Tags

Loper-Bright

Doctrine Foreclosed

The movement claim that valid legal obligations to the federal or state government require knowing, voluntary, and intentional individualized consent — and that constructive, tacit, or democratic-process-mediated consent cannot bind a non-consenting individual — is foreclosed

The movement standard — that valid government obligations require individualized, knowing, written consent or no jurisdiction attaches — has no basis in any source of American law. Constructive consent doctrines (driving, mailing, residing, transacting) are how operative law actually works. The movement standard is doctrinally adjacent to adhesion-contract scholarship, which the finding engages on its own terms.

15 min read May 12, 2026
Practice

Federal Tax — IRS, Tax Court, and Refund Litigation

The federal tax track is structurally unlike any state track because it splits at the moment of assessment into two parallel paths with different Article I / Article III profiles. The fork is determined by a single decision: pay the disputed tax before litigating, or not? That decision determines whether a jury trial is available, the institutional character of the first judicial decision-maker, the tradition-lens profile of the proceeding, and the appellate route.

May 9, 2026
Practice

Routing Failure: Why Sovereign Citizen Arguments Lose in Court

The standard explanations for why sovereign-citizen arguments fail in court — the establishment's 'frivolous and delusional' and the movement's 'systemic suppression' — are both inadequate. A more precise account: a significant portion of these failures are routing failures, not merits failures. The argument is being sent to a tribunal that cannot receive it. This essay introduces the impedance framework that operationalizes that diagnosis.

18 min read May 9, 2026