Articles

How much government power is too much in the post-pandemic world?

August 03, 2022 | By BRITTANY HUNTER

Unmasked and open for business, the world is increasingly prepared to move on from the pandemic. But our world certainly has not returned to normal.   Our reality is, unfortunately, still defined by constant crisis: viruses, shocking violence, rampant inflation, and war.   Government response to these crises hasn’t deviated much from the ...

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Daily Journal : The Supreme Court must continue to restore first principles in environmental law

August 02, 2022 | By FRANK GARRISON

The Constitution’s Framers designed a governmental system to protect individual liberty through structure. This structure of government would protect rights in two main ways: a division of power between the federal and state governments (vertical separation of powers), and between the federal branches – legislative, executive, and judic ...

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The Hill : We should prefer accountable government to rule by the administrative state

August 01, 2022 | By LUKE WAKE

The Supreme Court ended its term with a highly consequential 6-3 decision in West Virginia v. EPA. The court repudiated the Environmental Protection Agency’s claim that Congress had delegated sweeping powers for the agency to pursue a regulatory agenda of its own creation that would force energy companies to adopt alternative energy sources. ...

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Monty Python and the quest to uphold an individual’s right to privacy

July 27, 2022 | By BRITTANY HUNTER

Exciting news!   Pacific Legal Foundation has acquired a lost alternate version of one of the last scenes in the cult classic film, Monty Python and The Holy Grail.   We are honored to be able to share it with you below!  ————————————————— ...

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A Wisconsin ballet ends with a court discussion of nondelegation

July 26, 2022 | By NICOLE W.C. YEATMAN

There is a legal reckoning on the horizon.   At the height of the COVID-19 pandemic, state and local governments delegated an extraordinary amount of power to unelected public health officials.   Now, two and a half years into the pandemic, the public is still grappling with the consequences of this unprecedented transfer of power from elected ...

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The Hill : Entrepreneurs in the construction industry deserve opportunity, not racial quotas

July 25, 2022 | By WENCONG FA

An optimistic small-business owner in New York, Henry Kaiser’s life changed when he asked his girlfriend’s father for permission to marry her. Kaiser’s future father-in-law said he’d permit no wedding until Kaiser had saved enough money and built a house for his bride. To continue reading this op-ed, visit The Hill. … ...

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Sackett v. EPA : Regulatory Agencies Gone Rogue

July 22, 2022 | By PAIGE GILLIARD

From time to time,” Ronald Reagan said in his first inaugural address, on January 20, 1981, “we’ve been tempted to believe that society has become too complex to be managed by self-rule” and that “government by an elite group is superior to government for, by, and of the people.”   That is precisely the justific ...

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The Hill : Federal agencies lay the groundwork to ignore the Supreme Court

July 18, 2022 | By FRANK GARRISON

In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect. But the Service recently jettisoned the rule defining “habitat” that ...

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Des Moines Register : Quota for nominating panel deprives Iowans of opportunities

July 17, 2022 | By WENCONG FA

The late Justice Ruth Bader Ginsburg, when asked how many female U.S. Supreme Court justices would be enough, famously replied, “when there are nine.” Yet the court that Ginsburg envisioned would be impossible if it were governed by Iowa’s gender quota, which mandates an equal number of male and female commissioners on the state ...