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Commentary

The Vought Decision Salvaged CFPB Funding by Skirting Loper Bright

By: Andrew Morris February 27, 2026
Blogs
Judge Amy Berman Jackson recently ruled against CFPB Director Russell Vought in an important funding dispute, National Treasury Employees Union v. Vought. Without saying so, her opinion deferred to the funding-statute interpretation championed by previous CFPB director Rohit Chopra. This stealth deference not only flouted Loper Bright’s mandate to exercise independent judgment, it exceeded even…
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Ideologically diverse coalition of justices joins textualist decision setting aside tariffs

By: Mark Chenoweth February 22, 2026
In a 2015 lecture at Harvard, Justice Elena Kagan memorably exclaimed, “We are all textualists now.” Paying a deep compliment to her then-colleague Justice Antonin Scalia, she meant that justices of various stripes all accept the idea that textualism—that is, determining the plain, ordinary and objective meaning of words at the time of enactment—is a…
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Education is Speech: A New Lens with Which to View the First Amendment

By: Kaitlyn Schiraldi February 11, 2026
Blogs
When the pandemic shuttered the world and families were trapped inside their homes, parents got to pull back the veil on their children’s education, and they did not like what they saw. A precipitous uptick in non-traditional education aligns precisely with the pandemic. For instance, in 2025, homeschooling was “nearly three times the pre-pandemic homeschooling…
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Feds Are Stealthily Violating Millions of Americans’ Fourth Amendment Rights

By: Margot Cleveland February 3, 2026
Blogs
Imagine if you will: Every week, the FBI visits the local self-storage business in your hometown and, with not even an inclination that a crime has occurred, searches the private papers and property kept inside. Or picture DEA agents on a nightly basis searching every car parked on the street in a high-crime area. Most…
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Can Congress Force Presidents to Appoint Political Adversaries to “Independent” Executive Agencies?

By: Russ Ryan January 30, 2026
Blogs
With the recent departure of Commissioner Carolyn Crenshaw as the last remaining Democrat serving on the five-member Securities and Exchange Commission—leaving only the Republican Chairman and two fellow Republican Commissioners in place—President Trump has a golden opportunity to do something quintessentially Trumpian:  appoint two more Republicans to fill the two now-empty Democrat seats. Whatever the…
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Trump Must Be Allowed to Remove Jerome Powell

By: Jacob Huebert January 28, 2026
It is outrageous for a president to threaten criminal charges against the Federal Reserve chair — or anyone — just to get them to do his bidding. Although the administration’s action against Jerome Powell over his testimony to Congress about renovation of Federal Reserve buildings might be disturbing and wrong — at least if the…
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