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The Problem with “Percolation”
April 22, 2021
In Federalist Number 78 Alexander Hamilton wrote about the importance of not only an independent judiciary, but one that had the courage to protect liberty. Judges, he said, have a “duty” “to declare all acts contrary to the manifest tenor of the Constitution void.” Without judges willing to do…
Supreme Court Rolls Back FTC Restitution Power
April 22, 2021
The U.S. Supreme Court on Thursday gutted the Federal Trade Commission's power to seek federal court orders forcing bad marketplace actors to pay restitution, shutting down a critical tool the FTC uses to recover money from scammers and antitrust violators. In a unanimous opinion written by Justice Stephen G. Breyer,…
Corey Friedman: A Comeback for Campus Kangaroo Courts?
April 21, 2021
Whether or not Mukund Vengalattore dated a graduate student under his supervision, Cornell University failed him and his accuser when it, as Vengalattore says, passed judgment without properly investigating the claim. After the grad student filed a 2014 sexual misconduct complaint against Vengalattore, an atomic physicist and tenure-track College of Arts and…
Crypto User Appeals Dismissal of Suit Over IRS Records Grab
April 20, 2021
A man whose cryptocurrency records were seized through an IRS summons is appealing a ruling that dismissed his lawsuit without addressing his core claims. James Harper argued that the John Doe summons—which demands information from a third party about an unnamed taxpayer’s potential tax liability—violated his constitutional rights to privacy…
The History of Court-Packing
April 20, 2021
NCLA's Senior Litigation Counsel John Vecchione joins the "Thom Hartmann Program" on SiriusXM Progress 127 to debate the recent proposals to change the number of Supreme Court Justices and the history of court-packing. Key points: • For 150 years, we have had nine members of the Supreme Court. That number…
Lawsuits Threaten Future Of CDC Eviction Moratorium
April 19, 2021
The wave of litigation challenging the eviction moratorium issued by the U.S. Centers for Disease Control and Prevention is resulting in disparate rulings across the country, prompting divergent applications and casting uncertainty on the moratorium's future. The temporary halt to residential evictions, which protects renters from eviction and keeps them out…
The Court-Packing Bill and Biden’s SCOTUS Commission Are Weapons to Intimidate Current Justices
April 16, 2021
NCLA's Senior Litigation Counsel John Vecchione joins Steve Gruber’s “The Voice of Reason” on WJIM to discuss the recent court-packing proposals. Key takeaways: • The court-packing bill has an intimidating effect on the current justices. Even if the bill goes nowhere, it is still an intimidation tactic to make the…