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How Big is Big Government? Reasons Every American Should Care About the Administrative State
In the News
Author: NCLA Legal Intern Tabitha Kempf Every freshman law and policy aficionado who has spent any amount of time in the ring has almost certainly encountered lively talk about the Administrative State and its vast consequences for our nation. On one hand, there are those who defend the administrative state on account of its…
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What Do Burger King, Ford Motor Co., and NLRB Have in Common?
In the News
Can a court force you to defend yourself against a lawsuit thousands of miles away in a place where something you made, created or said just happened to end up? The Supreme Court may answer this critical question in Ford Motor Co. v. Bandemer, consolidated with Ford Motor Co. v. Montana Eighth Judicial District. In…
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Senate Judiciary Committee Supreme Court Confirmation Hearings: Two Guideposts
Adi Dynar
On November 2, 2020, Justice Amy Coney Barrett participated in her first two oral arguments as an Associate Justice of the Supreme Court of the United States. Over the next few decades, she will get to ask incisive questions during oral argument to help her decide cases that will come before the Court. Only…
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Bad Regulations Destroy Our Environment
Harriet Hageman
One fundamental problem with having agencies in Washington, DC issue thousands of regulations that apply to everyone and everywhere in the country is that there is simply no way for them to consider the thousands of ways in which their one-size-fits-all approach can go wrong. One area especially rife with peril is in the…
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Our Anti-Catholic Administrative State by Philip Hamburger
Notwithstanding the all-consuming salience of the election, two days afterward the Supreme Court will consider another fateful question in Fulton v. City of Philadelphia. On the surface, the case concerns a city commissioner’s candid animosity toward traditional Catholicism. But it also involves a much deeper problem—the systemic administrative slant against orthodox Americans. In Fulton, the commissioner of…
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An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel
John J. Vecchione
I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and AMG Capital Management, LLC et al. v. FTC, CA19-508, have been combined before the Court, and NCLA…
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