Opinion
What doesn’t the SEC want Volkswagen shareholders to know?
When the Securities and Exchange Commission charged Volkswagen with fraud five years ago, the company emphatically disputed the charges as “legally and factually flawed” while assuring shareholders it would “vigorously” contest them. Fast forward to 2024. The SEC and...
Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case
The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the justices to pay...
SEC Should Cut Its Dystopian Follow-On Enforcement Proceedings
Imagine you’ve just endured a nasty lawsuit where your adversary convinces the court you deserved to be punished. Before lodging your appeal, you’re sued in a different tribunal for even more punishment—and the judge assigned to decide that new case is your erstwhile...
SCOTUS Must Protect The 1st Amendment. The Biden Admin Certainly Won’t
Next week, the Supreme Court will confront a government censorship operation that has no analog in American history. The justices are set to hear oral argument in Murthy v. Missouri, a First Amendment challenge to the Biden administration’s pandemic-era censorship...
Will SCOTUS Finally Send ATF’s Bump Stock Ban Back To Congress?
The U.S. Supreme Court hears oral arguments this week regarding the federal ban on bump stocks, a disturbing sequence of events that culminated in a federal agency branding hundreds of thousands of Americans as criminals without congressional action. This is one...
Is There Any Remedy When You’re Censored?
It’s said that for every right there’s a remedy. Three cases before the Supreme Court will test whether that’s true for the freedom of speech. In National Rifle Association v. Vullo, a New York state official took aim at gun advocacy by threatening regulatory hassle...
How to Defeat the Administrative State
Our nation faces many problems, including moral decay, religious decline, economic malaise, and military vulnerabilities, but none of these problems are as firmly entrenched as our primary governmental problem, the administrative state. Administrative power is the...
What is the SEC so afraid of?
The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission, urging the Supreme Court to strike down SEC's "Gag Rule." Read the full version, originally published by the Daily Journal on February 9,...
Scuttling Chevron Will Put the Ship of State Back on a Constitutional Course
Like North Atlantic squalls pounding away at the New England shoreline, judicial deference doctrines have eroded the civil liberties ordinary Americans enjoy. No one can hold back the tide, but the Supreme Court has the opportunity to stop the erosion of civil...
Cascade-Siskiyou National Monument expansion sparks controversy
Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between president monument designations under the Antiquities Act and federal land management law. Read the full version, originally published by the Daily Journal on January 4,...