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The Supreme Court and Minnesota’s Welfare Fraud
Many individuals deserve blame for Minnesota’s welfare fraud, but a key underlying failure is institutional. Federal funding of state programs creates a dangerous moral hazard. Washington provides money, but the state controls its disbursement. When the federal government subsidizes states, it lets them spend other people’s money. And the Supreme Court has blessed it all.…
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America at 250: Restoring the Founders' Constitutional Design
Blogs
With Americans about to begin their celebration of 250 years since the country’s founding, 2026 is a ripe year to reflect on some of the longer trends in our country’s legal and political life. A recent lengthy meditation by Prof. R.J. Pestritto of Hillsdale College traces the rise of the modern administrative state to a…
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The Federal Reserve Must Be Accountable
Blogs
Next month, the Supreme Court will hear arguments in Trump v. Cook—a case about whether President Trump acted lawfully when he fired Lisa Cook, a member of the Federal Reserve Board of Governors, because he allegedly recently discovered that she lied on a mortgage application shortly before President Biden appointed her to the Board in…
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The Unintelligible-Principle Test: Crimes Without Congress
Blogs
As discussed in a prior blog, NCLA represents the plaintiffs in BASE Access, et al. v. National Park Service, et al., a constitutional challenge to the National Park Service’s (NPS) unilateral criminalization of BASE jumping—a sport that NPS has effectively outlawed across 85 million acres of public lands without any meaningful direction from Congress. In…
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When The Government Creates a “Mess”, It, Not the Victims Should Pay for It
Blogs
At the argument in Learning Resources v. Trump at the Supreme Court, Justice Barrett asked Neal Katyal, representing the challengers to the tariffs, whether the Court ruling against the administration would create “ a mess.” His response appeared to convince her that it would be, as she repeated, “a mess.” The briefing by the Government…
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Tariffs & Donuts: There Is No 'Hole' in the IEEPA
There Is No ‘Hole’ in the International Emergency Economic Powers Act (IEEPA) and the President Can’t Tax Americans Using It. In April, President Trump celebrated his decision to unilaterally impose tariffs on imported goods as “historic.” History may vindicate the president’s declaration, for it could be the first time executive overreach has been undone by a pastry…
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