Among the foremost threats to individual freedom in America is the abusive and oftentimes lawless behavior…
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More Legal Shenanigans from the Biden Administration’s Department of Education

Among the foremost threats to individual freedom in America is the abusive and oftentimes lawless behavior of federal administrative agencies, whose vast armies of overpaid bureaucrats remain unaccountable for their excesses.

Among the most familiar examples of that bureaucratic abuse is the Department of Education (DOE).  Recall, for instance, the United States Supreme Court’s humiliating rebuke last year of the Biden DOE’s effort to shift hundreds of billions of dollars of student debt from the people who actually owed them onto the backs of American taxpayers.

Even now, despite that rebuke, the Biden DOE launched an alternative scheme last month in an end-around effort to achieve that same result.

Well, the Biden DOE is now attempting to shift tens of millions of dollars of…[more]

March 19, 2024 • 08:35 AM

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31 Judicial Branch Checks Administrative State Run Amok

In the Declaration of Independence, our Founding Fathers deemed bureaucratic excess so contrary to the concepts of ordered liberty that they explicitly listed it among the “long train of abuses and usurpations” by the British Crown:     He has erected a multitude of New Offices, and sent hither swarms of Officers to harass…

32 WTO Targets U.S. Drug Patents, and the Biden Administration Plots Surrender

Intellectual property (IP) rights – patents, copyrights, trademarks and trade secrets – have provided the United States a unique advantage fueling our unmatched history of innovation.   On the heels of World IP Day, and during a week in which questions of constitutional rights returned to the fore of public debate, it’s…

33 Justices Ask Whether Left's Wokeness Should Be the Only Religion Allowed in Public Schools

Over the past 60 years, public schools have been scrubbed of religion, stripped bare in the name of the name of the Establishment Clause of the U.S. Constitution, which bars favoring one religion over others. Now the void is being filled by social justice ideology, the left's religion by another name.  Why should traditional religion be discriminated…

34 Time to End Affirmative Action

Americans are fed up with racial preferences. More than three-quarters of Americans believe President Joe Biden should consider "all possible nominees" to succeed retiring Supreme Court Justice Stephen Breyer, rather than only Black women, according to a new poll. Likewise, nearly three-quarters of Americans, including a majority of Hispanic…

35 Court Blasts Biden's Anti-Work Vaccine Mandate

Working Americans got good news on Friday. They may not have to worry about getting laid off because of qualms about the COVID-19 vaccine. A federal appeals court suspended the Biden administration's attempt to mandate the shots at private sector workplaces with 100 or more employees. Under President Joe Biden's order, which would go into effect Jan…

36 Supreme Court Considers the Right to Keep AND Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep Arms shall not be infringed.   Astute readers will immediately note the glaring omission in that defective recitation of the Second Amendment’s text.   Less astute readers, in contrast, will lose interest beyond the…

37 Biden's Unprecedented Attack on the Constitution

Joe Biden certainly isn't the first president to violate his oath of office, but he might be the first in memory to openly brag about doing it. As Biden announced a new "eviction moratorium," he informed Americans that the "bulk of constitutional scholars" would say the Centers for Disease Control and Prevention eviction moratorium…

38 Important Supreme Court Win for 1st Amendment Over Cancel Culture

Finally.   Amid a deepening “Cancel Culture” environment of cyberstalking, harassment and outright persecution on the basis of political differences, the United States Supreme Court put its foot down in defense of the First Amendment.   In a pivotal 6-3 ruling, the Court affirmed that when governments force mission…

39 Sorry, Joe – the Second Amendment Protects AR-15s

One particularly unflattering characteristic of Second Amendment restrictionists remains their transparently insincere assurance that they really, truly respect Second Amendment liberties, and have nothing at all against firearms used for such purposes as duck hunting or target shooting.   All they seek, they earnestly claim, is “reasonable…

40 Biden’s Executive Order Overreach May Not Endure

In a December 2007 Boston Globe interview, Barack Obama alleged that the Bush Administration had habitually disregarded Congressional authority in favor of executive overreach, and promised a reversal under his administration.  "A president is not above the law," he pontificated.   As president, however, he infamously sang…

41 Biden Prepares to Strip College Students of Due Process Rights

It's worth reminding people that if President Joe Biden were compelled to live by the standards he intends to institute for college students accused of sexual misconduct, he would be presumed guilty of rape, denied any legitimate opportunity to refute Tara Reade's charges and tossed from office in disgrace. The New York Times reports today that Biden…

42 CFIF Stands With Coalition Against H.R.1/S.1 and in Support of Freedom of Speech and Association

CFIF this week joined a coalition, led by People United for Privacy, urging Congress to oppose H.R. 1 and S. 1, the deceptively named "For the People Act." "Nonprofit organizations serve a vital role in encouraging free speech and the free exchange of ideas. Privately supporting causes — and the organizations advancing those…

43 Can Trump Be Tried?

House Democratic impeachment managers have delivered to the Senate a single, hastily passed article of impeachment against former President Trump. A trial is set to begin on Feb. 9. It will be an event without precedent – the first time in U.S. history that a former president will be tried in a court of impeachment.  Several Republicans…

44 Donor Privacy Goes Before the Supreme Court, Just in Time

Remember Lois Lerner and Internal Revenue Service (IRS) targeting of conservative organizations during the Obama years?   That tawdry episode almost seems quaint in retrospect.   At least back then, Obama and leftists feigned remorse and attempted to deny material wrongdoing.   Today, in contrast, the left openly advocates…

