Daniel Kelly, Former Wisconsin Supreme Court Justice, Senior Litigation Counsel, New Civil Liberties Alliance
Executive Summary: The U.S. Supreme Court must finish the good work it began in Jarksey by recognizing that our Constitution prevents the government from pursuing American citizens in any fora but the ones it prescribes. This is so because the separation of powers requires it, the public rights doctrine is inherently incapable of reliably assigning trials to the proper forum, and anything other than constitutional fidelity on this subject compromises the judicial power and denies due process of law to targets of enforcement actions.
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