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ALJs: Unnatural Law Judges
Blogs
Core to American democracy is John Locke’s insight that the purpose of government is to preserve the people’s natural rights to life, liberty, and property. To accomplish this goal, a government must provide a “known and indifferent judge, with authority to determine all differences according to the established Law.” Locke specifically warned that “for every…
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The Supreme Court’s Corner Post Ruling: Restoring Justice Where It’s Due
Blogs
The Supreme Court deserves some additional praise for its decision resolving a circuit split on a fine point of administrative law in Corner Post from its most recent term. Without acknowledging as much, the majority in Corner Post affirmed an elementary proposition of moral and legal justice that had fallen by the wayside. In one…
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EPA and the AIM Act: The Very Definition of Tyranny
Blogs
As James Madison famously observed, “[t]he accumulation of all powers legislative, executive, and judiciary in the same hands, whether one, a few or many, … may justly be pronounced the very definition of tyranny.” Federalist No. 47. Using that definition, the Environmental Protection Agency (“EPA”) is a tyrant, due in part to the poorly crafted…
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Big Government’s License to Kill Space Travel
Something strange is intercepting our trajectory into space. The obstacle isn’t space debris, old satellites, or meteors. Rather, it’s licensing. The Federal Aviation Administration (FAA) has not yet granted a license for the launch of Elon Musk’s SpaceX Starship, and even the Fish and Wildlife Service is still evaluating whether to permit it. Licensing is thus…
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A Constitutional Lawyer’s Dream: Tightening the Intelligible Principle Test
Blogs
The Roberts Court has an appetite for taking decades-old, unworkable, judge-made doctrines and injecting the Constitution into the fold. The Justices no longer turn a blind eye to unconstitutional “tests” in the name of stare decisis, thereby becoming complicit in weakening the Constitution, but rather scrutinize the decisions of their brethren through the lens of…
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Overturning Chevron Is a Major Victory
How important is the decision issued in June by the Supreme Court in Loper Bright Enterprises v. Raimondo and its companion case, Relentless, Inc. v. Department of Commerce? The Claremont Institute’s Theo Wold observes that this victory against the administrative state is merely “incremental.” Although valuable, “it will not remake the administrative state or solve the post-New Deal power imbalance in the federal government.”…
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