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Schrödinger’s Cat, Jurisdiction, and Missouri v. Biden
Blogs
Missouri v. Biden was one of the premier free speech cases at the Supreme Court last term. The Supreme Court dissolved the injunction against various Government agencies from silencing Americans with which it disagreed on such things as forced vaccination, the efficacy of vaccines, whether Hunter Biden’s laptop left in a repair shop was actually…
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The Golden Age of Jury Trial Rights?
Blogs
Earlier this year, the Supreme Court decided two significant cases regarding jury trial rights—Erlinger v. United States and SEC v. Jarkesy. Even though these cases arose under different amendments, Erlinger under the Sixth Amendment, guaranteeing the right to a jury trial “in all criminal proceedings[,]” and Jarkesy under the Seventh Amendment, guaranteeing the right to…
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ALJs: Unnatural Law Judges
Blogs
Core to American democracy is John Locke’s insight that the purpose of government is to preserve the people’s natural rights to life, liberty, and property. To accomplish this goal, a government must provide a “known and indifferent judge, with authority to determine all differences according to the established Law.” Locke specifically warned that “for every…
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The Supreme Court’s Corner Post Ruling: Restoring Justice Where It’s Due
Blogs
The Supreme Court deserves some additional praise for its decision resolving a circuit split on a fine point of administrative law in Corner Post from its most recent term. Without acknowledging as much, the majority in Corner Post affirmed an elementary proposition of moral and legal justice that had fallen by the wayside. In one…
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EPA and the AIM Act: The Very Definition of Tyranny
Blogs
As James Madison famously observed, “[t]he accumulation of all powers legislative, executive, and judiciary in the same hands, whether one, a few or many, … may justly be pronounced the very definition of tyranny.” Federalist No. 47. Using that definition, the Environmental Protection Agency (“EPA”) is a tyrant, due in part to the poorly crafted…
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Big Government’s License to Kill Space Travel
Something strange is intercepting our trajectory into space. The obstacle isn’t space debris, old satellites, or meteors. Rather, it’s licensing. The Federal Aviation Administration (FAA) has not yet granted a license for the launch of Elon Musk’s SpaceX Starship, and even the Fish and Wildlife Service is still evaluating whether to permit it. Licensing is thus…
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