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A Consent Decree for Freedom of Speech
The plaintiffs in Missouri v. Biden have won and received a court order vindicating their free speech rights. The dire predictions after the Supreme Court found insufficient standing to support a preliminary injunction in Murthy v. Missouri have failed to materialize. On March 25, the district court in Louisiana signed a consent decree in Missouri v. Biden admitting that the government…
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Griggs Must Go
Blogs
Defenders of the Constitution were thrilled when Loper Bright/Relentless eviscerated Chevron deference in 2024. No longer may courts defer to an agency’s “permissible” interpretation of a statute. As Chief Justice Roberts summed it up: “In the business of statutory interpretation, if it is not the best, it is not permissible.”[1] Chevron’s demise struck a mighty…
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The Best Gift for America’s 250th Birthday — a Revitalized Nondelegation Doctrine
This July 4th, the United States will celebrate its 250th birthday. Out of the many reasons Americans owe gratitude to our Founding Fathers, the Constitution is at the top of the list. Shamefully, one constitutional principle that has been left dusty, neglected and misunderstood for the last century is the nondelegation doctrine. Nondelegation is as…
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Orwellian Doublespeak Persists in the National Security Establishment
Blogs
Despite efforts to stop Administrative State censorship, the U.S. national security establishment continues to invite opportunities to further its reprehensible record of censoring speech from Americans with viewpoints disfavored by the regime in charge. In the name of fighting “foreign malign influence”—an ambiguous concept so broad it encompasses nearly everything, without actually meaning anything—the national…
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Agencies taking power Congress never gave them
There is no better time in recent history to be practicing constitutional law than now. And the best soil for that rewarding work is administrative law. For over eight decades, perhaps longer, we have witnessed the rise and rise of the Administrative State, as scholar Gary Lawson describes it, a fourth branch of government that…
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Disparate impact discrimination liability built on ‘foundation of sand’ is crumbling
The Fair Housing Act (FHA) and other civil rights legislation prohibit intentional discrimination, i.e., discrimination that occurs “because of” someone’s race, sex and other characteristics. Disparate impact discrimination, conversely, results when a facially neutral practice has a disproportionately negative effect on protected classes of people, so long as the resulting disparity among classes is unintentional.…
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