Would a determined executive ever fall back in the end on the core power asymmetry between the two branches—it has guns, and the judges don’t?
LAW
Who Controls the Administrative State?
Not a day goes by when the New York Times does not manufacture some maudlin defense of the put-upon minions of the tax-funded managerial class. In this worldview, the agencies are always right, whereas any elected or appointed person seeking to rein them in or terminate…
The First Amendment and The Case of Anti-Israel Green Card Holder Mahmoud Khalil
If the government is able to prove that his actions went beyond First Amendment protected speech, the courts may well resolve the issue in favor of the government.
Defund NPR
Defunding NPR and PBS and all government-sponsored media isn’t just about saving taxpayers money, and it’s certainly not about placating Elon Musk.
California’s Suspension of Environmental Regulations Should Be Permanent
If these regulations are an unnecessary hindrance for those recovering from the wildfires, why are they necessary at all?
Hunter Biden Pardon and The Evils of ‘Lawfare’
Lawfare involves the targeting of defendants based primarily on who they are rather than what they have done.
The CDC Planned Quarantine Camps Nationwide
It was called “Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings.”
Arrest of Telegram Creator Pavel Durov and The Global Assault Against Freedom of Speech
Pavel Durov, who in 2014 fled Russia after the Kremlin “tightened its grip over the Internet” — only to find himself a prisoner in the West a decade later.
What Is Going on in America’s Federal Bureaucracy?
With an ideal president and legislature, we would pursue something like what is going on in Argentina today. Whole agencies need to be deleted entirely from the federal budget.
How Elon Musk’s X Drove The Mainstream Media Narrative After the Trump Assasination Attempt
What stood out above all else was the way free speech on X worked to ferret out the real story, while actually driving forward the mainstream press to correct its errors and get the story right.
Access to Justice
To access legal justice, pathways must exist. The access-to-legal-justice problem can be viewed as a lack of available pathways for people of all economic backgrounds, including those who can’t afford much, the middle class, and even the wealthy.
Overturning The Chevron Deference
Despite sky is falling rhetoric from some quarters, this decision is hardly the end of the administrative state.
Murthy v. Missouri: The U.S. Supreme Court Green-Lights Censorship
The majority opinion here has found a way to codify this new form of censorship that threatens the whole idea of free speech itself.
Trump Gag Order Violates Your Freedom of Speech
Mr. Trump isn’t the only victim of this ill-advised gag order. It violates your First Amendment rights and mine as well.
Will Judge Merchan Sentence Trump to Prison?
Judge Merchan has many sentencing options. We would not venture to predict which one he will select, though we are fairly certain, based on his trial rulings, that he will not be motivated by fairness or justice, but rather by the “get Trump” attitude that has domin…
Governments Shouldn’t Be In the Lending Business
Had one of the individuals at the Constitutional Convention said, “Should we write in a power for the government to lend money?” the reply from everyone else would have been “No.”
The Supreme Court Just Gave Us Hope
The case offers direct parallels to the censorship of Covid-related information. The Biden White House repeatedly worked through third parties – including Meta, Twitter, and Google – to censor disfavored information.
Can Regulation Ever Be Reasonable?
In the big picture, the best way for the government to protect my safety would be for it to protect my freedom to look after myself.
International Criminal Court (ICC) Lacks Jurisdiction Over Israel in Gaza
Israel is not Hamas, and the rules of the ICC are not the same for democracies that live under the rule of law and terrorist groups that live under the rule of lawlessness. This distinction is central to the legitimacy of the ICC and its rule of complementarity. Without…
Democrat Attempts To “Get Trump” Make a Mockery of the Criminal Justice System
Prosecutors cannot simply make up new crimes by jerry-rigging a concoction of existing crimes, some of which are barred by the statute of limitations others of which are beyond the jurisdiction of state prosecutors.
Censorship and Surveillance: A Declaration on the Future of the Internet
Now We Are Supposed to Cheer Government Surveillance?
World IP Day: Economic Benefits of Intellectual Property
Films and video games aren’t the only things threatened by piracy. Patents for innovative inventions and life-saving medications also stand at risk.
President Biden’s Moral Equivocation on Anti-Israel Demonstrators Demonstrates a Lack of Real Leadership
Mr. Biden needs to demonstrate the same moral clarity he demanded from his predecessor.
Why Canadian Police Tell Homeowners: Just Give Criminals Your Car Keys
“Leave your keys at the front door for criminals.”
Regulations are Making Housing Unaffordable
Fox News reports that the International Code Council, an organization that develops model building code policies, is finalizing its codes for 2024. Critics correctly argue that the new codes are a “backdoor climate initiative” and will add to the cost of new housing....
Is Trump’s Mega-Fine Unconstitutional?
If the Supreme Court were to grant review, it would have to consider two issues: the first is whether this state-imposed fine and others like it are covered by the Eighth Amendment; if so, the second issue would be whether the fine of $464 million is excessive.
Free Speech on Trial: Can the Government Force Private Companies to Censor Users?
The Supreme Court will hear arguments in Murthy v. Missouri concerning whether the government can force or nudge private companies to censor users on behalf of regime priorities.
The Assault on the Right to Abortion
It bears noting that although the 1973 Roe v. Wade ruling correctly asserted that abortion was a right, the ruling was nonetheless doubly botched. Justices based the ruling on a right to privacy and alleged that non-enumerated rights are based on tradition.
Missouri v. Biden: Free Speech in the Crossfire
The case against the government here is that it cannot do through third parties such as social media platforms what it is forbidden from doing directly by virtue of the First Amendment. The case in question is popularly known as Missouri v. Biden, and there is much at s…
To Stop My Pro-Israel Speech, I’m Falsely Accused Again
Were I not invited to speak in defense of Israel, none of these issues would have been raised.
Keep the EU Out of America’s Business
Pandering to the EU to go after U.S. companies makes no sense. It needlessly cedes national sovereignty with no tangible benefits for the United States.
National Labor Relations Act and Compulsory Unionism
Whether a worker wants union representation ought to be an individual decision. The federal and state laws that turn it into a collective decision should never have been passed and after they were passed, should have been declared unconstitutional.
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