In recent days, it has been disclosed that the Department of Justice (DOJ) subpoenaed telephone records from Fox News reporters, including chief Washington correspondent James Rosen, and obtained a search warrant for the content of Rosen’s email in connection with another leak investigation. State Department adviser Stephen Jin-Woo Kim has …
On May 7, the U.S. Court of Appeals for the D.C. Circuit struck down a National Labor Relations Board (NLRB) rule that required more than 6 million employers to post certain types of notices at work informing employees of their rights under the National Labor Relations Act. While notifying employees …
How should courts respond when the legislature does not adequately fund operation of the criminal justice system and thereby denies a defendant his constitutional rights? The Supreme Court avoided answering that question Monday, but the Court cannot avoid it forever. Fifty years ago the Supreme Court held in Gideon v. …
The Senate soon will take up ill-advised legislation (S. 743) misnamed the “Marketplace Fairness Act” to authorize every state to force out-of-state businesses to serve as the state’s sales tax collector, overruling the U.S. Supreme Court’s 1992 decision in Quill Corporation v. North Dakota. As Senator Kelly Ayotte (R-NH) said …
This week, the Supreme Court issued a historic decision that will help prevent U.S. courts (and activist judges) from interfering in foreign policy issues that are—and should be—the constitutional prerogative of the executive and legislative branches. Kiobel v. Royal Dutch Petroleum involved the Alien Tort Statute (ATS), which was passed …
American society has long recognized the importance of mental health and has encouraged those in need of mental health care to seek it. Effective provision of mental health services depends in important part upon open and honest communications between a patient and a psychotherapist. To encourage patient candor in the …
It’s hard to overstate what an outstanding victory for school choice Indiana’s Supreme Court issued yesterday. Indiana’s highest court ruled unanimously in Meredith v. Pence that the Choice Scholarship Program (CSP), which provides vouchers to low-income and middle-income families in the Hoosier State, is constitutional. The suit, brought by the …
