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SCOTUS Lets Challenges to Administrative Courts Proceed

Cato Podcast

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The Ninth Circuit's Decision in Axon VFTC

There are significant problems related to the incentives that operate within those courts. The FTC hadn't lost in its in-house courts in 25 years, and the Ninth Circuit quipped that this was a record that the 72 dolphins who famously went undefeated would envy. Both these agencies that were at hand in these two cases, I think, amply demonstrate sort of the built-in biases and unfairness inherent whenever the prosecutor works for the same people as the judge all under one root.

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