Administrative statists have floated a false narrative about the many indisputably important administrative law cases pending at the U.S. Supreme Court this term. With at least half a dozen such cases still awaiting decision by month’s end, it promises to be a watershed year. Greater freedom and constitutional restoration appear to be in the offing,…

In July 2023, the Illinois Supreme Court issued a much-anticipated ruling in Rowe v. Raoul, a challenge to the state’s Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.[1] The Act “dismantled and rebuilt Illinois’s statutory framework for the pretrial release of criminal defendants.” [2] In a 5-2 opinion, the Illinois Supreme Court reversed a lower court’s ruling that the Act…

When the Securities and Exchange Commission charged Volkswagen with fraud five years ago, the company emphatically disputed the charges as “legally and factually flawed” while assuring shareholders it would “vigorously” contest them. Fast forward to 2024. The SEC and Volkswagen jointly told the court last month that the company has agreed to pay $48 million to settle all charges. The…

The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the justices to pay some attention to the First Amendment itself. Instead, the court relied on its own weak doctrines that invited the censorship in the…

Imagine you’ve just endured a nasty lawsuit where your adversary convinces the court you deserved to be punished. Before lodging your appeal, you’re sued in a different tribunal for even more punishment—and the judge assigned to decide that new case is your erstwhile adversary. Welcome to the dystopian world of Securities and Exchange Commission “follow-on”…

Next week, the Supreme Court will confront a government censorship operation that has no analog in American history. The justices are set to hear oral argument in Murthy v. Missouri, a First Amendment challenge to the Biden administration’s pandemic-era censorship enterprise. The New Civil Liberties Alliance, where I am litigation counsel, represents distinguished scientists whose speech…