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Is There Any Remedy When You’re Censored?

By: Philip Hamburger February 29, 2024
It’s said that for every right there’s a remedy. Three cases before the Supreme Court will test whether that’s true for the freedom of speech. In National Rifle Association v. Vullo, a New York state official took aim at gun advocacy by threatening regulatory hassle for bankers and insurers that continued to do business with the NRA.…
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Will SCOTUS Finally Send ATF’s Bump Stock Ban Back To Congress?

By: Mark Chenoweth February 28, 2024
The U.S. Supreme Court hears oral arguments this week regarding the federal ban on bump stocks, a disturbing sequence of events that culminated in a federal agency branding hundreds of thousands of Americans as criminals without congressional action. This is one regrettable Trump-era rule that the Biden administration continues to defend enthusiastically. Though Garland v. Cargill is…
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How to Defeat the Administrative State

By: Philip Hamburger February 22, 2024
Our nation faces many problems, including moral decay, religious decline, economic malaise, and military vulnerabilities, but none of these problems are as firmly entrenched as our primary governmental problem, the administrative state. Administrative power is the executive evasion of legislative and judicial power. The Constitution establishes one mode of making law (in Congress) and one method of…
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What is the SEC so afraid of?

By: Margaret A. Little February 9, 2024
The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission, urging the Supreme Court to strike down SEC’s “Gag Rule.”
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Scuttling Chevron Will Put the Ship of State Back on a Constitutional Course

By: Mark Chenoweth January 17, 2024
Like North Atlantic squalls pounding away at the New England shoreline, judicial deference doctrines have eroded the civil liberties ordinary Americans enjoy. No one can hold back the tide, but the Supreme Court has the opportunity to stop the erosion of civil liberties in a marquee case it will hear this week. My organization, the…
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Cascade-Siskiyou National Monument expansion sparks controversy

By: Kara Rollins January 4, 2024
Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between president monument designations under the Antiquities Act and federal land management law.
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