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The Major Questions Doctrine Is Compatible with Textualism
In the News
The Supreme Court in several recent cases has explicitly applied what it refers to as the “major questions doctrine” (MQD) when construing the meaning of federal statutes. Under the Doctrine, in “extraordinary” cases the Court will not accept a federal agency’s claim that Congress has authorized the agency to make “major policy decisions” with vast…
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Judges Attack Judicial Independence
A disturbing constitutional drama is unfolding in the U.S. Court of Appeals for the Federal Circuit. Chief Judge Kimberly Moore has effectively deprived one of her colleagues, Judge Pauline Newman, of her judicial office. Although not as noisy as recent attacks on the Supreme Court, this could be as dangerous for our republic. Threats to judicial independence ordinarily…
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The Biden Administration’s Assault on Free Speech
Among the revelations in the so-called Twitter files was that government officials pressured social-media companies to censor posts unfavorable to the Biden administration. The White House has denied this, insisting that companies like Meta and Twitter adopted content-moderation policies on their own. But internal documents newly released by the House Judiciary Select Subcommittee on Weaponization of the…
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If John Marshall Is Right, Chevron Is Wrong!
Blogs
[The following is an abridged transcript of a speech given by Thomas Dupree on July 13, 2023, during the Hamburger-Frankfurter Debate at the New Civil Liberties Alliance. Mr. Dupree was assigned the ‘Chevron must be overturned!’ side of the debate.] In Marbury v. Madison, Chief Justice John Marshall famously stated that “[i]t is emphatically the province…
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Click, Share, Retweet… DELETE: Unconstitutional Government Censorship of Social Media Platforms
Blogs
Are social media platforms truly “social?” Twitter’s mission statement reads, “To give everyone power to create and share ideas and information instantly, without barriers.” Facebook’s mission statement includes, “the power to build community and bring the world closer together.” If these platforms were intentionally designed with missions to build a more cohesive community through the free flow…
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Missouri v. Biden: The Crossroads Between Misinformation and Free Speech
Judge Terry Doughty’s Fourth of July issuance of a preliminary injunction in the case Missouri v. Biden has drawn powerful reactions, earning the federal judge a slew of both fans and critics. I recommend my colleague John Vecchione’s discussion of the case and Judge Doughty’s ruling, which found that the plaintiffs are likely to succeed on their First Amendment…
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