Administrative Creep on the Chopping Block

A busy US Supreme Court dropped yet another jurisprudential bomb in the recent case of Loper Bright Enterprises v. Raimondo, which reversed the longstanding precedent of Chevron USA, Inc. v. Natural Resources Defense Council, Inc.

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US Constitution FI

Has America “Bottomed Out”?

I remember reading the columns and editorials of several conservative and Republican pundits who were hoping that Trump would lose in 2020.  They based their hopes on hatred of Trump’s personality and his disregard for “the norms of Presidential behavior.”  They called themselves “NeverTrumpers” and were proud of it.

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Draining The Swamp?

Although the federal administrative state probably existed before the Franklin Roosevelt administrations, those administrations ushered in a large expansion of federal agencies and more and more have arisen almost continuously thereafter. The federal administrative state is populated and effectively controlled by unelected bureaucrats who seemingly ignore the policy will of voters expressed in presidential and … Read more

US Supreme Court Building Wash DC

Can “Chevron Deference” Be Consigned to the Dustbin of History?

In 1803 to the frustration of Thomas Jefferson, Chief Justice John Marshall established judicial review in the case Marbury v. Madison. Prior to 1984, ambiguous language in a statute resulted in a judicial review of the legislative history to determine the legislators’ intent or resulted in a ruling of unconstitutionality because the language was “ void for vagueness.”

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Clarence Thomas and the Lost Constitution

Clarence Thomas is our era’s most consequential jurist, as radical as he is brave. During his almost three decades on the bench, he has been laying out a blueprint for remaking Supreme Court jurisprudence. His template is the Constitution as the Framers wrote it during that hot summer in Philadelphia 232 years ago, when they … Read more

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