Media Room
Commentary
Post Search
The Troubling Administrative-Law Implications of the 2020 Census Case
Adi Dynar
Photo by Quinn Dombrowski, Rights ReservedPeople across the political spectrum have strong opinions about whether it is a good idea to include a citizenship question on the 2020 short-form census. This blog post expresses no opinion on whether that is a good or a bad idea. Instead, it highlights some of the troubling aspects of the Supreme…
Read
Chief Justice Roberts Is Dead Wrong About Auer Deference
In the News
Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the distance between the majority and Justice Gorsuch is not as great as it may initially appear.” Roberts is dead wrong, and…
Read
The Constitution Protects You Even if You Don’t Know It
Caleb Kruckenberg
The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last 50 years trying to work some sort of privacy…
Read
Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages
In the News
Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverage; Docket No. TTB-2018-0007 While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly burdensome regulatory system, the Labeling Rule fails to address two principal defects in the Bureau’s COLA scheme. First, at its…
Read
How Chilling Brewers’ Free Speech Puts the First Amendment on Ice
Michael P. DeGrandis
I’ve got a great idea. Go out and get yourself an Atlas Brew Works Blood Orange Gose (I had one while moderating our free speech event yesterday—it’s delicious!), come back to this blog, and click here to listen to NCLA’s Lunch & Law event (Happy Hour Edition, thanks to the subject matter). You’ll have a tough time deciding which…
Read
Unless Fixed Now, Ninth Circuit Case Granting Immunity For Police Theft Will Prove Hard To Unwind
In the News
Wide consequences will stem from the U.S. Court of Appeals for the Ninth Circuit’s recent decision granting qualified immunity to several Fresno, California police officers sued for theft. These consequences will prove hard to unwind unless the court—as it should—rehears the case en banc and fixes it now. Imagine that a police officer, in the…
Read
Media Team
