By Ilya Shapiro
This blogpost was co-authored by Cato legal associate Carl DeNigris. Before the argument on the Arizona immigration case yesterday, the Supreme Court scored a blow for American taxpayers by rejecting the IRS’s attempt to overturn the Court’s prior interpretation of a disputed provision of the Internal Revenue Code, 26 U.S.C. §6501(e)(1)(A). By avoiding the issue of whether [...]
Supreme Court Gives Taxpayers a Muddled Win is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
For anyone suffering from post-Obamacare-argument Supreme Court withdrawal, this Wednesday the Court takes up Arizona’s controversial Senate Bill (“SB”) 1070. See my blogpost from when the Court granted review for some background. SB 1070 is much-misunderstood: it has nothing to do with sexy political issues like racial profiling and everything to do with boring legal ones like whether a given [...]
Immigration Laws at the Supreme Court: Constitutional but Bad Policy is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
This blogpost was co-authored by Cato legal associate Anna Mackin. Today, the Supreme Court agreed to hear Arkansas Game & Fish Commission v. United States, the Fifth Amendment Takings Clause case whose cert petition Cato supported with an amicus brief. In that brief, we joined the Pacific Legal Foundation in urging the Court to preserve [...]
Cato’s Amicus Brief Helps Persuade Supreme Court to Protect Private Property Rights is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Cato legal associate Trevor Burrus co-authored this blogpost. Administrative agencies are accorded huge deference — too much deference — by the courts. Acting as police, prosecutor, judge, jury, and executioner, agencies increasingly act as a law unto themselves and do a majority of the federal government’s work. Through this arrangement, Congress is put in a [...]
Administrative Agencies Are Not a Power Unto Themselves is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Now that I’ve woken from the first full night’s sleep since the Supreme Court’s three-day Obamacare marathon began, I can share my thoughts on how the argument went, in case you haven’t seen my first and second days’ reports for the Daily Caller: The Anti-Injunction Act: On an argument day that can best be described [...]
Obamacare Argument Post-Mortem is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
As most readers are no doubt aware, the Supreme Court this week takes up six hours of argument in the Obamacare litigation. Constitutional claims that were originally dismissed as “frivolous” and “easy” are now getting three days of hearings – unprecedented in the modern era. The Court has thus signaled what the American people have known [...]
Obamacare at the Supreme Court is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Cato legal associate Carl DeNigris co-authored this blogpost. Over the last few decades, the number of federal crimes has exploded. The U.S. criminal code has grown so large and so expansive that no one is exactly sure how many federal crimes are actually on the books, with estimates ranging from 4,000 to 300,000. As Justice [...]
Not Everything Can Be a Federal Crime is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
The Massachusetts Uniform Securities Act prohibits general solicitation and advertising by anyone offering unregistered securities, ostensibly for the purpose of furthering state and federal disclosure schemes. Yet this ban on public communications has been applied so broadly that it has undermined those purported disclosure goals. For instance, the ban has prevented individuals who have no [...]
Why Is Massachusetts Trying to Ban Truthful Information About Hedge Funds? is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Yesterday the Supreme Court heard argument in Kiobel v. Royal Dutch Petroleum, the case (which I’ve discussed before and in which Cato filed a brief) that asks whether, under the Alien Tort Statute, the “law of nations” can be applied against an entity that is not a natural person: a corporation. As the majority of the Court seemed [...]
Why Corporate Speech Rights But Not Corporate Liability for Violating the ‘Law of Nations’? is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
I’ve written previously about how the current Texas redistricting saga — a decennial battle in that and many states — shows how the Voting Rights Act in its moden incarnation …
The Modern Voting Rights Act Is Unconstitutional is a post from Cato @ Liberty – Cato Institute Blog
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