Articles

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 ...

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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 ...

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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 ...

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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: ...

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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 ...

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The Hill : The parents were right

January 17, 2022 | By ERIN WILCOX

Coauthored by Asra Q. Nomani, vice president of the grassroots organization Parents Defending Education and cofounder of Coalition for TJ, which advocates for diversity and excellence at Thomas Jefferson High School for Science and Technology in Fairfax County, Va. The parents were right all along, and now they have the proof. In the fall of ̷ ...

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Issues & Insights : Cuomo’s many abuses show why the separation of powers matters

January 18, 2022 | By DANIEL ORTNER

During the COVID-19 pandemic, former New York Governor Andrew Cuomo was breathlessly heralded as “the politician of the moment” and the “authoritative voice in the crisis.” His press briefings were carried live on all major news networks and even won him an Emmy. He was seen as decisive and in charge, and he even wrote R ...

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The Hill : What Joe Biden can learn from Harry Truman’s failed steel seizure

January 24, 2022 | By ELIZABETH SLATTERY

As we head into the third year of dealing with the COVID-19 pandemic, many Americans are growing weary of the restrictions on daily life — with no end in sight. From the president of the United States all the way down to the county level, executives have taken extraordinary action in response to the pandemic. … ...

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Thomas Jefferson High School becomes an arena for the battle between parents and policy

January 24, 2022 | By JOSEPH KAST

**This article appeared in the Winter 2021 issue of Pacific Legal Foundation’s quarterly magazine, Sword&Scales**   The large auditorium was mostly empty when the Fairfax County School Board held its public hearing in May. Schools had been closed for much of the school year and Fairfax’s indoor mask mandate was still in effect. ...