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Our Anti-Catholic Administrative State by Philip Hamburger
Notwithstanding the all-consuming salience of the election, two days afterward the Supreme Court will consider another fateful question in Fulton v. City of Philadelphia. On the surface, the case concerns a city commissioner’s candid animosity toward traditional Catholicism. But it also involves a much deeper problem—the systemic administrative slant against orthodox Americans. In Fulton, the commissioner of…
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An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel
John J. Vecchione
I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and AMG Capital Management, LLC et al. v. FTC, CA19-508, have been combined before the Court, and NCLA…
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Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction
Kara Rollins
Over the summer I wrote about Executive Order 13924, which attempts to lessen the administrative burdens faced by private individuals and businesses by reining in the administrative state. In addition to directing agencies to rescind, modify, or waive regulations that may hamper economic recovery from the COVID-19 pandemic, section 6 of the Order also…
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Some Thoughts on the Nomination of Judge Amy Coney Barrett
Peggy Little
So, we have a nominee for the Supreme Court, Amy Coney Barrett, and, as with all such nominations, the prognosticators, pundits, and public want to know how this candidate will approach the issues they believe the Supreme Court is most likely to hear in coming years. Misinformation abounds. The cognoscenti know that abortion will…
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Arizona Supreme Court Adopts NCLA-drafted Amendment to Court Rules
Adi Dynar
The Arizona Supreme Court took a welcome step last month by making it easier to obtain state-court stays of state-agency decisions. It adopted verbatim the NCLA-drafted amendment to court rules. The new rule is scheduled to go into effect on January 1, 2021. Why is the rules amendment an important reform? Here’s why. A…
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Is Thunder Basin Inescapable?
In the News
Author: NCLA Legal Intern Bradley Larson It is a mainstay of the American legal system that people can bring their grievances in front of an impartial judge and obtain “equal justice under law.” However, 26 years ago, in an obscure case called Thunder Basin Coal Co. v. Reich, the Supreme Court made protecting the rights…
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