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Due Process for My Cronies, But Not For You
The concept of “mens rea” – or requiring proof of a “guilty mind” – helps protect due process in a world where people are subject…
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Government’s Speech Double Standards
Thanks to overbearing government, there are huge double standards when it comes to free speech. Rulings of the National Labor Relations Board (NLRB) force employers…
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Senate Democrats Block Zika Bill, for the Fourth Time
Three times in the past, Senate Democrats blocked a bill that would have provided funding to fight Zika, and suspended certain regulations (it would have…
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Sexual Harassment Regulation Expands Federal Bureaucracy
Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note that “Today we have an elaborate and growing federal…
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Obama Administration Attacks ‘Reasonableness’ and ‘Common Sense’ in Sex Harassment Investigations
The Supreme Court has repeatedly said that not all sexual flirtation or interaction constitutes sexual harassment, and that whether conduct is bad enough to amount…
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Destroying the Marketplace in Education
The federal government happily subsidizes awful state colleges that graduate few if any of their students.
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EEOC to Gadsden Flag Lovers: Shut Up or Face Costly Lawsuits
Libertarian think tanks have been known to distribute lapel pins that display the Gadsden flag, reading “Don’t Tread on Me.”…
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Senate Democrats Block Anti-Zika Bill Yet Again
Democrats in the Senate have blocked a bill that would have provided federal funds to combat the spread of the Zika virus, reports The Hill.
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Obamacare Shrinks Economy through Medicaid Expansion and Tax Credit Cliffs
Obamacare’s expansion of Medicaid reduced employment in those states that participated in it by a statistically significant extent, according to a recent study by Georgetown’s…
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D.C. Government’s Transgender Guide Pressures Businesses to Violate Free Speech
The District of Columbia is now pressuring businesses to violate free speech in bizarre ways in the name of transgender rights.
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Democrats Block Zika Funding Bill
“Democrats block Zika funding bill, blame GOP,” reports Politico.
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Supreme Court Upholds Race-Based Social Engineering in Fisher v. University of Texas
Today, the Supreme Court upheld the University of Texas’s race-based admissions policy, which discriminates against white and Asian applicants.
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Climate Change Witch-Hunt Expands to Include More Innocent Victims, As Conservative AGs Object
A climate-change witchhunt is expanding to include conservative groups that have never received a penny from Exxon. Attorney General Maura Healey is part of a…
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Are Anti-Science Obama Administration Policies Fostering Zika?
Former New York Lieutenant Governor Betsy McCaughey, who chairs the Committee to Reduce Infection Deaths, says the Obama administration is fostering Zika’s spread through anti-science…
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Lawsuit Challenges Education Department Overreaching in College Discipline
A lawsuit was filed yesterday challenging a 2011 “Dear Colleague” letter in which the Education Department’s Office for Civil Rights ordered many of the nation’s…
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Obama’s Central Planning for Preschools Is Overreaching
A June 13th Washington Post article touts a recent document issued jointly by the Departments of Education and Health and Human Services that announcing that…
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Attorney General Schneiderman’s Lame Defense of Speech-Chilling Climate Change Investigation
When a government official quotes a dissenting opinion that was on the losing side of history to justify a speech-chilling investigation, that’s a pretty clear…
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Politically Correct Transgender Pronoun Mandates Violate First Amendment
The First Amendment is being violated by recent government demands that people use pronouns others than “he” and “she” to refer to their transgender peers.
