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The Supreme Court’s New Decision on “Taking Property”

In the next few weeks, the Supreme Court will be finishing up its October Term. The term gets its name from the fact that it begins Oct. 1. The next few columns will unpack some of the court’s most...

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Federal Power Outside the Constitution?

If you have read my Epoch Times series, “How the Supreme Court Rewrote the Constitution,” you know that the justices have stretched some of the Constitution’s terms greatly to support the federal...

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Five Years Later Supreme Court Decision Still Hasn’t Significantly Limited...

Many people believe the Supreme Court “ended asset forfeiture” with its 2019 opinion in Timbs v. Indiana. As we argued at the time, Timbs ended nothing, and follow-up cases bear this out. This...

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SCOTUS Defends Property Rights, but Raises Constitutional Questions

The current Supreme Court is a vigorous defender of property rights. In general, I like that. But as I observed in a column last year, the court sometimes goes beyond what an accurate reading of the...

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The Supreme Court Bump Stock Case: Defeat for the “Deep State”

Justice Clarence Thomas’ opinion for the Supreme Court in Garland v. Cargill—the “bump stock firearms” case—may be more important for what it does not say than for what it does. On its face, Cargill...

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The Supreme Court Was Wrong About Taxes

Along with some good decisions, Supreme Court justices made some mistakes in the term just ended. One mistake involved taxes—and it is likely to bedevil the court in future cases. Moore v. United...

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