Blog
Confusing Poll Clouds Public Perception of Trump Emergency Declaration
President Trump’s national emergency declaration is constitutional, as I explained in a recent op-ed in the Washington Examiner. That’s an important fact, because we trust…
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Ninth Circuit Strikes Down Soda Labeling Ban for Wrong Reasons
This week the federal Ninth Circuit Court of Appeals held unconstitutional the size requirement in San Francisco’s soda warning labeling regulation. However, there are broader…
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Warren Wealth Tax Proposal Raises Constitutional Questions
Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little…
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Courts Should Protect Economic Liberty Rights As Originally Understood
The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this…
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Supreme Court Should Review Oregon’s Discriminatory Fuel Pricing Rules
Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law…
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Looking Back at the Success of ‘Free Enterprise Fund’
In the last decade there has been a kind of separation of powers renaissance in the courts. Previously, separation-of-powers cases were rare and usually occurred…