Constitutional

A Constitutional Republic Demands a Constrained Judiciary: Judicial Overreach in “Vacating” Biden’s Loan Forgiveness Program

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A federal district judge—Mark Pittman, a Trump appointee to the Northern District of Texas—has dashed the hopes and upended the plans of tens of millions of student loan borrowers nationwide who have either been approved, or were about to be approved, for debt relief under the Biden administration’s loan forgiveness program. That program was promulgated … Read more

The Constitutional Right to Confront Witnesses Against You, When They’ve Been Exposed to COVID

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From the Minnesota Court of Appeals’ majority opinion yesterday in State v. Trifiletti, written by Judge Randall Slieter and joined by Judge Matthew Johnson; the opinion is long, but here’s the legal heart of the matter: Did the state prove that M.W.’s [a witness’s] possible exposure to COVID-19 and fully-dissipated-cough symptoms, which prevented her from … Read more