Can a politically unaccountable government agency sanction you for a joke on Twitter that annoyed a total stranger? If you’re Ben Domenech of The Federalist and the agency is the National Labor Relations Board, the answer, for now, is yes. The case is a perfect storm of what is wrong with the administrative state in general and the…

Can a politically unaccountable government agency sanction you for a joke on Twitter that annoyed a total stranger? If you’re Ben Domenech of The Federalist and the agency is the National Labor Relations Board, the answer, for now, is yes. The case is a perfect storm of what is wrong with the administrative state in general and the…

“First one of you tries to unionize I swear I’ll send you back to the salt mine” An NLRB administrative law judge has ruled that the publisher of The Federalist website violated the NLRA when he posted a tweet on his personal Twitter account threatening to send employees “to the salt mine” if they try…

I recently posted about the states that had rejected deference in the past several years and noted that several more states were likely to reconsider deference in 2020. One state that I did not expect to see make the change was Arkansas whose state Supreme Court had as recently as 2014 had employed a highly deferential standard…

An Arizona federal court tossed a suit from police body camera and nonlethal weapon maker Axon Enterprise Inc. that challenged the Federal Trade Commission’s structure and merger review process as unconstitutional. U.S. District Judge Dominic W. Lanza on Wednesday followed up on a tentative ruling from last month and dismissed the suit, which was filed…

On April 6, 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, 2020, the court authorized R-CALF USA and the ranchers…