Last weekend, we published an essay in the Wall Street Journal arguing that Big Tech services and platforms that function as conduits for the speech of others can constitutionally be subject to state civil-rights statutes barring viewpoint discrimination. One reason for this is that they are akin to common carriers. State antidiscrimination statutes would merely…

Written by Caleb Kruckenberg “After decades of unchecked expansion of the administrative state, Washington finally has recognized that it has a problem. The current administration has made an earnest commitment to regulatory reform as a matter of policy. But to achieve reform beyond the whims of the current administration, now is the time to embrace more permanent limitations.”…

NCLA has taken a hard look at the rumored top contenders to replace Justice Kennedy, using exclusively the criterion of which judge is most likely to adhere to the Constitution’s constraints on the administrative state. Click here to read complete document.  

Re: Request for Information Regarding Bureau Guidance and Implementation Support, Docket No. CFPB-2018-0013 NCLA sincerely appreciates this opportunity to provide commentary on the Bureau’s past use of guidance and its invitation for suggestions as to how it can ensure that its future guidance adheres to law. Unfortunately, the Bureau’s past use of guidance has been…

Written by Philip Hamburger The Securities and Exchange Commission enjoys its prestige because of its important task in regulating the securities markets, and because it is widely assumed that it acts fairly and lawfully in prosecuting and punishing insider traders. But that venerable reputation has come under fire in recent years, and the SEC now…