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June 15, 2021

Fighting for equality: The faces of Coalition for TJ

Equality before the law is one of the most important constitutional safeguards guaranteed to individuals through the Fourteenth Amendment. When public institutions ignore this protection, the rule of law is in jeopardy. Thomas Jefferson High School for Science and Technology (TJ), an academically advanced Governor's School in Fairfax, Virginia, is ...

June 08, 2021

Are mandatory vaccinations and vaccine passports constitutional?

As COVID vaccines continue to become more widely available, the conversation has turned to whether the government should mandate vaccinations. Some policy proposals have called for vaccine passports to ensure that the unvaccinated do not harm others, while other proposals ban businesses from inquiring about vaccination status. Are mandatory vaccina ...

June 07, 2021

The Hill: Can Kentucky’s governor ignore the law?

On June 10, the Kentucky Supreme Court will hear oral argument in a pair of cases addressing whether Gov. Andy Beshear can ignore the laws of the commonwealth. These cases will be watched by other states considering reforms to emergency powers. In litigation last year, Gov. Beshear correctly argued that Kentucky's emergency-powers laws "defined the ...

June 04, 2021

The unintended consequences of CDC’s national eviction moratorium

Newton's third law of physics is that for every action in nature, there is an equal and opposite reaction. That rule also seems to apply in the business world when it comes to regulation of free enterprise. That is to say that regulation always has unintended consequences—some predictable, others less obvious. And that rule is ...

June 03, 2021

Free speech protects ideas, including the right to truthfully advertise

Free speech is all around us, even in ways that might not be immediately obvious. We talk a lot about the First Amendment's free speech protections during campaign season, when individuals want to express a deeply held idea, when they want to refrain from speaking, and when an idea is deemed "unacceptable" by certain groups. ...

June 02, 2021

As the world opens back up, emergency powers reform still matters

As the country continues to re-open after more than a year of living under COVID emergency orders, it may be tempting to ignore further calls to restrict executive overreach. But we must be vigilant in upholding our system of checks and balances before the next national crisis comes our way. Many will chalk up the ...

June 02, 2021

The Hill: Governors can protect civil liberties, too

Governors have a limited but crucial role to play in the legislative process by choosing which bills to sign and which ones to veto. Some of the decisions made by Montana Gov. Greg Gianforte this term serve as useful examples of how a governor can wield this power to respect constitutional rights and individual liberties. ...

May 28, 2021

Agency bureaucrats can’t ignore Marbury v. Madison

History and civics classes across the country teach the importance of political accountability for preserving individual liberty and our Constitution—specifically the latter's guarantee of separation of powers. Separation of powers is critical to upholding our constitutional system, and that includes preserving residential accountability. This sa ...

May 26, 2021

Judge rules Coalition for TJ’s fight can continue in federal lawsuit: What it means for racial discrimination in schools

Last Friday morning, federal district court judge Claude Hilton issued an exciting ruling from the bench: despite the Fairfax County School Board's urging, Judge Hilton refused to dismiss the Coalition for TJ's lawsuit alleging that the School Board violated the Fourteenth Amendment's Equal Protection Clause when it changed the admissions policy fo ...

May 25, 2021

Royal Pain: Prince Harry—and his media fans—need educating on why the First Amendment matters

Poor Prince Harry! After surrendering his royal position in the House of Windsor last year to start life anew in the United States with his actress wife Meghan Markle, he's had a tough time adjusting to our country's ways. It seems certain aspects of our American society leave the prince befuddled. In a recent podcast ...

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