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No Remedy for Censorship: The Perils of Murthy
Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history. (I must confess a personal interest in all…
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Statutory Misinterpretation: How the Department of Education Squinted at Title IX and Pretended ‘Sex’ Wasn’t Binary
Blogs
Many non-lawyers instinctively recoil when unelected agency bureaucrats inject hotly debated social issues into federal regulations. The common man intuitively understands what agencies do not—agencies need Congress’s permission before they enact regulations. Agencies have toppled Congress’s authority by a slight-of-hand called manipulative statutory interpretation. Legitimate statutory interpretation is a Nancy Drew-esque sleuthing escapade to determine…
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A Watershed Supreme Court Term Will Not Drown The Administrative State
Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still awaiting decision by month’s end, it promises to be a watershed year. Greater freedom and constitutional restoration appear to be in the offing,…
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Illinois Supreme Court Rules Monetary Bail Not Required By Bail Clause in State Constitution
In July 2023, the Illinois Supreme Court issued a much-anticipated ruling in Rowe v. Raoul, a challenge to the state’s Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.[1] The Act “dismantled and rebuilt Illinois’s statutory framework for the pretrial release of criminal defendants.” [2] In a 5-2 opinion, the Illinois Supreme Court reversed a lower court’s ruling that the Act…
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Give Me Liberty, or Give Me…Whatever EPA Wants
Blogs
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…
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The First Amendment’s Forgotten Protection: The Right to Receive Information
Blogs
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…
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