Opinion

Baker usurping the role of Legislature

Baker usurping the role of Legislature

The Governor's Executive Order shutting down “non-essential” businesses and organizations has been in place since March 24. While Gov. Charlie Baker has modified the order and eased some of his restrictions, that doesn’t legitimize them. His orders are not laws passed...

read more
How My Joke on Twitter Became a Federal Case

How My Joke on Twitter Became a Federal Case

I’m under federal investigation for making a joke on Twitter. In June 2019, employees at the left-liberal Vox Media Inc. walked off the job demanding a new collective bargaining agreement. As the publisher of a conservative website, the Federalist, I found the clash...

read more
Brand X deference advances ‘administrative absolutism’

The Worst Doctrine Few Have Heard of: Brand X

Federal administrators must love Darth Vader's iconic --and ominous-- line, "I'm altering the deal. Pray I don't alter it any further." That's because the Brand X deference doctrine lets them. Deference doctrines require judges to abdicate their duty of independent...

read more
Secret Laws for the Powerful

Secret Laws for the Powerful

The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...

read more