The Ninth Circuit has blessed the commandeering of professional speech to deliver any favored government message under the guise of protecting public health and given itself permission to apply intermediate, rather than strict, scrutiny to laws involving compelled speech. The Supreme Court should reverse this decision.
The state will likely prevail on its claim that the federal law that prevents states from legalizing sports‐betting is unconstitutional because it “commandeers” state officials to enforce federal policy.
The right to individualized bail is protected in the U.S. Constitution’s due process clauses as well as the Eighth Amendment’s prohibition on excessive bail. Constitutional history could not be clearer about bail and pretrial liberty: it must be available and affordable to all but the most dangerous defendants.
Allowing lawyers to negotiate on behalf of people who don’t even know they’re being represented creates opportunities for self‐dealing, where the lawyers sell off the legal rights of absent class members in exchange for hefty attorney fees.
Forced exactions, known as “agency fees,” provide workers in the 25 states that allow them with a Hobson’s choice: Either sacrifice your First Amendment rights by funding political advocacy you may not like, or find another job.
Because Section 706 of the Telecommunications Act of 1996 was never meant to be administered by the FCC and the agency believes its authority is subject to virtually no practical constraint, the Supreme Court should place the task of interpreting these statutory provisions back with an independent judiciary.