Articles

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 monetary penalties, ...

***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. ~~~ Histor ...

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 news ...

 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 schools want ...

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 courts abandon t ...

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 ...

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 a bestselling book highlighti ...

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. Now, with calls to treat everything f ...

**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. Seven b ...