Articles

The Hill : Home equity theft, can the government take more than it’s owed?

April 17, 2023 | By DUNCAN SCHROEDER

If you owe the government $100 in property taxes, should they be able to take thousands or even hundreds of thousands more than what you owe? That’s the essence of Tyler v. Hennepin County, a case that will be argued before the Supreme Court on April 26. The case concerns Geraldine Tyler, a 94-year-old grandmother … ...

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‘The use or misuse of that power is everything’ : Professor X’s lesson for the administrative state

May 09, 2022 | By DUNCAN SCHROEDER

Marvel fans far and wide are excited about the theatrical release of Dr. Strange in the Multiverse of Madness, which introduced X-Men franchise fan favorite Professor X to the Marvel Cinematic Universe. In the X-Men films, Professor X is a respected telepath who leads the mutants (humans with gene mutations that give them powers). The … ...

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How can courts fulfill their duty to interpret the law? Stop ceding their power to unelected bureaucrats

January 12, 2022 | By DUNCAN SCHROEDER

Under our constitutional system, which separates powers among the branches of government, it is the role of the courts to interpret the meaning of the law. But since the 1940s, some courts have abdicated this duty and disturbingly deferred to unelected bureaucrats’ interpretation of the law. When “judicial deference” occurs, and c ...

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Justice Breyer thinks court packing is a bad idea. We agree.

September 30, 2021 | By DUNCAN SCHROEDER

During the tour to promote his new book, The Authority of the Court and the Peril of Politics, Supreme Court Justice Stephen Breyer voiced his opposition to court packing. In an interview with NPR, Breyer bashed the idea of Congress “packing” the Court with extra seats in an attempt to change the ideological direction of … ...

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This Supreme Court term was filled with surprising unanimous rulings in hot-button cases

August 31, 2021 | By DUNCAN SCHROEDER

In the American Bar Association’s Preview magazine, Pacific Legal Foundation senior legal fellow Elizabeth Slattery authored a piece on the recently concluded Supreme Court term. In the article, she focuses on two major themes: First, the Court issued a multitude of rulings which were both unanimous and “narrow”; second, that the ...