by trevor.schakohl@ncla.legal | Feb 25, 2024 | Opinion, Philip Hamburger
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...
by trevor.schakohl@ncla.legal | Jan 4, 2024 | Kara Rollins, Opinion, Zhonette Brown
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,...
by trevor.schakohl@ncla.legal | Feb 9, 2024 | Opinion, Peggy Little
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...
by trevor.schakohl@ncla.legal | Sep 19, 2023 | Opinion, Peggy Little
The Supreme Court’s opinion in Axon Enterprise Inc. v. FTC (Axon/ Cochran) is full of surprises, from its inception—launched despite a seemingly impenetrable barrier of five adverse circuit precedents (hereinafter the SEC ALJ Cases)—to conclusion in a unanimous...
by trevor.schakohl@ncla.legal | Jan 17, 2024 | Mark Chenoweth, Opinion
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...
by trevor.schakohl@ncla.legal | Dec 12, 2023 | Opinion, Russ Ryan
It’s good to be a powerful regulator that sets its own budget without much congressional oversight or a need to beg elected representatives for annual appropriations. Most Americans are feeling the squeeze of runaway inflation and stagnant wage growth, but not the...