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The New York Times is Wrong—We Don’t Need Another Agency to Fight Pandemics
Jessica Thompsoncategory_listCovid-19 Articles
It’s axiomatic that in time of crisis, government tends to grow. We applaud people who respond to a crisis by helping those affected and taking actions to prevent further harm. But for some, the inclination to “do something” in response to a crisis takes the shape of a plan that cedes more power to the…
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How My Joke on Twitter Became a Federal Case
I’m under federal investigation for making a joke on Twitter. In June 2019, employees at the left-liberal Vox Media Inc. walked off the job demanding a new collective bargaining agreement. As the publisher of a conservative website, the Federalist, I found the clash ironic. I tweeted: “FYI @fdrlst first one of you tries to unionize I…
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Letter to the City of Daytona Beach Police Department: Unlawful Use of Unmanned Drones
In the News
Re: Unlawful Use of Unmanned Drones NCLA submits the following letter urging the City of Daytona Beach Police Department to immediately cease its use of unmanned drones to monitor the temperatures of its residents for signs of fever. This practice violates clear constitutional limits and is an affront to the privacy of innocent members of…
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Administrative Agency “Excursions” Are Not OK in Arizona
Adi Dynar
The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a clean path to present nondelegation and separation-of-powers challenges under the Arizona Constitution.…
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Disgorging an Unwarranted Seizure of Power in the Ninth Circuit
John J. Vecchione
“L’audace, l’audace, toujours l’audace” was the famous watchword of Napoleon, later adopted by Patton, to describe their belief in attack over defense. The French phrase meaning “Audacity, Audacity always Audacity” is becoming the slogan of more than one firm embroiled in conflict with the Federal Trade Commission (“FTC”). We previously wrote about the Axon…
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The CFTC Velociraptor Has Escaped the Fence That Dodd–Frank Built to Contain It
Like the velociraptors testing the perimeter of their enclosure in Jurassic Park, the Commodity Futures Trading Commission (CFTC) has begun probing the weaknesses in the statute that is supposed to fence the agency’s authority. The case of Monex Deposit Company v. CFTC gives the Supreme Court a chance to keep one such fence-testing effort contained. (Louis Carabini, the…
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