Articles

Court-packing is a terrible idea. FDR proved it.

July 07, 2022 | By OLIVER DUNFORD

After the Supreme Court handed down its controversial Dobbs decision, reporters asked White House Press Secretary Karine Jean-Pierre if the president would consider adding more seats to the Supreme Court—”packing” it with Justices who’d support the president’s agenda. “So, I know I’ve… I was asked this questi ...

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Capital Press : Supreme Court should guarantee property owners their due process rights

October 05, 2021 | By OLIVER DUNFORD

The free, non-harmful, and productive use of private property is a cornerstone of the American Dream. And proper regulation, to prevent harmful uses of property, is consistent with this principle. But government agencies too often abuse their regulatory authority. They issue compliance orders, drag landowners through seemingly endless administrativ ...

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The Hill : Gavin Newsom thought he could override the Constitution — now he faces a recall

August 30, 2021 | By OLIVER DUNFORD

On Sept. 14, California voters head to the polls to decide Gov. Gavin Newsom’s fate in a historic recall election. Perhaps the biggest motivating factor behind the recall effort is Newsom’s aggressive COVID-19 pandemic response, in which he unilaterally issued orders for school, business and church closures; mask mandates; and other dem ...

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The Hill : The ‘new’ FTC will run roughshod over the rule of law

August 09, 2021 | By OLIVER DUNFORD

Lina Khan, the new chairwoman of the Federal Trade Commission (FTC), generated a lot of attention after leading the agency’s five commissioners — on 3-2 partisan lines — to adopt a series of proposals that concentrate power in the chair herself, streamline and centralize agency rulemaking, and authorize sweeping investigations and enforce ...

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

June 07, 2021 | By OLIVER DUNFORD

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 “ ...

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Jurist : Accountability in the administrative state

March 03, 2021 | By OLIVER DUNFORD

The modern Administrative State “wields vast power and touches almost every aspect of daily life.” Ensuring accountability for the officials who exercise this vast power is no simple task. But the Supreme Court has the opportunity to improve what Madison called the “chain of dependence”—so that “those who are employe ...

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San Francisco Chronicle : San Francisco cannot foist pandemic’s economic burden onto landlords

February 10, 2021 | By OLIVER DUNFORD

In response to the COVID-19 pandemic, governments across the country have tried to limit the economic damage caused by the unprecedented lockdowns. That is certainly a worthy goal. But far too often, rather than providing assistance across the board — which might require unpopular tax hikes on everyone — governments stick only some people with ...

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The Hill : FDA’s distillery fiasco illustrates why arbitrary regulation is a problem

February 08, 2021 | By OLIVER DUNFORD

“No good deed goes unpunished,” as the old saying goes. Distillery owners, who acted quickly last year to relieve the national shortage of hand sanitizer in response to the COVID-19 pandemic, learned that lesson the hard way. As COVID-19 lockdowns accelerated and supplies of paper towels, sanitizer and other key products dwindled, some ...

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Hey L.A. Mayor Garcetti, you can’t turn off people’s utilities as a punishment

September 10, 2020 | By OLIVER DUNFORD

In 2017, Los Angeles Mayor Eric Garcetti unveiled a “Bill of Rights” for customers of the Los Angeles Department of Water and Power (LADWP). Back then, he professed that “reliable, affordable, and accountable service from LADWP is not a privilege—it is a right to every Angeleno who relies on our utility.” That was then, th ...