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Hungry for Power, the FTC Makes Itself a Drink
In the News
The Federal Trade Commission has a well-documented history of asserting regulatory powers beyond anything granted to it by Congress. Just last year, in AMG Capital Management, LLC v. FTC, the Supreme Court unanimously rejected the Commission’s decades-long claim that it can seek equitable monetary relief, like restitution and disgorgement, in enforcement actions. The Commission recently…
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Welcome to the SEC’s ‘Hotel California’ Docket
Questioning a government lawyer earlier this month, Supreme Court Chief Justice John Roberts referenced “a series of cases that are a constellation around some fairly basic propositions” concerning agencies like the Securities and Exchange Commission and Federal Trade Commission.[1] One such proposition is that agencies should do the jobs that Congress has assigned to them.…
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How Can a Trial Be Fair When the Judge Works for the Prosecutor?
The ever-expanding administrative state has become a fourth branch of government. Unelected, unaccountable and tenure-protected bureaucrats enact most rules governing Americans’ lives—thousands of new ones every year. Seeking to aid this swelling administrative state, Congress has created in-house courts, which have taken over most regulatory enforcement cases from the judiciary. These administrative-law judges are employed…
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Court Reminds Agency That “Constant Monitoring of Your Every Move by the Government Is Frightening to Most People”
In the News
They say that an oral argument cannot predict a case’s outcome, but NCLA’s October 5, 2022 argument in Mexican Gulf v. U.S. Department of Commerce may prove to be an exception to that advice. There, a Fifth Circuit panel comprised of Chief Judge Richman and Judges Elrod and Oldham expressed deep skepticism at a…
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The Orange River Seen ‘Round the World - Will the EPA Finally be Held Accountable?
In the News
The headwaters of the Animas River begin in the San Juan Mountains of southwestern Colorado. The confluence of streams—Mineral Creek, Cement Creek, and the Upper Animas—define the Upper Animas River basin. The river basin contains hundreds of inactive or abandoned mines. Among them is the Gold King Mine, located on the slope of Bonita Peak.…
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The U.S. Government’s Vast New Privatized Censorship Regime
One warm weekend in October of 2020, three impeccably credentialed epidemiologists—Jayanta Bhattacharya, Sunetra Gupta, and Martin Kulldorff, of Stanford, Oxford, and Harvard Universities respectively—gathered with a few journalists, writers, and economists at an estate in the Berkshires where the American Institute for Economic Research had brought together critics of lockdowns and other COVID-related government restrictions.…
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