Written by Mark Chenoweth America has a due process problem. Whether one considers the contentious recent Supreme Court confirmation hearing, Title IX proceedings on college campuses, or federal agency hearings in front of administrative law judges, this country is in danger of forgetting about the Bill of Rights and why due process matters. Rights violations…

Philip Hamburger Maurice & Hilda Friedman Professor of Law, Columbia Law School “Whither Chevron?1 For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it.2 It was inevitable that someone would stand up in defense of that doctrine, and I am glad…

Written by Peggy Little Justice Kagan’s succinct opinion in Lucia v. SEC sent shockwaves through the secretive world of administrative law judging and will have wide-ranging effects. And, it has a surprise ending ordering a retrial: “And we add today one thing more.  That official cannot be…(Cameron) Elliot, even if he has by now received…

“Every book that Columbia law professor Philip Hamburger writes changes discourse on a subject. The author of Separation of Church and State, Law and Judicial Duty, and the award-winning and Supreme Court cited Is Administrative Law Unlawful? now turns his inquisitive mind to the liberal mind. He joins us to discuss his latest book Liberal Suppression. Click…

Written by Michael P. DeGrandis  In the 1996 cinematic comedy Mars Attacks, Martians destroy Congress, prompting President James Dale (played by Jack Nicholson) to reassure the country by saying, “I want the people to know that they still have two out of three branches of government working for them — and that ain’t bad!” The administrative…

Last weekend, we published an essay in the Wall Street Journal arguing that Big Tech services and platforms that function as conduits for the speech of others can constitutionally be subject to state civil-rights statutes barring viewpoint discrimination. One reason for this is that they are akin to common carriers. State antidiscrimination statutes would merely…