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The Supreme Court's Jarkesy decision is about keeping promises
John Roberts’s opinion of the Court in Jarkesy correctly describes its application of law as “straightforward question.” It follows clear precedent (Granfinanciera “decides this case”), distingiuishes irrelevant precedent (Atlas Roofing), and admirably confines the erroneous expansion of the “public rights” doctrine to its narrow origins so that it no longer would be the exception that…
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Chief Justice Roberts’s Two Landmark Opinions Turn Tide Toward Liberty
Just in time for America’s 248th birthday, Chief Justice John Roberts has gifted our nation two landmark decisions that turn the tables on unlawful administrative power and turn the tide toward liberty. These cases do more to save Americans from being dominated by bureaucratic overlords than anything else the Court has done in at least half…
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No Remedy for Censorship: The Perils of Murthy
Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history. (I must confess a personal interest in all…
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Statutory Misinterpretation: How the Department of Education Squinted at Title IX and Pretended ‘Sex’ Wasn’t Binary
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Many non-lawyers instinctively recoil when unelected agency bureaucrats inject hotly debated social issues into federal regulations. The common man intuitively understands what agencies do not—agencies need Congress’s permission before they enact regulations. Agencies have toppled Congress’s authority by a slight-of-hand called manipulative statutory interpretation. Legitimate statutory interpretation is a Nancy Drew-esque sleuthing escapade to determine…
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A Watershed Supreme Court Term Will Not Drown The Administrative State
Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still awaiting decision by month’s end, it promises to be a watershed year. Greater freedom and constitutional restoration appear to be in the offing,…
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Illinois Supreme Court Rules Monetary Bail Not Required By Bail Clause in State Constitution
In July 2023, the Illinois Supreme Court issued a much-anticipated ruling in Rowe v. Raoul, a challenge to the state’s Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.[1] The Act “dismantled and rebuilt Illinois’s statutory framework for the pretrial release of criminal defendants.” [2] In a 5-2 opinion, the Illinois Supreme Court reversed a lower court’s ruling that the Act…
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