Constitutional Law

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    Gorsuch on overcriminalization

    Nick Sibilla writes for Forbes about an important observation from U.S. Supreme Court Justice Neil Gorsuch. The U.S. Supreme Court made it much easier for federal agencies to create new crimes and prosecute them, rejecting a constitutional challenge based on the separation of powers. In an unusual split…
    Mitch Kokai, June 24, 2019
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    Unanimous U.S. Supreme Court rules against N.C. Revenue Department in tax dispute

    A case involving partisan gerrymandering has grabbed the headlines, but the U.S. Supreme Court already has ruled this month against the state of North Carolina in a different dispute. Specifically, a unanimous high court ruled that the N.C. Department of Revenue was wrong to assess $1.3 million in income…
    Mitch Kokai, June 23, 2019
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    Defense of the dual-sovereignty doctrine

    Andrew McCarthy of National Review Online explains his support for a U.S. Supreme Court ruling involving dual sovereignty. We are living in a low-crime era of suspicion against vigorous law enforcement (i.e., the law enforcement that gave us the low-crime era after decades of record crime). We are…
    Mitch Kokai, June 21, 2019
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    This weekend on Carolina Journal Radio

    A merger between Aetna and CVS could expand retail health care options in North Carolina and across the country. Meanwhile, a tool called Medibid is helping to connect doctors and patients through online auctions. Jordan Roberts discusses these health care innovations during the next edition of Carolina…
    Mitch Kokai, June 21, 2019
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    Private firms and the First Amendment

    Charles Fain Lehman of the Washington Free Beacon highlights an interesting U.S. Supreme Court decision linked to First Amendment freedoms. A private corporation that runs a public “forum” is not bound by the First Amendment, the Supreme Court ruled Monday morning. The case, which nominally concerns a public…
    Mitch Kokai, June 19, 2019
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    Democrats not as open as Trump about top judicial appointments

    Susan Crabtree of Real Clear Politics reports that Democrats are compiling a list of potential post-Trump judicial appointments. In 2016, then-candidate Donald Trump took the unusual step of pledging to choose his Supreme Court nominees from a list vetted and compiled by Leonard Leo, an outside adviser to…
    Mitch Kokai, June 17, 2019
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    Lefty group wants to pack U.S. Supreme Court

    Todd Shepherd reports for the Washington Free Beacon on a campaign to boost support for packing the U.S. Supreme Court with liberal justices in a future Democratic administration. A dark money group pushing for liberal justices is running digital ads exclusively in Iowa calling for packing the U.S.
    Mitch Kokai, June 12, 2019
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    Taking private property for free

    Joel Peterson writes for National Review Online about an opportunity for courts to reverse a terrible ruling linked to property rights. … [F]ew observers have noticed a recent federal court ruling that will, absent Supreme Court intervention, grant the government immense powers to confiscate private property in violation…
    Mitch Kokai, June 4, 2019