Articles

How a Kansas fireworks company sparked a challenge against an abusive federal regulator

December 30, 2024 | By OLIVER DUNFORD

In every state except Massachusetts, at least some types of fireworks are legal. As you prepare for your New Year's Eve celebrations, however explosive, pour one out for the quarantined fireworks that are supposedly prohibited under a peculiar federal regulation, a challenge to which has taken a family-owned business all the way to the doors of the ...

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The CFR : A 190,000-page monument to executive overreach

December 20, 2024 | By MITCHELL SCACCHI

We've heard a lot about draining the swamp over the past eight years, from President-elect Donald Trump when he first landed on the national stage and now, from the dual heads of his new Department of Government Efficiency (DOGE), Elon Musk and Vivek Ramaswamy. But what does that actually mean and entail? In short, draining the swamp should mean ...

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TikTok’s time’s up?

December 20, 2024 | By ANASTASIA BODEN

Happy Holidays! My gift to you is this incredibly informative (and perfectly charming) newsletter summing up the past two weeks at the Supreme Court.  TikTok time's up?  The Court announced yesterday that it will hear arguments in TikTok's challenge to a law requiring its China-based parent company to either sell the social media platform or ...

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Impact of the Sheetz victory is highlighted in new NY case

December 18, 2024 | By BRITTANY HUNTER

In one of the first legislative exactions opinions issued since the U.S. Supreme Court decided Sheetz v. County of El Dorado, the New York Supreme Court's Appellate Division just struck down a provision of New York City's rezoning plan that would have imposed "Arts Fund" fees on certain landowners. New York's SoHo and NoHo districts have long be ...

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The Oregonian : Oregon’s antiquated laws block needed health services

December 18, 2024 | By JAIMIE CAVANAUGH

Health care shortages are a nationwide problem, but they are particularly concerning in Oregon – the state with the second fewest hospital beds and second fewest rehabilitation beds per capita. This problem didn't pop up overnight. Instead, Oregon's "certificate of need" laws have been restricting growth for decades, leaving Oregonians witho ...

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Victory for small North Dakota township after Fish & Wildlife Service backs down

December 16, 2024 | By BRITTANY HUNTER

Good news for North Dakota's Northland Township this month, as it appears its case against the federal government will come to an end before it even began. Represented by Pacific Legal Foundation, the small town of just 56 people was gearing up to take on the U.S. Fish & Wildlife Service (FWS) over its regulatory abuse of what is known as a "pr ...

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Will the Supreme Court finally address the private nondelegation doctrine?

December 15, 2024 | By FRANK GARRISON

The Supreme Court is poised to tackle a key separation of powers issue this term: Can Congress delegate significant policymaking and enforcement power to private entities? Three circuit courts have reached divergent conclusions over the issue in cases challenging the Horseracing Integrity and Safety Act. After decades of confusion about the limits ...

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Supreme Court vaping case is about the regulatory process

December 13, 2024 | By NICOLE W.C. YEATMAN

You don't have to be a fan of flavored vapes to find the White Lion case, argued on December 2 at the Supreme Court, a fascinating example of a company struggling against an opaque and changing regulatory process.  The Family Smoking Prevention and Tobacco Control Act, passed in 2009 under President Barack Obama, gives the Food and Drug Adminis ...

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Illinois family battles state’s race-based scholarship

December 13, 2024 | By SAMANTHA ROMERO

For many, going to college is a rite of passage—a step toward opportunity and realizing the American dream. College is where students meet like-minded peers, experience life away from home, and begin to find their place and purpose in the world. But if sky-high tuition and housing costs weren't already significant barriers for many prospective st ...