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Peaceable Assembly: Accept No Substitute
In the News
Aristotle told us that humans are social animals—interaction with each other is essential to our wellbeing. Technology has enabled us to communicate with family, friends, and associates cheaply, easily, and instantaneously around the globe, which is great. But FaceTime is not a substitute for gathering together, face-to-face in the same place and at the same…
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The First Amendment Doesn’t Protect Big Tech’s Censorship
In the News
Does the Constitution require Americans to accept Big Tech censorship? The claim is counterintuitive but the logic is clear: If you submit a letter to this newspaper, the editors have no legal obligation to publish it, and a statute requiring them to do so would be struck down as a violation of the Journal’s First…
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Justice Kagan and Stare Decisis
Richard Samp
Supreme Court Justice Elena Kagan has staked out a position for herself as the Supreme Court’s foremost defender of stare decisis. That doctrine holds that today’s Court ought to stand by yesterday’s decisions. Respecting stare decisis sometimes means sticking to wrong decisions, because, as Justice Brandeis famously explained, it is usually “more important that…
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Courts Grant NJ Gov. Murphy Blank Check on “Emergencies”
In the News
The Appellate Division of the New Jersey Superior Court just gave Gov. Phil Murphy a blank check to make law through executive orders anytime there are signs of an economic downturn approaching. In Kravitz v. Murphy, the court ruled New Jersey’s Disaster Control Act—a statute passed during World War II that authorizes the governor to…
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The Eleventh Circuit Helped Cement the Judiciary’s COVID Legacy in NCLA’s Challenge to the CDC Eviction Moratorium
Jared McClaincategory_listCovid-19 Articles
Last week, a panel for the Eleventh Circuit in Brown v. Secretary of HHS determined that the U.S. Center for Disease Control likely lacked any power to issue its nationwide eviction moratorium, but two of the three judges still refused to block CDC’s unlawful order. The panel’s decision has the feel of a court…
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Deference Disregards Duty
Nathaniel Lawson
Deference is ubiquitous in modern administrative law. Chevron, U.S.A., Inc. v. NRDC, Inc. is the most cited case in administrative law and one of the most cited Supreme Court cases in history, having been cited in more than 17,428 cases and 12,879 law review articles as of June 28, 2021. Many types of judicial…
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