Opinion
Will courts allow Congress to pass the bump stock buck?
Originally published in The Hill on April 5, 2019 Following the tragic mass shooting in Las Vegas on Oct. 1, 2017, where the assailant reportedly used firearms equipped with bump stocks, lawmakers in both parties attempted to restrict these devices legislatively, to...
Bump Stock Rule Puts Constitution In The Crosshairs
Originally published in Forbes on March 1, 2019 Speaker of the House Nancy Pelosi recently warned Republicans that if a GOP president can declare a national emergency over a wall on the southern border, the next Democrat president could declare one over gun violence....
The Hill: The SEC should listen to Sen. Cotton
Originally published in The Hill on December 17, 2019 On Tuesday Sen. Tom Cotton (R-Ark.) asked tough questions to the chairman of the Securities and Exchange Commission (SEC), Jay Clayton, during a banking committee hearing about an opaque form of regulation which...
Forbes: Will Constitutional Defects With Administrative Law Judges Collapse The SEC’s House Of Cards?
"November 30, 2018 marked an obscure but important one-year anniversary. On that date, shortly after the Solicitor General had filed a brief confessing error in the U.S. Supreme Court, the Securities and Exchange Commission sought to fix the newly exposed defects in...
Lucia sues the SEC again – challenging ALJ Constitutionality and seeking dismissal
A new lawsuit filed in federal court in California seeks to have further SEC ALJ proceedings against former IA Ray Lucia dismissed, claiming the ALJ system remains unconstitutional because judges can only be fired via the civil service system. The latest legal twist...
Wall Street Journal: How the SEC Silences Criticism
One of the strongest rules in free-speech law is that the government may not engage in “prior restraint” of speech except in extreme circumstances. Yet the Securities and Exchange Commission does so routinely. Under a rule adopted in 1972, the SEC demands that parties...
Townhall: Will the Ninth Circuit Gut a Landmark Civil Rights Case?
"Groucho Marx once resigned membership from the Friars Club quipping, “I don’t want to belong to any club that will accept me as a member.” Imagine Groucho’s dismay had the club been compelled to disclose his membership to the government! That is exactly what...
Forbes: Florida Voters Join Chevron Revolt And Strike A Blow Against Judicial Bias
What has already been a very good year for Chevron reform just got even better. By rejecting officially sanctioned judicial bias, Florida voters furthered a positive trend that has turned 2018 into the year of the Chevronrevolt. With the passage of Amendment 6, the...
Opinion: Janice Rogers Brown-The Attorney General America Needs
Written by Philip Hamburger If Jeff Sessions steps down as attorney general, who will replace him? This question is on the president’s mind, according to a recent Wall Street Journal report, and among all the persons being floated as potential replacements, one stands...
First Things: Liberal Suppression, Conversations with Mark Bauerlein
The latest installment in an ongoing interview series with senior editor Mark Bauerlein. In this episode, Mark and Philip Hamburger discuss Hamburger’s new book, Liberal Suppression. The conversation is embedded here. For your long-term convenience, follow us...