The plaintiffs in Changizi v. Department of Health and Human Services allege that the federal government, primarily through the Office of the Surgeon General, has pressured Twitter and other social media to censor them and other individuals who “question the wisdom, efficacy, and morality of government responses to the [COVID-19] pandemic, specifically lockdowns and mask and vaccine […]

The Supreme Court has agreed to hear two separate cases that raise essentially the same question: Can an SEC or FTC civil enforcement target file a district court action challenging the constitutionality of how these independent regulatory agencies’ in-house adjudicatory proceedings are structured? Or to obtain judicial review of such a structural constitutional claim, does

The Atlantic Legal Foundation has filed an amicus brief urging the Supreme Court to hold, contrary to the Ninth Circuit, that federal district courts can exercise their federal question jurisdiction over constitutional challenges to the structure of the Federal Trade Commission’s civil administrative enforcement process.  In a divided opinion, a Ninth Circuit panel held in Axon Enterprise, Inc.