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June 18, 2020

Commissioner O’Rielly served for many years as a leading policy analyst and advisor to the House and Senate Commerce Committees. At the FCC, Commissioner O’Rielly has stayed true to a Constitutionalist regulatory philosophy focused on the rule of law and economic freedom, and regulatory intervention only when it is justified and narrowly tailored. He has built an impressive record of achievements with distinguished leadership on many critical issues including spectrum; 5G and wireless services; broadcast and media; regulatory modernization; FCC process reform; internet freedom; and combatting corruption, waste, fraud, and abuse.

June 16, 2020

This week, the Supreme Court interpreted Title VII's prohibition against sex discrimination in employment to encompass discrimination based on sexual orientation or identity. The majority opinion in Bostock v. Clayton County, authored by Justice Neil Gorsuch, relied heavily on the text of the 1964 statute. Too heavily – to the exclusion of legislative intent – some critics say. Our panel of Supreme Court and civil rights experts will discuss whether the Court's opinion was a work of principled textualism or an example of judicial activism.

June 15, 2020

Our panel last month discussed Robert Bork’s consumer welfare standard, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, and how Bork’s paradigm is under attack. Many defenders of the rule of law are concerned with the populist notion that competition law should be weaponized and used as a tool to address broader socio-economic concerns. Furthermore, adopting populist proposals that seek to rewrite antitrust law would upend more than a century of legal and economic learning and progress. This week, we will dive deeper into the recent populist antitrust movement and how the failure to distinguish between the proper and improper uses of antitrust laws poses a threat to the rule of law.

June 5, 2020

A Supreme Court term that saw historic firsts—oral argument by telephone and live audio—is drawing to a close. Terms usually end with a bang, and this bang will be louder than most because so many important cases remain undecided. Our panel of Supreme Court experts discusses the Court's impending decisions and the issues on the line, including (to name just a few): What restrictions on abortion are permissible? Do federal discrimination laws apply to gender identity and sexual orientation? Can educational tax credits go to religious schools? And can New York and the U.S. House of Representatives get their hands on President Trump's financial records?

June 2, 2020

A Supreme Court term that saw historic firsts—oral argument by telephone and live audio—is drawing to a close. Terms usually end with a bang, and this bang will be louder than most because so many important cases remain undecided. Our panel of Supreme Court experts will discuss the Court's impending decisions and the issues on the line, including (to name just a few): What restrictions on abortion are permissible? Do federal discrimination laws apply to gender identity and sexual orientation? Can educational tax credits go to religious schools? And can New York and the U.S. House of Representatives get their hands on President Trump's financial records?

June 1, 2020

We write in support of your Regulatory Relief to Support Economic Recovery Executive Order (EO). As the focus turns toward restarting the economy and society, this EO will give businesses the flexibility they need to reopen their doors, create jobs, and safely get Americans back to work.

May 28, 2020

May 25, 2020 marks two years since the landmark General Data Protection Regulation (GDPR) came into force, and European regulators find themselves struggling to enforce a law that has burdened the economy through enormous compliance costs and created more confusion than clarity. Meanwhile in the US, recent concerns over contact tracing and public health data during the COVID-19 pandemic have underscored the tension between a person’s right to privacy and the public’s right to know. What lessons for U.S. policy can be learned through the mistakes of others? Three leading privacy experts take an in-the-trenches look at how our privacy laws work (or don’t), recent failures in the states and abroad, and what is on the horizon as state and feder...

May 21, 2020

It should not be a point of contention to say that the FCC is the agency of jurisdiction in commercial spectrum policy, but it appears to have become one. Federal law (and more than two decades of federal practice) makes clear the process by which federal agencies work with the FCC to construct a uniform, coherent federal policy. When those processes are not followed, as the Chair and Ranking Member of the House Energy & Commerce Committee ​recently observed​, the interests of the United States suffer and our international leadership on spectrum matters is compromised. In the case of the Ligado Networks license modification, the FCC meticulously followed these processes. The FCC fully consulted with relevant federal agencies at each stage o...

May 20, 2020

"Created Equal: Clarence Thomas in His Own Words," which tells the story of Clarence Thomas's journey from poverty and segregation in the South to the Supreme Court, debuts on national television this week. To mark the occasion, our panelists—former law clerks for Justice Thomas and the author of Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration—will discuss his nearly thirty years on the Court, his approach to the law, and how his earlier life has shaped his jurisprudence.

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