administration’s desire to dismantle the Education Department has inspired some alarm. Those panicking would do well to remember a key historical fact: One of the leading advocates of creating such a department was the Ku Klux Klan. Congress authorized today’s Education Department in 1979, transferring authority over federal education policy from the 1953…
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