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NCLA’s Hat Trick Against Transportation Department Provides Roadmap for Others
Blogs
NCLA lawsuits have forced the Department of Transportation to abandon an abusive administrative enforcement action against a small family-owned business for the third time this year. These cases provide a roadmap for others to follow when DOT drags them into illegitimate administrative proceedings. All three NCLA cases challenged in federal court the constitutionality of DOT’s…
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The Supreme Court Must Quit Qualified Immunity
Blogs
Justices Sotomayor and Thomas agree. Professors Neal Katyal and Philip Hamburger agree. And the American Civil Liberties Union (ACLU) and the New Civil Liberties Alliance (NCLA) agree. The United States Supreme Court should reconsider its qualified immunity jurisprudence. And that is precisely what the NCLA has asked the Supreme Court to do in its petition for certiorari…
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SEC Must Scrutinize Auditing Watchdog Before Offering More Funds
It’s good to be a powerful regulator that sets its own budget without much congressional oversight or a need to beg elected representatives for annual appropriations. Most Americans are feeling the squeeze of runaway inflation and stagnant wage growth, but not the bureaucrats who regulate auditors of public companies and securities brokers. The Public Company…
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Protecting Judicial Independence: Providing Accused Judges a Fair Administrative Forum
Blogs
A new kind of administrative threat has emerged: use of the federal judiciary’s internal administrative machinery to bypass the Constitution’s impeachment process and sideline a disfavored judge. That’s what is happening in the U.S. Court of Appeals for the Federal Circuit. Its administrative Judicial Council has prohibited Judge Pauline Newman from hearing any new cases—for…
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All the News Fit for You To Hear
Do you want your government, under the guise of managing foreign affairs, to divert its anti-terror technology and resources to censor a segment of the American domestic press? Do you expect your tax dollars to fund and promote a scheme of media blacklists, designed to drive advertising dollars away from disfavored media outlets to bankrupt…
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The Supreme Court Should Begin to Phase out Major Questions in Favor of Non-Delegation
Blogs
“[i]f nothing more were required, in exercising a legislative trust, than a general conveyance of authority—without laying down any precise rules by which the authority conveyed should be carried into effect—it would follow that the whole power of legislation might be transferred by the legislature from itself, and proclamations might become substitutes for law.”— James…
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