by NCLA | Jul 2, 2019 | Blog
Photo by Quinn Dombrowski, Rights ReservedPeople across the political spectrum have strong opinions about whether it is a good idea to include a citizenship question on the 2020 short-form census. This blog post expresses no opinion on whether that is a good or a bad...
by NCLA | Jul 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 30, 2019 Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the...
by NCLA | Jun 27, 2019 | Blog
The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last...
by NCLA | Jun 26, 2019 | Press Releases
Court Must Stop Relying on Stare Decisis Crutch to Prop Up Problematic PrecedentWashington, D.C. — Today’s Supreme Court decision in Kisor v. Wilkie grants temporary victory to combat veteran James Kisor but nevertheless keeps Auer deference intact. Although the facts...
by NCLA | Jun 26, 2019 | In the News
The U.S. Supreme Court’s decision in Gundy v. United States disappointed some observers who were hoping that the Court would use the case to reinvigorate the nondelegation doctrine. Instead, the Court upheld the federal government’s authority under the Sex Offender...
