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In ‘Over Ruled,’ Justice Gorsuch Tells of the Folly of the Administrative State
Books by Supreme Court justices usually focus on constitutional doctrine—on judicial interpretations of the Constitution. “Over Ruled: The Human Toll of Too Much Law” is, therefore, a pleasant surprise. Justice Neil Gorsuch and his former clerk Janie Nitze prioritize not legal analysis, but a series of stories about unfortunate litigants, whose experiences illuminate the dangers…
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Absolutely Scary: How Cross-Deputization Allows Corrupt State Officials to Enjoy Absolute Immunity
Blogs
For decades, federal law enforcement agencies, such as the U.S. Marshals Service, the FBI, and the DEA, have been in the practice of deputizing state and local law enforcement officers as federal agents to serve on joint state-federal task forces. The stated purpose of these joint task forces is to combine resources to combat issues…
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The ‘Always Done It This Way’ Defense: Why Government Agencies Can't Just Coast on Autopilot
Blogs
When a government agency defends its actions by saying, “But we’ve always done it this way,” it’s worth taking a closer look. This argument is a common theme in the government’s response to legal challenges against agency actions. However, it doesn’t hold as much legal weight as one might think. Longevity and repetition alone don’t…
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Corner Post, Inc. v. Board of Governors: A Major Readjustment for APA Claims
Blogs
True to form, the Supreme Court saved one of its most important decisions for the final opinion day of the 2023 Term. On July 1, 2024, the Court handed down its opinion in Corner Post, Inc. v. Board of Governors. The cries of anguish from supporters of the administrative state were only eclipsed by the…
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Post-Jarkesy, Should SEC Refund Its Ill-Gotten Penalties?
Blogs
In a post last year on this blog, I noted the irony and unfairness of allowing federal agencies to keep millions (if not billions) of dollars they had illegally confiscated from private citizens based on claims that those private citizens had previously obtained those funds through their own wrongdoing. In particular, I noted recent Supreme…
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SEC Ignores Its Own Goals in Trying to Require Disclosures of Climate-Related Information
Blogs
In 1934, Congress established the SEC and gave it a three-part mission: (1) to protect investors, (2) to maintain fair, orderly, and efficient markets, and (3) to facilitate capital formation. However, in March, the SEC adopted a final rule requiring public companies to disclose various levels of climate information including, among many other categories, “any…
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