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Patently Unjust: How the Patent and Trademark Office Is Attempting to Limit Criticism of the Government
Blogs
When Senator Marco Rubio quipped during a 2016 rally held in Salem, Virginia, that former President Donald Trump had “small hands” and suggested, “you know what they say about people with small hands,” very few Americans thought this interaction would make or break the democracy they have come to cherish. Yet these words, echoed in…
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Free Speech on the Fourth of July
On the Fourth of July, a preliminary injunction issued against the government protecting the rights of all Americans to enter and be heard in the modern public square that is social media without government interference. Judge Terry A. Doughty, in Missouri v. Biden, issued an order and an opinion preventing the administration from “urging, encouraging, pressuring,…
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Court’s Student-Loan Decision Is Not Legally Controversial
The Supreme Court typically waits until the end of a term before releasing its most impactful and controversial decisions. This term’s final decision was Biden v. Nebraska, which held that President Biden lacks authority to spend half a trillion dollars to cancel federal student-loan debt. The decision was undoubtedly impactful — it stopped a program that…
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Nondelegation v. Equal Protection: How Emotional Resonance Guides the Court’s Attention
Blogs
Not all constitutional violations invite the same degree of condemnation from the bench. Some cases have the benefit not only of a sympathetic party and fact pattern but of an emotionally appealing constitutional issue, which the justices of the Supreme Court are eager to address. Other cases, by contrast, raise issues that are no less…
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A Key Ruling Against Social-Media Censorship
This July Fourth there was special reason to celebrate. Judge Terry Doughty issued a preliminary injunction in Missouri v. Biden, which stands to become one of the most important free-speech cases in the nation’s history. At stake is the federal government’s use of social-media platforms to censor Americans. Officials kept most of their censorship regime secret through two election…
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The SEC’s Bleak House of Cards: Some Reflections on Jarkesy v. SEC and Judicial Doctrine
The SEC’S Bleak House of Cards Some Reflections on Jarkesy v. SEC and Judicial Doctrine
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