The anniversary of Sackett v. EPA and continued defiance

May 24, 2024 | By BRITTANY HUNTER

One year ago, the Supreme Court unanimously agreed to restore proper limits to the Environment Protection Agency’s (EPA) authority to broadly interpret and enforce the Clean Water Act (CWA). For decades, the EPA, along with the Army Corps of Engineers, had taken it upon themselves to expand the definition of “navigable waters” to ...


The Antiquities Act and the limits of executive power

May 23, 2024 | By ADAM GRIFFIN

After several Native American artifacts were looted 
in the early 1900s, Congress passed the Antiquities
 Act of 1906 to allow presidents to establish “national
 monuments” and protect historic landmarks, structures,
 and similar objects on federal lands. This delegation of authority was modest. Indeed,
 not only did Congress ...


What is the soft bigotry of low expectations?

May 23, 2024 | By NICOLE W.C. YEATMAN

In September 1999, then-Governor of Texas George W. Bush gave a speech to the Latin Business Association about education. America needed to adopt the mindset that every child can learn, he said. “It does not matter if they grow up in foster care or a two-parent family. These circumstances are challenges, but they are not … ...


70 years after Brown v. Board, a resurgence of race-conscious admissions policies in schools

May 17, 2024 | By ANASTASIA BODEN

Ask most people to name five Supreme Court decisions, and Brown v. Board of Education will make their list. Its pronouncement that “separate educational facilities are inherently unequal” is so widely known and so well-respected that people of many ideological backgrounds quote it and try to claim its mantle, even when they have vastly ...


The Dispatch : How competitive high schools get away with race-based admissions

May 09, 2024 | By ALISON SOMIN

“Eliminating racial discrimination means eliminating all of it,” Chief Justice John Roberts wrote for a majority of the Supreme Court in last summer’s Students for Fair Admissions opinions, which held that affirmative action policies at Harvard and the University of North Carolina violated the Constitution. While colleges can no ...


Explaining the Fourth Amendment : What counts as persons, houses, papers, and effects?

May 08, 2024 | By DANIEL WOISLAW

This series will focus on what “persons,” “houses,” “papers,” and “effects” mean, tackling each in turn, and examining how they stack up against the increasingly sophisticated ways that cities, bureaucrats, police officers, and even municipal code inspectors investigate Americans in the 21st century. ...


The Commerce Clause made easy

April 30, 2024 | By JEFF JENNINGS

The federal government asserts most of its modern regulatory power over the individual ostensibly under the Commerce Clause, and therefore, it’s important for anyone who loves liberty to understand its true scope. This article looks at the clause’s background and then the two main powers that it gives the federal government. Background ...


R.J. Smith, champion of private conservation

April 26, 2024 | By NICOLE W.C. YEATMAN

In 1981, scholar R.J. Smith argued private property rights were key to preserving natural resources and wildlife.  “The problems of environmental degradation, overexploitation of natural resources, and depletion of wildlife all derive from their existence as common property resources,” he wrote in “Resolving the Tragedy of the Co ...


Fox News : Supreme Court can fix the homeless crisis that the government caused

April 26, 2024 | By MARK MILLER

On Monday, April 22, the Supreme Court will hear arguments in City of Grants Pass v. Johnson . The question before the justices is: did the Ninth Circuit correctly hold that the Eighth Amendment prevents cities from enforcing civil or criminal restrictions on the homeless sleeping or camping on public property? Underlying the specific legal … ...