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En Banc 5th Circuit Majority: Ordering Deletion Of Union Tweet Violated Constitution

October 29, 2024
A post on social media by the CEO of Tesla Inc. regarding the loss of stock options if workers unionized did not violate the National Labor Relations Act (NLRA), a split en banc FIfth Circuit U.S. Court of Appeals ruled in a per curiam opinion, vacating an order by the National Labor Relations Board and…
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SCOTUS Petitioner Says Newman’s Absence from the CAFC Deprived It of a Fair Shot in Eligibility Case

October 23, 2024
A recent petition to the U.S. Supreme Court urges the Justices to take up the question of whether Judge Pauline Newman’s effective removal from the court by her peers is constitutional. It further questions “whether such an act undermines the impartiality and integrity of patent appeals adjudication by depriving the patent owner of a fair hearing before a duly…
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In honor of Free Speech Week, end all regulatory gag orders

October 23, 2024
… Among the 40+ agencies with ALCs and 50+ adjudicating bodies in the federal government, the SEC and CFTC are the only two known entities that can gag its opponents. The SEC’s tendency to issue gag orders is so unpopular that even prominent billionaires like Elon Musk and Mark Cuban have denounced them as unfair…
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Justices Told Newman's Suspension Preventing Fair Hearings

October 21, 2024
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman…
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New SEC database violates privacy and freedom of association

October 13, 2024
The Securities and Exchange Commission is collecting personal information about the buyers and sellers of every single stock trade in the United States and is holding that information for the perusal of thousands of bureaucrats and any hacker who is able to break into the database. This database, called the Consolidated Audit Trail, collects information such as the buyer’s and seller’s address, date…
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Attacks on Agency In-House Judges Heat Up, Blunting Enforcement

October 8, 2024
… For companies and individuals defending against agency enforcement actions, the harm can be “very real and very personal,” said Kara Rollins, an attorney with New Civil Liberties Alliance, a legal advocacy group that’s frequently involved in suing the federal government. “There’s something deeply insulting in an agency moving forward when constitutional violations are actively…
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