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A Watershed Supreme Court Term Will Not Drown The Administrative State
Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still awaiting decision by month’s end, it promises to be a watershed year. Greater freedom and constitutional restoration appear to be in the offing,…
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Illinois Supreme Court Rules Monetary Bail Not Required By Bail Clause in State Constitution
In July 2023, the Illinois Supreme Court issued a much-anticipated ruling in Rowe v. Raoul, a challenge to the state’s Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.[1] The Act “dismantled and rebuilt Illinois’s statutory framework for the pretrial release of criminal defendants.” [2] In a 5-2 opinion, the Illinois Supreme Court reversed a lower court’s ruling that the Act…
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Give Me Liberty, or Give Me…Whatever EPA Wants
Blogs
According to the Supreme Court, “[d]eciding what competing values will or will not be sacrificed to the achievement of a particular [governmental] objective is the very essence of legislative choice[.]” So if Congress passes a law, but leaves that decision to an administrative agency, is the agency legislating in violation of the constitutional mandate that…
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The First Amendment’s Forgotten Protection: The Right to Receive Information
Blogs
People often lament, “well, we didn’t know about that back then.” Is this a product of ignorance or merely a product of selective publication of information? After NCLA clients Dr. Jay Bhattacharya, Dr. Martin Kulldorff, Dr. Aaron Kheriaty, Jill Hines, and their co-plaintiffs uncovered the egregious partnership of social media companies and the government in Murthy…
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What doesn’t the SEC want Volkswagen shareholders to know?
When the Securities and Exchange Commission charged Volkswagen with fraud five years ago, the company emphatically disputed the charges as “legally and factually flawed” while assuring shareholders it would “vigorously” contest them. Fast forward to 2024. The SEC and Volkswagen jointly told the court last month that the company has agreed to pay $48 million to settle all charges. The…
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How State Governments Escape Consequences for Unconstitutional Covid Policies
Jenin Younescategory_listBlogs
During the Covid era, state and local governments across the nation flagrantly violated Americans’ constitutional rights for months in some cases and years in others in an ostensible effort to quell the virus’s spread. Yet, with some notable exceptions, the vast majority of bad government actors have avoided facing legal consequences by abusing the mootness…
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