President @CmteForJustice; tech, judiciary, constit law, civ rights; @HarvardLaw & @BrownUniversity (MS & BA #ComputerScience); invented/patented #AI technology
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Articles by Curt Levey
A discussion of the American’s Privacy Rights Act
Discussions of the dangers of Artificial Intelligence (AI) have long included concerns about AI systems’ potential to discriminate against racial minorities, women, and other groups said to be disadvantaged. But more recently, there have been increasing concerns about the dangers of Woke AI.
Ashley Baker Discusses Antitrust and the First Amendment
Curt Levey a few seconds ago 1 min read Ashley Baker, CFJ’s Executive Director, will be a panelist at Steptoe’s Sixth Annual Regulatory Symposium on Monday, May 14. Ashley will be part of the 2:15 pm ET breakout session entitled “Antitrust and the First Amendment.” Thepanelwill address issues surrounding censorship, the First Amendment, and the role of Big Tech firms – including the extent to which the antitrust laws present a solution to anticompetitive effects within the marketplace of ideas.
CFJ Submits Comments on Trump Administration’s AI Action Plan
Today the Committee for Justice submitted in response to the Trump Administration’s for information regarding the development of an AI Action Plan pursuant to the President’s Executive Order.
RealClearMarkets Op-ed: Gaming the FTC: Japan Colludes With Antitrust Regulators Against MSFT.
Op-ed in RealClearMarkets by Committee for Justice president Curt Levey: While American politicians and the media focus on China’s anticompetitive practices, similar practices in Japan go largely unnoticed. American auto-manufacturers have long suffered from Japanese protectionism and, more recently, U.S. tech and gaming companies have become targets.
CFJ Mourns the Passing of Its Founder, Conservative Titan Boyden Gray
May 21, 2023 Committee for Justice president Curt Levey released the following statement on the passing of C. Boyden Gray: It is with great sadness that we note the loss of the Committee for Justice’s founder and first president, C. Boyden Gray, a giant in the conservative legal movement. Before founding the Committee for Justice in 2002 to stand up to Senate Democrats’ obstruction of George W.
What Deeply Divided Court? SCOTUS Unanimously Rebukes EPA on Clean Water Act
May 25, 2023 The following is a statement from Committee for Justice president Curt Levey on the Supreme Court’s decision today in Sackett v.
CFJ Files Amicus Brief in Illumina v. FTC, Challenging Constitutionality of FTC’s Structure
CFJ Files Amicus Brief in Illumina v. FTC, Challenging Constitutionality of FTC’s Structure
CFJ Files Brief in SCOTUS Challenge to TX & FL Social Media Laws
Today the Committee for Justice filed a Supreme Court amicus brief in NetChoice & CCIA v. Paxton and Moody v. NetChoice & CCIA, cases challenging Texas and Florida laws that regulate how social media platforms moderate content and users. CFJ supports these challenges along with the Reason Foundation, Competitive Enterprise Institute, and Taxpayers Protection Alliance, the other organizations on the brief, which was authored by Erik Jaffe of Schaerr | Jaffe.
Supreme Court Curtails Administrative State In SEC Decision
June 27, 2024 Committee for Justice president Curt Levey issued the following statement on the Supreme Court’s decision today in Securities and Exchange Commission v. Jarkesy.
Supreme Court Overrules Chevron Doctrine
The following is a statement from Committee for Justice president Curt Levey on the Supreme Court’s decision today in a pair of cases overruling the Chevron doctrine of administrative law. The Committee for Justice and the Cato Institute filed a Supreme Court amicus brief in one of the cases, Loper Bright Enterprises v.
Biden Not Serious About Supreme Court Reform
Committee for Justice president Curt Levey issued the following statement on President Biden’s speech today proposing Supreme Court “reforms.” In 2021, Mr. Levey testified before the Presidential Commission on the Supreme Court appointed by Biden to consider possible reforms: In his speech, President Biden opined that the Supreme Court is a threat to civil rights and is “mired in a crisis of ethics” that has “caused public opinion to question the Court’s fairness and independence.” If the...
Unfortunate SCOTUS Decision in High School Admissions Case
Committee for Justice president Curt Levey issued the following statement about the Supreme Court’s decision today to deny review of a racially motivated admissions system at Thomas Jefferson High School, a magnet school in Fairfax County, VA: The Supreme Court’s decision not to review the Thomas Jefferson case is unfortunate for at least two important reasons.
Colorado’s Bad Day at Supreme Court in Ballot Case
Committee for Justice president Curt Levey issued the following statement about today's oral argument in the Supreme Court: It was not a good day at the Supreme Court for those hoping that Colorado’s disqualification of Donald Trump from its ballot would be upheld. Today’s oral argument left little doubt that the Court will rule against Colorado in a lopsided decision. Only Justice Sotomayor’s vote appeared to be in question.
