Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. But the federal government cannot seize property if the requisite statutory authority exceeds Congress’s enumerated powers. Part III will extend this analysis to the Trump…

The Federalist is being accused of unlawful labor practices over co-founder Ben Domenech’s tweet discouraging employees from unionizing. “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine,” Domenech tweeted on the same day that Vox Media employees walked out amid negotiations to unionize. Domenech probably…

The legal battle between radio frequency ID ear tag opponents and the USDA is back on. A previous lawsuit filed by R-CALF USA and several ranchers was dismissed after USDA reversed course on a rule that would have required cattle producers to use RFID ear tags and register their premises by 2023 if they transport…

Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6, the court authorized R-CALF USA and the ranchers to file an amended…

Police body camera maker Axon Enterprises sparred with the Federal Trade Commission on Wednesday during a hearing held over the phone before an Arizona federal judge over whether the court can hear Axon’s constitutional challenge of the agency’s structure and merger review process. U.S. District Judge Dominic W. Lanza issued a tentative ruling March 10…

The New Civil Liberties Alliance has thrown its weight behind a constitutional challenge to the Federal Trade Commission’s in-house enforcement process, backing body camera maker Axon’s battle in Arizona federal court over an ongoing administrative merger review. The nonprofit law firm, which is led by conservative legal scholar Philip Hamburger, fired off a brief in…