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Articles from NCLA’s leading experts on major court decisions, the latest antics of the Administrative State, and what it means for due process, self-government, and the rule of law.

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Latest Issues

A Court-Picked Prosecutor the President Can't Fire? One Court Said That’s Fine, But the Constitution Says No

On July 15, the U.S. District Court for the Western District of Washington appointed Roger Rogoff as the district’s U.S. Attorney. Less than an hour after Rogoff was sworn in, President Trump fired him.

Rogoff promptly sued—in that same co...

7 days ago

A Maryland Synagogue Fights for the Right to Protect Its Members, Inside and On the Way There

Montgomery County, Maryland, forbids anyone to carry a firearm in a house of worship—even a person the state has licensed to carry a gun, and even with the congregation’s blessing. It also forbids carrying within 100 yards of any house of w...

7 days ago

Grading E.O. 14219’s Hard to Measure Deregulatory Efforts

A year and a half has passed since President Trump issued Executive Order 14219, but the Administrative State remains. The E.O., and its accompanying memorandum, required agencies to review their regulations and “identify unlawful and poten...

a month ago
1

The Hospital Menonita Dissent Demonstrates Why Loper Bright Must be Constitutionalized

Originally published by Americans for Prosperity Foundation

Ryan Mulvey has ably discussed the implications of the history and holding of Hospital Menonita de Guayanma v. NLRB in these pages. To sum up, the NLRB had a successor-bar rule re...

a month ago

Golden Opportunity for the Lower Courts Post-Relentless

Relentless/Loper Bright’s distillation in the lower courts continues apace. Certain courts, most notably the D.C. Circuit in its American Gas Assoc. v. DOE decision from last November, have muddied the waters in clarifying Relentless/Loper...

2 months ago
1

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