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Supreme Court Agrees to Take Case Challenging State Law Restricting Counselor’s Speech
On March 10, the Supreme Court granted review in a case likely to become the...
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How FCC v. Consumers’ Research Could Sink Proposals to Reform Labor Law
On its face, FCC v. Consumers’ Research seems to have nothing to do with labor...
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Should Lower Courts Continue to Apply Employment Division v. Smith?
The Supreme Court in 1990 in Employment Division v. Smith held that a rational regulation...
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Two Supreme Court Justices Challenge “Confusing” McDonnell Douglas Employment Discrimination Framework
On Monday, the U.S. Supreme Court denied certiorari in Hittle v. City of Stockton, California,...
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The Protective Tariff: Defending American Economic and National Security
Tariffs have been critical to protecting both the republic at the time of the founding...
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The Poison Pill in the Peanut Butter: A Culture-War Lawsuit Quietly Threatens Disability Rights
When a dog doesn’t want to take a pill, you coat it in peanut butter....
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Textualism, the Clean Water Act, and San Francisco v. EPA
When a statute doesn’t give an administrative agency the power to do what the agency...
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Does Proposed Federal Rule of Civil Procedure 16.1 Need to Be De-DEIed?: A New Ethics Complaint Against an MDL Judge Raises the Question
An ethics complaint was recently filed against a multi-district litigation (MDL) judge who sought “adequate...
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Professor Jud Campbell Wins 2025 Joseph Story Award
The Federalist Society is delighted to announce that the winner of the 2025 Joseph Story...
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Do Ethics Rules Require DOJ Lawyers to Buck President Trump’s Executive Orders?
Shortly after his inauguration, President Trump issued several executive orders directing the Attorney General to...