Articles

Is eight enough? How the Supreme Court functions with only eight justices

September 30, 2020 | By MARK MILLER

In light of Justice Ruth Bader Ginsburg’s recent passing, the U.S. Supreme Court will be without a full complement of judges for the third time in the past decade—first, when Justice Antonin Scalia passed unexpectedly in 2016, next when Justice Anthony Kennedy retired, and now this time. How does the Court work when a judge … ...

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The Daily Caller : The new champion of private property rights is … Barack Obama?

September 24, 2020 | By MARK MILLER

According to recent media reports, former President Barack Obama and his longtime colleague Marty Nesbitt want a 100-year-old sea wall rebuilt and fortified to protect a planned Hawaii retreat for both of them. Cue the objections from Obama’s critics — but in this case, the critics are many of the former president’s avid supporters in ...

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Governor Cuomo’s quarantine exemption for MTV reveals problems with giving governors unchecked power during COVID-19

August 27, 2020 | By MARK MILLER

In June, due to the COVID-19 pandemic, New York Gov. Cuomo began issuing big fines—up to $10,000—against New Yorkers and New York visitors who travel out of state to COVID-19 hotspot states but refuse to quarantine for two weeks after arriving in New York. Yet despite Cuomo’s quarantine order, the state announced this week that … ...

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Townhall : Congressional and state efforts to reform doctrine of Qualified Immunity underway

August 06, 2020 | By MARK MILLER

The killing of George Floyd in Minneapolis over Memorial Day Weekend sparked protests and nationwide discussions of race, police abuse and criminal justice reform — a discussion that has yet to abate. His tragic death also renewed focus on a legal doctrine called “qualified immunity” that government bureaucrats and regulatory officers ...

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Qualified immunity is a blank check for government overreach

June 09, 2020 | By MARK MILLER

The killing of George Floyd has sparked protests and discussions of race, police abuse, and criminal justice reform across the country. George Floyd’s killing has also sparked discussions of a legal doctrine called “qualified immunity” that government bureaucrats and regulatory officers have used as a legal defense to violate peop ...

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Florida deems WWE ‘essential’ and shows the danger of unchecked government during COVID-19

April 14, 2020 | By MARK MILLER

Today the governor of Florida and mayor of Orange County* have deemed professional wrestling (Hulk Hogan et al.) to be an “essential activity,” allowing it to go forward despite government orders to shelter in place for the rest of us. Floridians do not like the smell of what these Florida politicians are cookin’. Aside from R ...

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Are quarantine orders constitutional?

April 10, 2020 | By MARK MILLER

The question on many minds during our time of quarantine: How far can state government officials go in curtailing constitutional rights like the freedom of association, free exercise of religion, and right to travel among and between the states, in service to public safety by reducing the spread of the coronavirus? The courts have been … ...

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How is COVID-19 affecting current Supreme Court cases?

March 26, 2020 | By MARK MILLER

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

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The Gainesville Sun : ‘Rights of nature’ would erode rights of individuals

February 10, 2020 | By MARK MILLER

Alachua County environmental activists seek to do something never successfully done in American law: They want to give the Santa Fe River a “right of nature” to sue anyone that injures it. If that sounds crazy, you’re not alone: No American court has recognized the “rights” of natural resources to sue. If the activists ...