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Looking Ahead: October Term 2025

By: John J. Vecchione September 19, 2025
“It’s tough to make predictions, especially about the future,” a Yankee skipper informed us. And more apt for this journal, the greatest lawyer of the ancient world relates “Vetus autem illud Catonis admodum scitum est, qui mirari se aiebat quod non rideret haruspex haruspicem cum vidisset.” And if we to are follow the elder Cato’s…
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The constitution, the courts, and nationwide injunctions

By: Margot Cleveland May 12, 2025
The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather,…
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Trump’s tariffs are unconstitutional — we’re suing to end them

By: John J. Vecchione April 15, 2025
A small business in Florida is facing illegal tariffs imposed by the Trump administration on imports from China and other countries. Our organization, the New Civil Liberties Alliance, has filed a lawsuit in federal court because these tariffs are unlawful. The company is named Simplified. It was founded by CEO Emily Ley and sells premium…
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Abolish Cigie to Save the Constitution

By: John J. Vecchione March 19, 2025
The media has noted President Trump’s termination of inspectors general from more than a dozen federal agencies but has overlooked a larger threat to presidential control of the executive branch. Congress intentionally insulated the Council of the Inspectors General for Integrity and Efficiency from presidential control, essentially leaving it accountable to no one. Cigie—pronounced “Siggy”—is…
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Courts Aren’t Trampling Trump, They’re Trampling the Voters

By: Margot Cleveland February 24, 2025
“They’re not coming after me, they’re coming after you, and I’m just standing in the way.” President Trump, while varying the formulation, regularly jibes that sentiment when speaking to Americans. Mr. Trump, moreover, has never been more correct in his assessment than now. The “they,” however, is no longer Democrats, the Deep State, or even…
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The Education Department and the KKK

By: Philip Hamburger February 6, 2025
The Trump administration’s desire to dismantle the Education Department has inspired some alarm. Those panicking would do well to remember a key historical fact: One of the leading advocates of creating such a department was the Ku Klux Klan. Congress authorized today’s Education Department in 1979, transferring authority over federal education policy from the 1953…
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