John Roberts’s opinion of the Court in Jarkesy correctly describes its application of law as “straightforward question.” It follows clear precedent (Granfinanciera “decides this case”), distingiuishes irrelevant precedent (Atlas Roofing), and admirably confines the erroneous expansion of the “public rights” doctrine to its narrow origins so that it no longer would be the exception that…

Just in time for America’s 248th birthday, Chief Justice John Roberts has gifted our nation two landmark decisions that turn the tables on unlawful administrative power and turn the tide toward liberty. These cases do more to save Americans from being dominated by bureaucratic overlords than anything else the Court has done in at least half…

Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history. (I must confess a personal interest in all…

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…