CFJ's comments on AI & copyright: Treat generative AI like human learning
Yesterday, the Committee For Justice filed comments in response to the U.S. Copyright Office’s inquiry concerning AI and copyright. We recommended that, rather than reinventing the wheel, the approach to copyright protection for the training material used to develop generative AI (ChatGPT, DALL·E, etc.) be modeled on how the law treats human learning.
Department of Justice is best choice to police AI competition
Partnerships between Big Tech and leading artificial intelligence companies, combined with explosive growth in the field, have made AI a top target for antitrust regulators. Most notably, Microsoft has invested more than $10 billion in OpenAI, the developer of ChatGPT, while Google and Amazon are investing billions in Anthropic, another AI leader. And just last week Microsoft inked a $650 million deal with AI startup Inflection.
The Supreme Court Sees Through the ‘Diversity’ Charade | National Review
The 'diversity rationale' that justified racial preferences in college admissions for almost half a century met its demise in the Supreme Court last Thursday.
The Supreme Court ruled that Andy Warhol’s silkscreen infringed the copyright in Lynn Goldsmith’s photo, as the Committee for Justice’s amicus brief urged.
May 18, 2023 Committee for Justice president Curt Levey released the following statement on the Supreme Court’s ruling today in Andy Warhol Foundation v.
Curt Levey on Court Watch podcast
All of the major cases before the Supreme Court this term have yet to be decided, with the exception of Axon v. FTC (see CFJ’s amicus brief).
Repealing Section 230 won’t stop anti-conservative bias in Big Tech
The Supreme Court has chosen to tackle a question at the heart of the debate over Big Tech. When they decide Gonzales v. Google, the justices will have to address for the first time the extent of the legal immunity granted to internet platforms such as YouTube (owned by Google), Facebook, and Twitter under Section 230 of the federal Communications Decency Act. Many conservatives are among those hoping the court will curtail this immunity. But they are likely to be disappointed by a post-230 world.
Biden Sparks Confusion by Saying Supreme Court Will End National COVID-19 Emergency
31 when he told a reporter the Supreme Court would “end” national COVID-19 emergency policies on May 15, after telling Congress the day before that his administration would terminate the emergencies on May 11.” Biden replied, “Well, the emergency will end when the Supreme Court ends it.” Veteran Supreme Court observer Curt Levey, president of the conservative Committee for Justice, said it isn’t clear what the president was referring to.The Supreme Court is scheduled in coming weeks to hear...
SCOTUS Hears Clean Water Act Case in which CFJ Filed Amicus Brief
The Supreme Court heard arguments today in Sackett v. EPA, as the Justices and counsel debated the meaning of “adjacent” and other terms in the EPA regulations that interpret the federal Clean Water Act (CWA).
Time for Greater Scrutiny of Climate Change Lawsuits Driven by Private Donors
Oral arguments took place on June 21 in the U.S. Court of Appeals for the Third Circuit addressing the climate lawsuits brought by Hoboken and Delaware. The hearing likely didn’t raise many eyebrows, but it should have. These lawsuits are part of a carefully orchestrated nationwide effort funded by pay-for-play dark money donors and activists, not the citizens they purport to serve.
Biden Caves to the Left in Selecting Judge Jackson
February 25, 2022 The Committee for Justice released the following statement by its president, Curt Levey, on the nomination of Ketanji Brown Jackson to the Supreme Court: In nominating Judge Jackson to the Supreme Court, President Biden has caved to the left wing of his party, as he has done so often throughout his presidency and as he did when handling judicial nominees on the Senate Judiciary Committee.
Lessons From 85th Anniversary of FDR’s Court Packing Scheme
February 5, 2022 The Committee for Justice released the following statement by its president, Curt Levey, on today’s 85th anniversary of Franklin Roosevelt’s proposal to pack the Supreme Court. Mr. Levey testifiedbefore the Supreme Court Commission established by President Biden to study court packing and other proposals for restructuring the Court: December 7, 1941 is not the only day in Franklin Roosevelt’s presidency that can be said to live in infamy.
Thoughts on Supreme Court Commission’s Preliminary Report
Yesterday, the Commission on the Supreme Court, appointed by President Biden to consider possible reforms to the Court, issued a preliminary report (a final report is due next month). When Committee for Justice president Curt Levey testified before the Commission this summer, he was one of only a handful of conservative witnesses. In both his written and spoken testimony, he challenged the progressive views of most of the witnesses and commissioners.
