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  • February 18, 2025
    Legal Briefs
    FCC v. Consumers' Research
    FCC v. Consumers’ Research
    Our Founding Fathers knew that “the power to tax involves the power to destroy.”
    By Thomas A. Berry, Brent Skorup, and Charles Brandt
  • February 10, 2025
    Legal Briefs
    Spirit Aerosystems v. Paxton
    Spirit Aerosystems v. Paxton
    Texas’s “Right to Examine” statute grants the state Attorney General authority to demand immediate access to any corporate records without prior judicial review. 
    By Adam Kwon and Clark Neily
  • February 6, 2025
    Legal Briefs
    NetChoice v. Bonta
    NetChoice v. Bonta
    In September 2024, California enacted a law imposing significant restrictions on social media access. 
    By Thomas A. Berry
  • February 3, 2025
    Legal Briefs
    Diamond Alternative Energy v. EPA
    Diamond Alternative Energy v. EPA
    Overly strict applications of standing doctrine are not just inconsistent with the original meaning of the Constitution, they are also inconsistent with established precedent. 
    By Thomas A. Berry, Brent Skorup, and Christine Marsden
  • January 27, 2025
    Legal Briefs
    M.M. v. King
    M.M. v. King
    Presumptively innocent arrestees who are detained pretrial have been prevented from seeing and hugging their own children for weeks, months, or even longer—and for no bona fide penological reason.
    By Philip Mayor, Daniel Korobkin, and Clark Neily
  • January 22, 2025
    Testimony
    Restoring Immigration Enforcement in America
    Restoring Immigration Enforcement in America
    Trump’s policies endanger the rights of Americans by undermining due process and focusing on mass deportation rather than public safety.
    By David J. Bier
  • January 22, 2025
    Legal Briefs
    Burgess v. Whang
    Burgess v. Whang
    The Founding generation adopted the Seventh Amendment to prevent lawmakers from shunting Americans into specialized and jury-less courts.
    By Thomas A. Berry, Brent Skorup, and Ethan Yang
  • January 21, 2025
    Legal Briefs
    Wilson v. Midland County
    Wilson v. Midland County
    The sad irony is that, far from disabling the federal judiciary from remedying the manifest wrongs suffered by Petitioner Erma Wilson, Congress has provided a remedy for exactly that type of injury, in the form of 42 U.S.C. § 1983.
    By Clark Neily and Laura Bondank
  • January 21, 2025
    Legal Briefs
    Perttu v. Richards
    Perttu v. Richards
    Without putting the issue to a jury, the district court determined that Richards had failed to exhaust his administrative remedies and dismissed his suit.
    By Caitlyn Kinard
  • January 21, 2025
    Legal Briefs
    Bowers Development, LLC v. Oneida County Industrial Development Agency
    Bowers Development, LLC v. Oneida County Industrial Development Agency
    The Court’s holding that private “economic development” qualifies as a “public use” sufficient to authorize the use of eminent domain to take private property is deeply at odds with text and original meaning, and based on a variety of other errors. 
    By Ilya Somin and Charles Brandt
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