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Obama Administration Fosters Zika through Red Tape
Zika’s spread is being aided by red tape the Obama administration left unchanged, even as it illegally diverted money needed to fight Zika to…
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Obama Illegally Diverts Money Needed to Fight Zika to UN
President Obama raided $500 million needed to fight the Zika virus, and instead illegally gave it to the United Nations’ Green Climate Fund. Sen. James…
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First Amendment Forbids Ideological Discrimination in Protecting Rallies
Anti-Trump demonstrators beat up Trump supporters outside a Trump rally in San Jose, California this week, while police initially did nothing but watch. As Buzzfeed…
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Attorney General Lynch Refuses to Defend Law to Speedily Terminate Wrongdoers
Attorney General refuses to defend law passed by Congress to speedily terminate wrongdoers One of an Attorney General’s fundamental duties is to defend laws passed…
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Obama Administration Harms Students in Many Ways
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Appeals Court: Students Qualify for FOIA Fee Waivers
Under the Freedom of Information Act, you can obtain government records, but usually you have to pay for them. But the law limits the fees…
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Obama Administration Decree Usurps Control over Locker Rooms and Bathrooms
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Thomas Piketty’s False Argument for Expanding the Government
Left-wing economist Thomas Piketty is treated like a “rock star” by many progressives for giving a veneer of legitimacy to the economic myths they…
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Bureaucratic Double Jeopardy: Feds Order University of New Mexico to Restrict “Unwelcome” Speech
Even if you convince one bureaucratic agency to leave you alone, another may come along and harass you. The possibilities are endless in an age…
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Employment Lawsuits for Thee, But Not for Me
The New York Times loves legislation that restricts employment-at-will, and it loves to increase penalties for employers who don’t hire and promote in…
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Pay Gap Myths Spread Around Equal Pay Day
In the lead up to Equal Pay Day this month, supporters of more federal pay regulations promoted myths about the pay gap between men and…
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California Minimum Wage Hike Could Cost State Taxpayers $10 Billion
California’s legislative analyst projects that the recent increase the state’s minimum wage to $15 an hour will cost taxpayers $3.6 billion more a year in…
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Attorneys General Launch Intimidation Campaign with Subpoena against CEI
Days after CEI criticized investigations of Exxon by State Attorneys General over its speech related to climate change, CEI was hit with a subpoena demanding…
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Senators Reward Agency Overreaching with Proposed Budget Increase for Office for Civil Rights
Twenty-two senators are proposing a nearly 30 percent budget increase for the Education Department’s Office for Civil Rights. OCR is the agency that has pressured colleges and …
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President Obama Promotes Myth of Excellent Health Care and Education in Cuba
In his recent remarks in Cuba, President Obama offered glowing praise to institutions in that communist country that did not deserve it. The president called Cuba’s…
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Freedom of Contract at Risk in Carcano v. McCrory
Virginia’s Dillon rule prevents cities and counties from regulating the employment practices of private businesses. That bars them from setting minimum wages higher than…
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Free Speech Violation in St. Paul Schools Undermines Anti-Private Ideology
Leftists who seek to ban home schooling and school vouchers, and restrict private schools, argue that is needed to prevent “indoctrination” or “balkanization.” Rather than developing a…
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Judge Orders White House OSTP to Explain Why It Shouldn’t Be Sanctioned for Undisclosed Records
OSTP failed to disclose the existence of some records in response to a FOIA request until after a federal judge had already ruled in the…
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Does Global Warming Cause Severe Cold Spells? Court Orders Release of Concealed Records
On January 8, 2014, the White House posted a curious video claiming that global warming causes more severe winter cold. Called “The Polar Vortex Explained…
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Collusive Deals with Class Action Lawyers before the Supreme Court
Class-action lawsuits are commonly settled for things that benefit the lawyers bringing them, not the class of allegedly victimized people they are supposedly suing on…
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OCR’s Evasive Letter to Sen. Lankford about Colleges and Title IX
An agency can disregard logic and jump to conclusions when it imposes legal mandates outside the notice-and-comment rulemaking process, since it never has to address…
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State Attorney General Climate Change Investigations Are Unconstitutional
Should government officials be able to cut off donations to groups because they employ people disparaged as “climate change deniers,” even if the group in…
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Congress Rewards Education Department for Overreaching and Flouting Checks and Balances
At Powerline, lawyer Paul Mirengoff writes about one of the many disturbing provisions buried in the budget-busting omnibus spending bill currently being passed by Congress as…
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Pennsylvania Legislature Begins Process of Firing Attorney General Kathleen Kane
Last month, Pennsylvania Attorney General Kathleen Kane stubbornly clung to office, refusing to resign even after she was suspended from practicing law for her alleged…
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Unconstitutional Sexual-Orientation Set-Asides in Massachusetts
Government contracts should go to the lowest bidder, not be set aside for a particular group. So it is unfortunate that Massachusetts’s governor is now…
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The Misguided Attempt to Censor Yik Yak
People often seek to restrict new means of communication in ways that would never be applied to older forms of communication, sometimes based on fear…
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More Affirmative-Action Red Tape for Contractors: Sexual Orientation Added in California
Governments impose a cobweb of complicated and confusing affirmative-action mandates on government contractors. That imposes billions of dollars in compliance costs on contractors. It also …
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Pennsylvania Attorney General Suspended from the Bar, Still Refuses to Quit
Pennsylvania Attorney General Kathleen Kane was suspended from the bar on October 22 for apparent violations of the law by the Pennsylvania Supreme Court. A…
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Education Department Power Grabs Criticized in Congress
Yesterday, The College Fix published an interesting story titled “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with…
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Education Department Harms Innocent Colleges and Students through Illegal Title IX Mandates
The Education Department, where I used to work, is becoming more and more extreme in how it interprets and applies federal law. Sometimes this comes…
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Cato, CEI File Amicus Brief to Protect Donor Confidentiality and Freedom of Association
The Cato Institute and CEI recently filed an amicus brief with the Supreme Court, urging it to stop California Attorney General Kamala Harris from making intrusive…
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More Punishment for Thrifty Seniors from Federal Medicare Laws
If two couples make almost the same amount of money, should one of them be charged $2,000 more in Medicare Part B premiums? Logically, no,…