Author Archives: Joel Nolette

On Lucia v. SEC II (over at Law360)

Law360 recently ran a piece I wrote on the next fight brewing in Lucia v. SEC following the Court’s decision last year that SEC ALJs were “inferior officers” whose appointments had to comport with Article II.  The Court remanded Lucia for “a new ‘hearing before a properly appointed’ official,” declining to decide “whether the statutory restrictions on removing […]

Hiding in Fear on Holy Saturday

[Image: “Appearance Behind Locked Doors,” Panel from Maesta, Duccio di Buoninsegna] All the disciples deserted him and fled. Matthew 26:56 When it was evening on . . . the first day of the week, and the doors of the house where the disciples had met were locked for fear of the Jews, Jesus came and stood […]

“Full Costs” at the Court

This morning, the Supreme Court hears argument in Rimini Street v. Oracle, a case which involves “whether the Copyright Act’s allowance of ‘full costs’ . . . to a prevailing party is limited to taxable costs . . . or also authorizes non-taxable costs . . . .” I have a new post over at […]

The Problem of Evil and the Advent

“Shall not the Judge of all the earth do what is just?” –Genesis 18:25 “I saw all the oppressions that are practiced under the sun. Look, the tears of the oppressed–with no one to conform them! On the side of their oppressors there was power . . . . I thought the dead, who have […]

On Constitutions and Nature’s God

On this day in 1787, the Constitutional Convention finished its work, and those involved in the creation of the new charter to govern the recently liberated colonies gathered once more to sign the document in order to then take it to the people in the several states for consideration and ratification. Much has changed in […]

Super-Duper Precedent and the Kavanaugh Hearings

[S]tare decisis is neither an inexorable command, nor a mechanical formula of adherence to the latest decision, especially in constitutional cases. If it were, segregation would be legal . . . . —Citizens United v. FEC, 558 U.S. 310, 377 (2010) (Roberts, C.J., concurring) (cleaned up) ************************** The decision was 7-1. In the ensuing decades, it had been […]

Slavery, the Declaration of Independence, and the Massachusetts Declaration of Rights

All we say to America is, “Be true to what you said on paper.” –Dr. Martin Luther King Jr. (April 3, 1968) ***************************** Our nation began with what is and will ever remain one of the most eloquent pronouncements of natural right ever uttered: We hold these truths to be self-evident, that all men are […]

Chevron, Delegation, and Clear Statement Rules

Article I, Section One vests “[a]ll legislative Powers” in Congress.[1] Among other things, this means that “[e]xcept in a few areas constitutionally committed to the Executive Branch, the basic policy decisions governing society are to be made by the Legislature.”[2] Congress cannot delegate the power to make the law to another entity (or, for that […]

“Originalism” and the Necessity of Originalism

“[A] court . . . which should allow a change in public sentiment to influence it in giving to a written constitution a construction not warranted by the intention of its founders, would be justly chargeable with reckless disregard of official oath and public duty . . . . What a court is to do, therefore, is to declare the law as written, leaving it to the people themselves to make such changes as new circumstances may require.”

Justice Blacklock on the Ninth Amendment Right to Family

[T]he interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court. –Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality op.) *********************************** In In the Interest of H.S., a Minor Child, the Texas Supreme Court concluded that anyone in a “parent-like role” […]