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Publisher says NLRB's 'Scabby' ruling applies to 'salt mine' tweet
January 1, 1970
The publisher of conservative online magazine The Federalist has told a U.S. appeals court that a recent National Labor Relations Board decision endorsing unions' use of "Scabby the Rat" during pickets should also apply to a satirical tweet threatening to send employees "to the salt mine" if they unionized. Read…
Just Like Global Warming, Powerful People Aren’t Actually Scared of the Virus. I Have Proof.
January 1, 1970
A federal judge sentenced self-styled bad boy David Lesh to $10,000 in fines and 160 hours of useful public service Wednesday for his conviction on two petty offenses for illegally riding a snowmobile at a Keystone terrain park in April 2020... Read the full article
SCOTUS Considers Upending Legal Shield for Administrative State
January 1, 1970
...The libertarian Cato Institute filed a lawsuit to stop President Joe Biden’s student loan bailout with the help of the New Civil Liberties Alliance. The cost of the bailout has been estimated at around $400 billion. The federal lawsuit argues that Biden’s student debt cancellation plan will put the think tank at a…
Administrative Agency “Excursions” Are Not OK in Arizona
January 1, 1970
The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a clean path to present nondelegation and separation-of-powers…
Deference in a Pandemic
January 1, 1970
As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was worth nearly $2 trillion, the largest in American history.…
U.S. Department of Education Formally Comes Out Against Constitutional Rights
January 1, 1970
It is a scary time to be on college campuses and not just because of COVID-19. In the last decade the U.S. Department of Education has prioritized the micromanagement of campus disciplinary procedures for students and faculty accused of sexual harassment. Despite having no business telling schools how to properly…
James Madison University’s Title IX Investigation Deprives Due Process Rights
January 1, 1970
One day you’re an esteemed, award-winning faculty member at James Madison University (JMU). The next, your life has been upended due to a Title IX complaint lodged over a bad breakup. This is what happened to Alyssa Reid. NCLA recently published a video detailing her experience. Alyssa Reid began her…
Proposed Legislation Would Ban Vital Procedure
January 1, 1970
So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in – what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother – the combination did the trick. The Open Society has, to use Karl…
Non-Delegation Doctrine 101
January 1, 1970
The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among…
Amicus Brief: American Honda Motor Co., Inc. v. Walther, Dir., and Arkansas Department of Finance and Administration
January 1, 1970
NCLA asks the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case. Granting “great deference” to an agency’s statutory interpretations violates both the state and federal Constitutions because it requires judges to…