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The Latest


The Demise of Safe Harbor and Rise of Privacy Shield
On October 6, 2015, the European Court of Justice (“ECJ”) ruled the US-EU Safe Harbor agreement invalid. The international agreement permitt
Christina Delgado


Presidential politics: How to ensure conservative judicial nominees on the Supreme Court
It was encouraging to see George Stephanopoulos raise the issue of judicial appointments Sunday on ABC's This Week. "What kind of judges will you appoint? Will they be conservative? What does that mean to you and how will you ensure it?" he asked Donald Trump. When Trump replied that he would "appoint conservative judges," Stephanopoulos asked for examples. Trump cited Justice Clarence Thomas and noted that Justice Roberts "turned out to be an absolute disaster because he ga
Published in Fox News


SLAPPed in the climate change debate
In an op-ed at FoxNews, Curt Levey writes that while the nation's campuses are hosts to the most prominent battles in the war on free sp
Published in Fox News


Climate change vs. free speech: Punishing fossil fuel companies for expressing doubt
Free speech has recently been losing its battle with political correctness. Events on campuses including Yale and the University of Missouri
Op-ed published in Fox News
Immigration Push Back: Don't Confirm His Judges
Congress’s approval of unconditional funding for the Department of Homeland Security was an embarrassing setback in Republicans’ struggle to respond to President Obama’s unilateral rewriting of U.S. immigration law. The collapse of the GOP’s plan to tie DHS funding to annulling the president’s immigration orders left the party with two options: sit back and hope that a federal judge’s temporary injunction against the November order is made permanent and is upheld on appeal, o
Op-ed published in The Wall Street Journal


Court icons Scalia and Ginsburg: Together at the peak
The oldest and, some would argue, wisest justices on the Supreme Court are at the top of their game – and are fast approaching their day of reckoning. It's not their health that's at issue, though together Justices Ruth Bader Ginsburg and Antonin Scalia have lived more than 160 years. Nor is it their acumen; Ginsburg still works assiduously into the wee hours of the night, while Scalia writes and rails more provocatively than his colleagues... Read more in USA Today.
USA Today
Town of Greece dissenters strike blow for ecumenism?
The Supreme Court’s recent decision in Town of Greece v. Galloway addressed the constitutionality, under the Establishment Clause of the Fir
Walter Weber
Raise the Minimum Wage to Fight Abortion?
Abortion and minimum wage laws? What do they have to do with each other? Answer: nothing . . . unless abortion opponents catch on to their potential to shut down the abortion industry. The basic argument for raising the minimum wage is that it will benefit low-wage workers by increasing their pay from their employers. The basic argument against raising the minimum wage is that employers who cannot afford to hire unskilled workers at higher wages will simply not hire them (or
Walter Weber


Justices Join Obama in Addressing NSA Controversy
It is no coincidence that following President Obama's address today about the National Security Agency's (NSA) collection of phone call data, the Supreme Court agreed to hear two cases concerning the police's warrantless collection of data from the seized cell phones of arrestees. The Court will decide whether the police violated the Fourth Amendment's protection against warrantless search and seizure. Both the NSA controversy and the two cell phone cases (U.S. v. Wurie and
CFJ Staff
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