Courts should shut down Biden's eviction moratorium
It was a bad day for both mom-and-pop landlords and the Constitution. On Aug. 3, the Biden administration extended the nationwide eviction moratorium, dooming countless small landlords to financial ruin while openly flouting the Supreme Court, which made it clear a month earlier that an extension would require legislation. So much for the president who promised to “restore” the rule of law.
How The Right Can Work With The Left On Curtailing The Supreme Court’s Power
After rightfully complaining about judicial overreach, can conservatives afford to categorically reject reforms that would constrain the court's power?
How The Right Can Work With The Left On Curtailing The Supreme Court
When President Biden extended the eviction moratorium earlier this month, he was openly flouting the Supreme Court, which made it clear in June that new legislation would be necessary for an extension. Such blatant defiance of the high court is so rare that constitutional scholars look back to Presidents Franklin Roosevelt, Abraham Lincoln, and Thomas Jefferson for examples. That leftists cheered this slap at court authority evinces something deeper than rank politics.
Racial Discrimination Goes Better With Coke?
Coca-Cola’s new general counsel Bradley Gayton recently announced a new set of diversity guidelines for outside counsel.
Social Media Can Solve Speech Problems With The First Amendment
Social media platforms’ decisions following the Capitol unrest during a Donald Trump speech have put the spotlight on their content moderation policies like never before, sparking loud calls for reform. Conservatives howled after Twitter, Facebook, and other major platforms deleted posts and deplatformed accounts, including President Trump’s, for questioning the election results or otherwise fueling the passions that led to the violence. Leftists criticized the platforms for responding too slowly.
How Social Media Giants Can Solve Their Speech Problems With The First Amendment
Platforms face increasing condemnation by the right, increasing demands from the emboldened left, and universal complaints that their moderation policies are vague and arbitrary.
Trial Lawyers Chasing Jackpots with Climate Suits
Curt Levey Washington Examiner December 16, 2020 AP Photo/Richard Drew, File The battle between Big Oil and the states and municipalities suing them for the purported climate-related damage caused by carbon emissions is focused, for now, on the potentially pivotal question of whether the lawsuits should be heard in state or federal court. Next month, the United States Supreme Court will hear one of these growing number of cases.
Trial lawyers chasing jackpots with climate lawsuits
The battle between Big Oil and the states and municipalities suing them for the purported climate-related damage caused by carbon emissions is focused, for now, on the potentially pivotal question of whether the lawsuits should be heard in state or federal court. Next month, the United States Supreme Court will hear one of these growing number of cases.
Opinion | The Barrett Battle That Wasn’t
When Brett Kavanaugh was nominated in 2018 to fill the Supreme Court seat vacated by Reagan appointee Anthony Kennedy, the bloodiest high-court confirmation fight in almost 30 years resulted. We could only imagine the fight to the death if President Trump chose a conservative nominee to replace a left-leaning justice, especially liberal icon Ruth Bader Ginsburg. Surely protesters dressed as handmaids would set themselves on fire outside the hearing room. It didn’t happen.
Curt Levey: Amy Coney Barrett's judicial philosophy - here's what skeptical Democrats are missing
The Democrats have been doing a lot of projecting recently. Consider their worry that President Trump will refuse to accept the legitimacy of the 2020 election. Now they are projecting their "living Constitution" judicial philosophy onto Supreme Court nominee Amy Coney Barrett. Democrats and their allies worry that Judge Barrett, a devout Catholic, will impose her personal values and beliefs on the law. That's exactly what Democrats want the progressive judges they appoint to do.
Copyright Law Favors Oracle as It Faces Off with Google
Curt Levey RealClearPolicy September 25, 2020 AP Photo/Paul Sakuma, File On October 7th, two famous tech companies, Google and Oracle, will battle in the Supreme Court over the copyrightability of computer code. It is a landmark case that gives the justices a unique opportunity to confirm our nation’s deep commitment to property rights, the original understanding of the Constitution’s Copyright and Patent Clause, and sound textualist principles of statutory interpretation. Google v.
Copyright Law Favors Oracle as It Faces Off with Google in Supreme Court
On October 7th, two famous tech companies, Google and Oracle, will battle in the Supreme Court over the copyrightability of computer code. It is a landmark case that gives the justices a unique opportunity to confirm our nation’s deep commitment to property rights, the original understanding of the Constitution’s Copyright and Patent Clause, and sound textualist principles of statutory interpretation. Google v.
John Roberts has gone full Anthony Kennedy
Placeholder while article actions load At least for the moment, the conservative dream of a solid majority on the Supreme Court is dead. The trio of recent votes by Chief Justice John G. Roberts Jr. siding with the court's four liberal justices shows that Roberts has gone full Kennedy - that is, following in the disappointingly centrist footsteps of previous swing justice Anthony M. Kennedy.