45 The Right to Worship Even in a Pandemic

New York's dictatorial governor, Andrew Cuomo, may have met his match. The Roman Catholic Diocese of Brooklyn is asking the Supreme Court of the United States to strike down Cuomo's Oct. 6 executive order shutting down "houses of worship " in areas of Brooklyn and Queens, while allowing "essential" businesses, like pet stores, groceries…

46 The Election Lawsuit Trump Should Win

In its effort to challenge vote counts in key states, the Trump campaign has filed lots of lawsuits that have little chance of winning. But there is one suit that it should win – not only for the Trump campaign or the 2020 election, but for all elections in the future. It's the court fight over Pennsylvania's election rules, and it…

47 Joe Biden Is Flirting with the Destruction of the Judiciary

Joe Biden says, "You'll know my opinion on court-packing when the election is over." To this point, Biden hasn't offered any position on court-packing, one of the gravest threats to the constitutional order in modern American history. Whether he is too scared of offending a significant faction of his party or he believes it's an idea worth…

48 Chief Justice Roberts: Popularity Curator, Not Neutral Umpire

"Judges and justices are servants of the law, not the other way around.  Judges are like umpires.  Umpires don’t make the rules, they apply them.  The role of an umpire and a judge is critical.  They make sure everybody plays by the rules.  But it is a limited role.  Nobody ever went to a ballgame to see the…

49 Amid Riots, Gun Sales Skyrocket and Gun Control Logic Evaporates

"The right to self-defense is the first law of nature…   [A] citizen has a right to carry arms in defense of his property or person, and to use them if either were assailed with such force, numbers or violence as made it necessary for the protection or safety of either." —District of Columbia v. Heller (2008)…

50 Sabre/Farelogix Merger: DOJ Antitrust Lawsuit Needlessly Threatens U.S. Prosperity and Innovation

On Monday, January 27, trial will commence in the Department of Justice’s (DOJ’s) misguided antitrust lawsuit seeking to prohibit travel technology company Sabre’s acquisition of non-competitor software developer Farelogix.  The DOJ’s action holds no merit in law or fact, and it illustrates how overzealous federal antitrust…

51 Warren Burger Meme Bungles 2nd Amendment

A fatuous new meme has gained sudden social media popularity among gun-grabbers in their ongoing campaign to render the Second Amendment meaningless.   The meme features a portrait of former Chief Justice of the United States Warren Burger, alongside a 1990 quote that somehow sprang to life after thirty years of dormancy.  The backstory…

52 Encouraging Tremors from the Supreme Court

From the United States Supreme Court come some encouraging tremors.  That’s perhaps the top takeaway as the Court concludes its first term under a new composition that includes Justice Brett Kavanaugh.  Although this term has been comparatively light in terms of straightforwardly blockbuster cases, such as 2008’s seminal Heller…

53 In Defense of Lobbying

The media adores stories that bolster prevailing narratives about the virtuousness of "bipartisanship" and the nefariousness of money in politics. Last week, they got both when socialist Alexandria Ocasio-Cortez and conservative Ted Cruz displayed some populist synergy by promising to work on legislation that would ban former lawmakers from…

54 Lack of Ideological Diversity Eviscerates Colleges' Affirmative Action Rationalization

"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."  Those were the words of Chief Justice John Roberts, writing for the majority in the 2007 Community Schools v. Seattle School District No. 1 decision. He perfectly captures the solution to our ongoing debate over state-sanctioned racial…

55 Conservative Judicial Activism Is Just As Objectionable as Liberal Judicial Activism

"Who says Roe must say Lochner."  So wrote Judge Robert H. Bork in The Tempting of America.  Published in 1990, Judge Bork's tour de force remains a masterful primer on jurisprudence, and recounts his ordeal against the sleazy and mindless assault by Senator Ted Kennedy, Senator Joe Biden and others against his nomination by Ronald…

56 Flipping Benefits Prosecutors, Not the Public

Last Thursday, after President Donald Trump's personal lawyer, Michael Cohen, pleaded guilty to eight felonies, Trump blasted how federal prosecutors coerce people to plead guilty, whether they've done anything wrong or not, and to play ball with investigators to target others. Trump said "it's called flipping and it almost ought to be illegal…

57 There Is Nothing 'Illegitimate' About the Brett Kavanaugh Nomination

Perhaps one day a court will find that Donald Trump conspired with his personal lawyer Michael Cohen to pay nondisclosure agreements meant to silence his mistresses. Perhaps one day the House will impeach Trump for breaking those campaign finance laws, and then maybe the Senate will also remove him from office. Those are the mechanisms that have been…

58 Important New Legal Victories for Second Amendment Rights

We're only halfway through summer, but it has proven a particularly fruitful one for supporters of the Second Amendment individual right to keep and bear arms.  Most saliently, President Donald Trump nominated Judge Brett Kavanaugh, who interprets the seminal 2008 Heller v. D.C. decision to forbid laws outlawing so-called "assault weapons…

59 Democrats Don't Fear Brett Kavanaugh; They Fear the Constitution

Sure, some of the anger aimed at Donald Trump's nomination of Brett Kavanaugh to the Supreme Court is partisan bluster meant to placate the activist base. Still, most Democrats were going to get hysterical about any pick, because any conservative pick was going to take the Constitution far too literally for their liking. For those who rely on the administrative…

60 Finally, a Conservative for Robert Bork's Supreme Court Seat

Thirty-one years is a long time to fill a U.S. Supreme Court vacancy.  But in some ways, we've been waiting that long.  This week, however, President Donald Trump held to his campaign promise and nominated conservative Judge Brett Kavanaugh to fill a Supreme Court seat that rightfully should've been occupied by the late Judge Robert Bork…

 
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