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SEC Should Cut Its Dystopian Follow-On Enforcement Proceedings

By: Russ Ryan March 21, 2024
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”…

Title IX: A shield for all or a weapon against the accused?

By: Casey Norman March 20, 2024
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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:…

SCOTUS Must Protect The 1st Amendment. The Biden Admin Certainly Won’t

By: Jenin Younes March 18, 2024
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…

Is There Any Remedy When You’re Censored?

By: Philip Hamburger February 29, 2024
It’s said that for every right there’s a remedy. Three cases before the Supreme Court will test whether that’s true for the freedom of speech. In National Rifle Association v. Vullo, a New York state official took aim at gun advocacy by threatening regulatory hassle for bankers and insurers that continued to do business with the NRA.…

Will SCOTUS Finally Send ATF’s Bump Stock Ban Back To Congress?

By: Mark Chenoweth February 28, 2024
The U.S. Supreme Court hears oral arguments this week regarding the federal ban on bump stocks, a disturbing sequence of events that culminated in a federal agency branding hundreds of thousands of Americans as criminals without congressional action. This is one regrettable Trump-era rule that the Biden administration continues to defend enthusiastically. Though Garland v. Cargill is…

How to Defeat the Administrative State

By: Philip Hamburger February 22, 2024
Our nation faces many problems, including moral decay, religious decline, economic malaise, and military vulnerabilities, but none of these problems are as firmly entrenched as our primary governmental problem, the administrative state. Administrative power is the executive evasion of legislative and judicial power. The Constitution establishes one mode of making law (in Congress) and one method of…
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