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How State Governments Escape Consequences for Unconstitutional Covid Policies
Jenin Younescategory_listBlogs
During the Covid era, state and local governments across the nation flagrantly violated Americans’ constitutional rights for months in some cases and years in others in an ostensible effort to quell the virus’s spread. Yet, with some notable exceptions, the vast majority of bad government actors have avoided facing legal consequences by abusing the mootness…
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The President’s Prerogative Courts
Blogs
The Star Chamber. Even 383 years after its abolition, merely invoking its name brings a vague thrum of apprehension. Not a spike of fear; no, it’s nothing quite that bracing. More of a distantly remembered wrongness, a subliminal but constant worry that the ground might shift—without warning, without reason, without recourse. And through some trick…
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Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case
The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the justices to pay some attention to the First Amendment itself. Instead, the court relied on its own weak doctrines that invited the censorship in the…
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SEC Should Cut Its Dystopian Follow-On Enforcement Proceedings
Imagine you’ve just endured a nasty lawsuit where your adversary convinces the court you deserved to be punished. Before lodging your appeal, you’re sued in a different tribunal for even more punishment—and the judge assigned to decide that new case is your erstwhile adversary. Welcome to the dystopian world of Securities and Exchange Commission “follow-on”…
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Title IX: A shield for all or a weapon against the accused?
Casey Normancategory_listBlogs
Title IX of the Education Amendments of 1972, provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. § 1681(a) (emphasis added). In short:…
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SCOTUS Must Protect The 1st Amendment. The Biden Admin Certainly Won’t
Next week, the Supreme Court will confront a government censorship operation that has no analog in American history. The justices are set to hear oral argument in Murthy v. Missouri, a First Amendment challenge to the Biden administration’s pandemic-era censorship enterprise. The New Civil Liberties Alliance, where I am litigation counsel, represents distinguished scientists whose speech…
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