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Protecting Free Speech in Medicine

Christina Sandefur March 29, 2017
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Under federal law, pharmaceutical companies can be charged with a crime simply for telling a doctor about a legal, alternative use for an approved treatment. Sadly, government routinely censors the communication of valuable and truthful information that could help improve – and even save – people’s lives.

This changed in Arizona last week when Governor Doug Ducey signed HB 2382, a new state law that safeguards the free speech rights of those in the medical field to share truthful research and information about alternative uses for FDA-approved medicines. [Read More]

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Setback for the CFPB in the DC Circuit

Christian Corrigan October 12, 2016
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Yesterday, the U.S. Court of Appeals for the D.C. Circuit delivered a huge blow the Consumer Financial Protection Bureau (CFPB). In a terrific opinion on executive power and individual liberty, Judge Brett Kavanaugh wrote that the CFPB’s status as an independent agency headed by a single director violated Article II of the Constitution.  [Read More]

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Colorado, Marijuana, and Federalism

George J. Terwilliger March 22, 2016
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George Terwilliger comments on the Supreme Court's refusal to hear a complaint from neighboring states that Colorado’s relaxation of marijuana laws hurts them and undermines federal law:

Regardless of the Court's inaction on the issue- or perhaps now all the more because of it -- the Administration should reconsider the complete abandonment of its responsibility to enforce the laws duly enacted by the legislature. Federalism does not mean that every state can simply act contrary to federal law where and when it may be popular to do so. Colorado doing so here is as contrary to our constitutional system as is the federal government imposing the burdens of its lax immigration policies on the people of the states, especially those most affected by the influx of illegal immigrants.

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Supreme Court of the United States

Requiem for the Constitution?

February 18, 2016
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As John Donne teaches and Hemingway reminded us, each man’s loss diminishes us, for each of us is involved in mankind.  Certainly the passing in his sleep, at the age of 79, of Antonin Scalia is a great personal loss for his loving wife of many years, his nine children and their spouses, and his thirty-three grandchildren. The passing of Justice Scalia leaves the President and the Senate with a vacancy to fill, which will come in due time.  More important, it leaves a nation without an engaging, clear-thinking, and consistent defender of the Constitution as well as a husband, father, friend, and grandfather. Let us all mourn his passing in the hope that the bell tolls only for us, and not for the Constitution that protects us. [Read More]

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Supreme Court Columns

Should States Be Immune From Suit in Courts of Other States?

Elbert Lin December 08, 2015
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In a week of several big cases on state legislative redistricting and affirmative action, it'd be easy to overlook another significant case that the Supreme Court heard on Monday. 

At stake in Franchise Tax Board of California v. Hyatta case that has already been to the high court once before, making it one of the rare "SCOTUS repeaters"is an important question of state sovereign immunity. Over the years, the Supreme Court has held that states have immunity from proceedings in federal courts, in their own respective state courts, and before federal agencies. But in a 1979 decision concerning an accident in California involving a vehicle owned by the State of Nevada, the Supreme Court held that states do not have immunity in the courts of other states. Whether the Court should overrule that caseNevada v. Hallis squarely at issue in Hyatt [Read More]