How can courts fulfill their duty to interpret the law? Stop ceding their power to unelected bureaucrats

January 12, 2022 | By DUNCAN SCHROEDER

Under our constitutional system, which separates powers among the branches of government, it is the role of the courts to interpret the meaning of the law. But since the 1940s, some courts have abdicated this duty and disturbingly deferred to unelected bureaucrats’ interpretation of the law. When “judicial deference” occurs, and c ...


New documents covered in The Wall Street Journal show the ugliness of racial preferences in school admissions

January 11, 2022 | By KATHY HOEKSTRA

 In his piece “An Ugly Game of Race Preferences,” Wall Street Journal columnist William McGurn describes the thrust of federal lawsuits challenging the admissions policies at Harvard University and at Thomas Jefferson High School for Science and Technology in Fairfax County, Virginia:  “The allegation in both cases is the same: ...


The Hill : Congressional action shows OSHA vaccine mandate is a bald-faced power grab

January 10, 2022 | By TODD GAZIANO

Presidents of both parties wrongly have expanded the unilateral executive policy playbook, but President Biden and House Speaker Nancy Pelosi (D-Calif.) are still teaching a master class in unaccountable and undemocratic government with respect to the Occupational Safety and Health Administration’s private employer vaccine mandate. While most ...


The Inconvenient Minority

January 05, 2022 | By BRITTANY HUNTER

***Editor’s note: On January 7, 2022 the Supreme Court will decide whether or not they hear the case Students for Fair Admissions v. Harvard, which deals with Harvard discriminating against Asian applicants during the admissions process. This article is featured in the winter edition of our quarterly magazine Sword&Scales. ~~~ Historicall ...


The Hill : The FTC’s rebellion against the judiciary

January 03, 2022 | By CALEB KRUCKENBERG

The Federal Trade Commission (FTC) must be held accountable for its open defiance of the Supreme Court’s directives. For decades, the FTC relied on a statute authorizing “permanent injunctions” to obtain monetary fines. That always seemed strange. After all, neighboring sections of the law allow the commission to seek limited mone ...