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Ill-Considered Decision Revives Judicial Misconduct Complaint
Richard Samp
Photo: Hon. William H. Pryor Jr., Chief Judge of the United States Court of Appeals for the Eleventh Circuit The unconstrained attack on the federal judiciary by Democratic members of Congress is in full swing. That effort was abetted last week by an ill-considered decision by the Committee on Judicial Conduct and Disability of…
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Kamala Harris’ Free Speech Task Force
In the News
After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically anti-intellectual. So it was with some hesitation that I opened a Twitter account in the fall…
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Is the SEC Warning Fiduciary Advisers Not to Tell the Truth?
Robert Fellner
The First Amendment famously declares that Congress shall pass no law abridging the freedom of speech, so why is the Securities and Exchange Commission (SEC) discouraging fiduciary investment advisers from accurately disclosing their fiduciary status to clients? There are two main categories of financial professionals regulated by the SEC: stockbrokers and investment advisers. Brokers…
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West Virginia v. EPA – Mouseholes and Major Questions
Casey Norman
On June 30, 2022, the Supreme Court issued its ruling in West Virginia v. Environmental Protection Agency, a case concerning the breadth of the Environmental Protection Agency’s authority under the Clean Power Plan—a regulation promulgated under the Obama administration to limit the carbon dioxide emissions of existing coal- and gas-fired power plants. No. 20-1530,…
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Non-Delegation Doctrine 101
David Ahnen
The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.…
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The Other Cause of Congressional Inaction
Max Alter
Many Americans can tell you that Congress has been unable to pass laws because Republicans and Democrats disagree on the issues. For a bill to pass in the Senate, effectively 60 out of the 100 Senators must vote in favor of it because of a procedure called the filibuster, which allows 41 Senators to…
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