Curt Levey: Ed Dept. wants students accused of sexual misconduct to have rights Joe Biden wants for himself
In the wake of Tara Reade's allegation that former Vice President Joe Biden sexually assaulted her when he was a senator in 1993 – an allegation that Biden strongly denies – he and his supporters have finally got it right when it comes to assessing claims of sexual assault.
Judge Justin Walker, Nominee to the D.C. Circuit
In April 2020, President Trump nominated Judge Justin Walker, currently serving on the U.S. District Court in Kentucky, to a pending vacancy on the U.S Court of Appeals for the D.C. Circuit. Below is information on Judge Walker and the D.C. Circuit: The D.C. Circuit - The U.S Court of Appeals for the D.C. Circuit is the most important court in the nation after the Supreme Court.
The Faulty & Irrational Arguments Behind Virus Shutdown
Curt Levey RealClearPolicy April 14, 2020 Shortages are not the only thing hampering a proper response to COVID-19. So are a series of questionable arguments being wielded to justify a more stringent response by the states than may be wise. Let's look at a few of those arguments in the hope of promoting rational decision making. This crisis is unprecedented This crisis is frightening but it's not unprecedented.
The Faulty & Irrational Arguments Behind the COVID-19 Shutdown
Shortages are not the only thing hampering a proper response to COVID-19. So are a series of questionable arguments being wielded to justify a more stringent response by the states than may be wise. Let's look at a few of those arguments in the hope of promoting rational decision making. This crisis is unprecedented This crisis is frightening but it's not unprecedented. Comparable viral outbreaks since the middle of the twentieth century provide helpful perspective.
Curt Levey: Schumer's threat against Gorsuch, Kavanaugh exposes his hypocrisy, why we need to re-elect Trump
Shouting as he addressed a pro-abortion rally yesterday in front of the Supreme Court, while the justices heard an important abortion case, Senate Minority Leader Chuck Schumer, D-N.Y. issued a threat that would be chilling enough if it came from a lone wolf. "I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind and you will pay the price," he said.
Climate Change Lawsuits Collapsing Like Dominoes – InsideSources
Climate change activists went to court in California recently trying to halt a long losing streak in their quest to punish energy companies for aiding and abetting the world’s consumption of fossil fuels.
Opinion | The Climate-Change Lawsuit Debacle
New York Attorney General Eric Schneiderman in New York City, March 15, 2017. Photo: Drew Angerer/Getty Images In the courtroom, as every lawyer knows, you can win or lose by a little. You can also win or lose by a lot. Last week, in its climate-change lawsuit against Exxon Mobil Corp. , the New York attorney general’s office lost by a lot. New York’s legal pursuit of Texas-based Exxon Mobil began in 2015 under Attorney General Eric Schneiderman and continued under his successors.
Curt Levey: Trump impeachment drives Democrats' love of Constitution - here's how they really feel
If you listened to House Speaker Nancy Pelosi's address on Thursday, you might have thought she was announcing an armed revolution. She opened with "Let us begin where our founders began in 1776. When in the course of human events it becomes necessary for one people to dissolve the political bonds which have connected them with another." The good news is that there will be no revolution for now.
Conservatives Should Oppose GOP Targeting of 'Big Tech'
Curt Levey, Daily Caller November 13, 2019 Facebook must stop President Trump from “mislead[ing] the American people,” says the Democratic National Committee. Demands from Democrats that social media platforms “fact-check” or otherwise censor political ads and posts are rapidly accelerating this fall and having an impact. Twitter responded two weeks ago by banning political ads altogether. These attacks on free speech from the left are chilling but sadly predictable.
LEVEY: Conservatives Should Oppose Republican Effort To Target ‘Big Tech’
November 11, 2019 2:00 PM ET Facebook must stop President Trump from “mislead[ing] the American people,” says the Democratic National Committee. Demands from Democrats that social media platforms “fact-check” or otherwise censor political ads and posts are rapidly accelerating this fall and having an impact. Twitter responded two weeks ago by banning political ads altogether. These attacks on free speech from the left are chilling but sadly predictable.
The Curious Case of the Trade Secrets that Weren't
“Amrock built MyAVM using a publicly available machine learning algorithm that is not anyone’s trade secret. Unlike a quarter of a century ago, when I built AVMs, knowledge of how to build them is widespread and publicly available today. ” Note: the author has no relationship to either party in this case; the following analysis represents his opinion based on publicly available facts.
Is Roberts the New Justice Kennedy?
In a repeat performance of his infamous 2012 decision rescuing ObamaCare, Chief Justice John Roberts acutely disappointed conservatives Thursday by siding with the Supreme Court's liberal Justices in second-guessing the reasons for adding a citizenship question to the census and all but killing the question, given the looming deadline for printing census forms. Read Full Article » Show comments Hide Comments
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