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Commentary

Intolerant Lawyers Shouldn’t Be Judges

By: Philip Hamburger February 9, 2022
In the News
What should be done about law-school deans and others in legal institutions who censor, cancel, blacklist, refuse to hire, fire, “investigate” and otherwise threaten others for their opinions? A partial answer lies in reminding them that their misconduct may disqualify them from ever sitting on the bench. At one point or another, most lawyers dream…
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Madness and Recovery: Dr. Skoly in Court

February 4, 2022
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?

By: Kara Rollins January 27, 2022
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

January 21, 2022
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

By: Philip Hamburger January 19, 2022
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

By: Philip Hamburger January 18, 2022
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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