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April 2, 2019

With more than a dozen bills introduced in the first three months of 2019, the 116th Congress seems eager to take on cryptocurrency regulation through a wide range of legislative proposals that will impact both virtual currency and blockchain technology. While none of these are sure to pass, a guide to current legislation could still be a useful resource to those in the blockchain and policy communities. This list will be periodically updated in subsequent posts. Additional analysis of specific bills and regulatory proposals will appear separately.

March 28, 2019

During the confirmation hearings for then-Judge Neil Gorsuch, Senator and former Judiciary Committee Chairman Orin Hatch asks a question about interpreting constitutional provisions in the digital age. How, he asks, can a two-century old document apply to technologies that were not even imagined by the Founders? Gorsuch responds, “So, the technology changes, but the principles do not. And it cannot be the case that the United States Constitution is any less protective of the people’s liberties today than it was the day it was drafted.” Will the Supreme Court — with the recent addition of Justices Gorsuch and Kavanaugh — adhere to the dictum “new technology, same principles?” Only time will tell, but a few recent cases may serve as good indi...

December 17, 2017

Conservatives can rightfully celebrate the emergence of Neil Gorsuch as a justice in the mold of his beloved predecessor, Antonin Scalia. However, despite the similarity between Gorsuch and Scalia, no two justices are completely alike. One notable difference will be the issue of "Chevron deference" — the precedent by which courts defer to federal agencies' interpretations of laws. While Scalia often defended Chevron deference, Gorsuch slammed it as an "abdication of the judicial duty" before joining the Court. Already, Justice Gorsuch has sharply criticized Chevron deference, in an opinion accompanying the Court's October decision not to review Scenic America v. Department of Transportation...

With the appointment of Justice Neil Gorsuch, President Trump has already begun to make his mark on the Supreme Court. Now, faced with rumors of Justice Anthony Kennedy's retirement, and tasked with filling a large number of federal court vacancies, Trump is presented with a unique opportunity to reshape the courts.  Exploring the major questions surrounding these vacancies, Committee for Justice President Curt Levey has authored a special cover story for the June edition of Newsmax magazine.

August 7, 2008

Judicial activism is the subject of the cover story in this month’s Townhall Magazine. The article, by Committee for Justice Executive Director Curt Levey, attempts to cut through efforts to “blur and distort the definition of judicial activism” by clarifying, in layman’s terms, what judicial activism is and what it is not. Levey notes that

“[T]he purveyors of judicial activism – and its handmaiden, the ‘living Constitution’ – try hard to blur the distinction between activist and legitimate court decisions. So it’s important to clarify that true judicial activism is marked by the elevation of a judge’s policy preferences above objective interpretation of the law, such that the resulting decision is not plausibly grounded in the common s...

Judicial activism is not the failure to follow precedent. Courts must generally adhere to their past decisions and those of higher courts. But, as law professor Gary Lawson notes, “if the Constitution says X and a prior judicial decision says Y, a court has not merely the power, but the obligation, to prefer the Constitution.” To say otherwise, particularly of the Supreme Court, is to say that judicial activism can never be corrected...

October 23, 2007

With an eye to the pivotal role of the Senate’s 14 red state Democrats in the imminent vote on Fifth Circuit nominee Judge Leslie Southwick, the Committee for Justice (CFJ) has analyzed the voting patterns of the 14 senators regarding judicial nominations. The analysis, released today, scores each Democratic senator from a red state based on the 26 most important votes on President Bush’s judicial nominees. A detailed scorecard is provided below.

January 24, 2006

Ever since Judge Samuel Alito was nominated to the Supreme Court, the Committee for Justice has been hammering away on the theme that it is the ultra-liberal anti-Alito coalition led by People for the American Way, rather than Judge Alito, that is out of the mainstream. We have emphasized their agenda, their dilemma, and their motivation for attacking Alito.

December 15, 2005

Since Judge Samuel Alito was nominated to the Supreme Court on October 31, his supporters and detractors have been doing battle across the nation's television screens and newspapers. Prominent in the battle have been a handful of groups on both sides of the debate, such as Progress for America and the Committee For Justice on the right, and People for the American Way and the Alliance For Justice on the left.

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