Yesterday, President Trump nominated Judge Brett Kavanaugh for a seat on the United States Supreme Court. As Professor Jonathan Adler notes, Judge Kavanaugh's opinions on the D.C. Circuit Court of Appeals (where he currently sits) have influenced the Supreme Court in a number of cases. Indeed, the high Court has more than a few times ...
Yesterday, the Supreme Court issued its opinion in Lucia v. Securities and Exchange Commission and held that administrative-law judges (ALJs) in the SEC are “officers of the United States” under the Appointments Clause. The ruling isn’t all that surprising, as the Court simply applied its holding from a 1991 case, Freytag v. Commi ...
Originally published in the New Haven Register June 10, 2018. In 1967, the Supreme Court struck down a Virginia law banning interracial marriages, on the grounds that the ban violated the Constitution's Equal Protection Clause. The law prohibited state officials from issuing marriage licenses until the government determined the applicants had prope ...
In response to three lawsuits PLF filed to vindicate the constitutional rights of small vape-shop owners across the country who are threatened by FDA's unconstitutional regulation of their livelihoods, the federal government's first tactic is an attempt to transfer cases filed in Minnesota and Texas to its "home court" in Washington, D.C., where th ...
PLF scored another victory against bureaucratic overreach yesterday, when the federal court in Alaska dismissed a lawsuit challenging the constitutionality of the Congressional Review Act. This dismissal is PLF's latest success in its campaign to promote and defend the CRA. At issue in this lawsuit was a regulation adopted during the Obama adminis ...
Defenders of government regulation often insist that regulations exist to protect us, to keep our foods and drugs safe, or to ensure good stewardship of the environment. Of course, intentions don't equal results, and government regulation doesn't always work out as planned. (Often, government itself causes more harm than good.) Regardless, we are a ...
How can "We the People" hold government officials accountable? That's one of the big questions that the Supreme Court will consider when it addresses a rather technical constitutional question—whether administrative law judges (ALJs) are "Officers of the United States" under the Constitution's Appointments Clause. The Framers adopted the Appointm ...
PLF filed a Reply brief in support of its Renewed Motion to Dismiss Center for Biological Diversity v. Zinke, a case that challenges Congress' use of the Congressional Review Act to overturn a Department of Interior regulation (Refuges Rule) that had severely restricted certain types of hunting in Alaska's National Wildlife Refuges. ...
Chief Justice John Marshall, on behalf of a unanimous Supreme Court, stated the obvious: "It is emphatically the province and duty of the judicial department to say what the law is." But over the last 100 years or so, the judicial department has voluntarily ceded this "duty" to the executive branch. ...
Yesterday, we filed our reply brief in Granat v. USDA, where we ask the court to review the U.S. Forest Service's decision to close thousands of previously available roads and trails to motorized travel in Plumas National Forest. Federal law requires the Forest Service, before deciding about road-closings in national forests, to consider meanin ...
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