The Administration cannot order the FCC and FTC, both independent agencies, to take any actions. While the executive order's more limited approach – petitioning the FCC for rulemaking and directing the FCC to 'consider taking action, as appropriate and consistent with applicable law' – is permissible, the FCC rules and FTC enforcement actions that result may be unlawful. Depending on the details, they may well violate the First Amendment rights of social media platforms or interpret Section 230 in a manner inconsistent with the statutory text, its intent, and its interpretation by the courts.
Senator Schumer reached a new low today when he stood on the Supreme Court steps and threatened Justices Gorsuch and Kavanaugh. His political posturing outside the Court was a flagrant attempt to influence the two newest Justices in the building.
The following is a statement by Committee for Justice president Curt Levey on today's Supreme Court argument in June Medical Services v. Russo, a challenge to the constitutionality of the Louisiana Unsafe Abortion Protection Act, which requires doctors who perform abortions to have local hospital admitting privileges...
This campaign of pressure is no doubt motivated both by Democrats' exaggerated fears of what the Court's post-Kennedy center-right majority will do and by the relatively large number of hot-button cases before the Supreme Court this term. Among the most important such cases are the New York gun case and today's employment cases.
Their embarrassing overreach could have been avoided had they bothered to read the Times piece, which openly relied on hearsay provided by anonymous sources concerning a supposed witness who just happened to be an adversary of Kavanaugh during the Ken Starr investigation. Likewise if the would-be presidents had, like others, requested an advance copy of the book on which the story is based. The book reveals that the alleged victim has no memory of the incident.
Chief Justice John Roberts disappointed conservatives today – to a degree not seen since he saved ObamaCare in 2012 – when he sided with the Court's four liberals to second guess the Trump Administration's reasons for adding a citizenship question to the census, likely ensuring that the question will not be on the census given the looming deadline for printing the forms.
The following is a statement from the Committee for Justice on the Supreme Court 9-0 ruling today in Kisor v. Wilkie, upholding but limiting the doctrine of Auer deference, which instructs courts to defer to an administrative agency’s reasonable interpretation of its own ambiguous regulations. The case involved the Veteran Administration's denial of disability benefits.
While the Mueller report, released today, concluded that there was no collusion between Russia and the Trump campaign, it described a "social media campaign" dating back to 2014 that was run by Russia's Internet Research Agency (IRA) and was designed to interfere in American elections. "By the end of the 2016 U.S. election, the IRA had the ability to reach millions of U.S. persons through their social media accounts," the report concludes.
As calls for data privacy in the United States echo those heard in Europe, it is important to remember the fate of the European Union’s digital economy at the hands of a strict regulatory regime. Our recommendations emphasize the need to prioritize economic prosperity and preserve the United States' role as leader in technological innovation instead of making America more like Europe.
Some of the demands by Ford's attorney are baffling, like the objection to a female outside counsel after Ford's supporters insisted she could not get a fair hearing if questioned by a bunch of white male senators. Nonetheless, Sen. Grassley is doing the right thing by going the extra mile to make accommodations he believes will enable Ford's testimony.
In order to provide the greatest added value to this committee's consideration of the Kavanaugh nomination, this letter will focus on an issue which has not gotten a lot of attention—specifically, what Judge Kavanaugh's confirmation to the Supreme Court would mean for America's tech industry. To answer that question, we look to the areas of federal law that will be most impactful on the future of that industry, including the First Amendment, antitrust law, and administrative law.
The hearing will likely last four days, with the focus on Judge Kavanaugh's opening statement and the exchanges between him and Judiciary Committee members. We encourage those members to ask Kavanaugh questions which will shine light on his judicial philosophy, rather than asking him how we will rule on specific cases or issues—questions he cannot responsibly answer.
Judge Kavanaugh will be confirmed because moderate Republican and Democratic senators will find it hard to oppose a nominee whose lengthy judicial record proves he is a principled constitutionalist who will faithfully follow the law as written, without regard to whether the results comport with conservative policy preferences.