Articles

When the government is caught stealing, it should be required to return what it took. For the Federal Trade Commission, though, such a simple notion is an affront to the way it has done business for decades. The courts must step in and force the agency to follow the law. For almost 50 years, the … ...

Tomorrow the Supreme Court will hear oral arguments in a pair of challenges to the Biden administration’s plan to cancel up to $20,000 in federally held student debt for borrowers making less than $125,000 (or $250,000 for a household). There’s a lot at stake in Biden v. Nebraska and Department of Education v. Brown, not … ...

I filed an amicus brief on behalf of former House speaker John A. Boehner (R-Ohio) and former representatives John Kline (R-Minn.) and Howard P. “Buck” McKeon (R-Calif.) in the cases now before the Supreme Court concerning President Biden’s student loan cancellation efforts. My clients wrote the legislation at issue — the Heroes ...

When President Biden was asked at a 2021 town hall event about canceling student debt, he doubted it could be done without working through Congress: “I don’t think I have the authority to do it by signing with a pen,” the president said. … ...

Congress makes the law; you are innocent until proven guilty; and everyone is entitled to due process of law. These are elementary principles of American government that we all learn in grade school. But they are threatened when Congress gives the U.S. attorney general unilateral power to write the criminal laws his office is charged … ...

Every parent wants their child to have access to a good education. But it’s no secret that your zip code makes a world of difference. Children in poor urban communities, who are overwhelmingly students of color, don’t have the same opportunities as students from the suburbs. Their public schools often fail them at the most … ...

The Federal Trade Commission (FTC) must be held accountable for its open defiance of the Supreme Court’s directives. For decades, the FTC relied on a statute authorizing “permanent injunctions” to obtain monetary fines. That always seemed strange. After all, neighboring sections of the law allow the commission to seek limited mone ...

In April, the Supreme Court unanimously rebuked the Federal Trade Commission’s decades-long abuse of its “disgorgement” authority to extract massive fines from companies accused of unfair trade practices because the agency never had that power in the first place. Now the FTC seems desperate to replace its unlawful disgorgement pra ...