George Orwell ominously warned “but if thought corrupts language, language can also corrupt thought.” In a nation premised on the ultimate rebellion, the government would never police speech to conform to one narrative, would it? Orwell’s words were not predictors of free speech’s demise, were they?   Unfortunately, like metastatic cancer, the government has indeed been…

Later this month, NCLA’s second of three cases before the Supreme Court this term will be argued, Garland v. Cargill. Like the Relentless v. Department of Commerce case heard last month, Cargill follows an all too familiar plot in the Administrative State: the evolution of a federal agency’s statutory interpretation when the agency decides it…

I’d like to talk about just one distinctive aspect of the body of law that has followed in the wake of the Supreme Court’s decision in Chevron—that it has spawned a boatload of complex and comically inscrutable doctrines. Here’s counsel for the boat Relentless at argument: “You…need a secret decoder ring to figure out what…

One of the foundational principles of the United States is that we are a country of laws, not men—a place where the lowliest of the low are subject to the same laws and rules as the most exalted and powerful. Most of us learned in our middle school civics class that whenever anyone has their…