Media Room
Commentary
Post Search
When Foxes Run the Henhouse: The Failures of State Professional Licensing Boards
Blogs
“All professions are conspiracies against the laity,” George Bernard Shaw wrote in his 1906 play The Doctor’s Dilemma. However, the story of the Benedictine monks of Saint Joseph Abbey shows that professions can sometimes be conspiracies against the clergy, too. In 2005, Hurricane Katrina battered the forest near the Abbey, felling a great deal of…
Read
What If Loper Bright/Relentless Is Right and Chevron Was Wrong Because We Are A Free People?
Blogs
The Court’s opinion in Loper Bright and Relentless is, obviously, about what to do with an ambiguous statute. But when paired with the dissent, the twinned cases tell a story of jurisprudential tectonic plates grinding against each other in a way that—if we pay close attention—might give us a deeper appreciation for the proper role…
Read
Will Politics and Practicality Trump Precedent & Separation of Powers in Nationwide Injunction Case?
Blogs
Prior to last Thursday’s Supreme Court oral argument in the consolidated birthright citizenship cases, most legal prognosticators proclaimed the high court would finally put an end to nationwide injunctions. Afterall, a majority of the justices in concurrences or dissents had criticized the granting of—by single district court judges—injunctions that applied on a nationwide basis and…
Read
The constitution, the courts, and nationwide injunctions
The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather,…
Read
On Judicial Tenure
Blogs
On April 24, I had the pleasure of arguing before the United States Court of Appeals for the District of Columbia Circuit in Newman v. Moore. During the argument, the panel of judges inquired as to what is the appropriate standard for removing judges from office, and whether that standard is different from the standard…
Read
Trump’s tariffs are unconstitutional — we’re suing to end them
A small business in Florida is facing illegal tariffs imposed by the Trump administration on imports from China and other countries. Our organization, the New Civil Liberties Alliance, has filed a lawsuit in federal court because these tariffs are unlawful. The company is named Simplified. It was founded by CEO Emily Ley and sells premium…
Read
Media Team
