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Justice Gorsuch Embraces the Rule of Lenity—and Underscores Textualism’s Modest Goals

March 24, 2022
Richard Samp
  In its decision earlier this month in Wooden v. United States, 142 S. Ct. 1063 (2022), the Supreme Court had little difficulty rejecting the Solicitor General’s expansive interpretation of the Armed Career Criminal Act (ACCA). That statute mandates a 15-year minimum sentence for felons who violate firearms-possession bans and who have at least three…
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Amici for Freedom and the Fate of Free Speech

By: Philip Hamburger March 21, 2022
In the News
What will be the fate of free speech in the United States? The answer is coming soon from the U.S. Court of Appeals for the Fifth Circuit in Netchoice v. Paxton. Last year, Texas protected free speech from Big Tech censorship by passing a statute finding that the largest social media platforms are “common carriers”…
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Energy Security Is National Security

March 14, 2022
Harriet Hageman
  In December 200,8 Marine Corps General James Jones (Ret) wrote in a Wall Street Journal article that “You can’t use the word energy independence. It is not a valid phrase. It is designed to excite people. But it is simply not going to happen.” At the time that Mr. Jones made this pronouncement, the…
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State Court Docket Watch: Corman v. Acting Secretary of the Pennsylvania Department of Health

By: Margaret A. Little February 22, 2022
In the News
On December 10, 2021, the Pennsylvania Supreme Court unanimously affirmed,[1] on expedited direct appeal, a state trial court opinion[2] nullifying the state Department of Health’s mask mandate for all public schools. The Supreme Court agreed with the en banc trial court’s ruling that the state Department of Health lacked authority to require masks in the…
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Natural Immunity Denialism Responsible for Needless COVID-19 Discrimination, Job Losses

By: Philip Hamburger February 17, 2022
In the News
In a superb opinion piece in The Hill on Feb. 3, Drs. Jeffrey Klausner and Noah Kojima lauded the Centers for Disease Control and Prevention for finally recognizing that naturally acquired immunity to COVID-19 is superior to that induced through vaccination. That was the undeniable conclusion of a study conducted in California and New York. …
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Everyone Entering Marco Island Be Warned: City Is Keeping Tabs on You

February 11, 2022
Sheng Li
Photo: Plaintiffs in Schemel v. Marco Island: Stephen Overman, Michael Tschida, and Shannon Schemel. NCLA filed a lawsuit against the City of San Marco, Florida, on February 7, 2022, challenging the use of Automatic License Plate Readers (ALPRs) to track all drivers within city limits. This marks NCLA’s second lawsuit against a Florida municipality’s use of ALPR…
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Joe Martyak
Vice President of Communications and Marketing
Trevor Schakohl
Media Manager