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Madness and Recovery: Dr. Skoly in Court
Brian Rosner
Photo: Plaintiff Dr. Stephen Skoly “[People] it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, one by one.” ― Charles MacKay, Extraordinary Popular Delusions and the Madness of Crowds (1841) Proving the truth about going “mad,” Rhode Island, in response to…
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Acquitted Conduct and Sentencing Enhancements: Is a Change in Supreme Court Precedent Near?
Kara Rollins
It seems logical that a person acquitted of a crime cannot, and should not, serve time for that crime, but on the federal level, and in many states, that is not always the case. In criminal cases, an acquittal means that the government has failed to prove an essential element of its case “beyond…
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First Amendment Claimants Deserve Their Day in Court
Richard Samp
Photo: U.S. Senator Ted Cruz speaking with attendeesat the 2019 Teen Student Action Summit in Washington, D.C./Gage Skidmore McCain-Feingold, the campaign-finance legislation adopted by Congress in 2002, includes several provisions (known collectively as “the Millionaires’ Amendment”) designed to protect incumbent members of Congress facing very wealthy challengers. Among the provisions is one that limits a…
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The Federal Contractor Vaccine Mandate Is Unlawful, Too
In the News
Any statute in a storm appears to be the Biden administration’s approach to imposing a vaccine mandate. The Procurement Act of 1949 was created “to provide the Federal Government with an economical and efficient system for” procurement. Like the OSHA statute that the U.S. Supreme Court just held does not authorize a nationwide vaccine-or-test mandate,…
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Mandates Are About Political Control, Not Health
In the News
For two years, the political class’s ineptitude has been on full display. School shutdowns, business closures, and endless mask mandates have all proven relatively ineffective at stemming the spread of COVID-19 (never mind reducing hospitalizations and deaths), yet politicians continued instituting these harmful and useless measures in a desperate attempt to be perceived as doing…
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Before Judging Vaccines, the Court Should Judge Itself
In the News
The Biden administration has imposed COVID-19 vaccinations on all healthcare workers at Medicare and Medicaid participating facilities as a condition of federal funding. When this condition came before the Supreme Court last Friday in Biden v. Missouri, the justices aptly inquired whether it departed from the Constitution. But they should have also considered their own departures from the Constitution. They then…
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