Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
Law & Government
FIRE Files First Amendment Lawsuit Challenging Texas A&M Drag Show Ban
Texas A&M's Board of Regents voted to ban drag shows on the grounds that they objectify women and violate state and federal policies against promoting "gender ideology."
Trump Promised a Balanced Budget. Don't Believe It.
It's great to have presidents talking about the need for a balanced budget, but Republicans are backing a plan that will increase borrowing.
Trump's Trans Kid Story Doesn't Add Up
The president said a Florida school "secretly socially transitioned" a 13-year-old. Emails suggest otherwise.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Dead People Aren't Bankrupting Us
Plus: Democrat disruptions, Columbia University scrutinized by the feds, and more...
America Is Beating Europe
A popular narrative says Europeans are better off because of increased regulation. Reality paints a different picture.
DOGE and Congress Should Take a Chainsaw to Corporate Welfare
Handouts to corporations distort the market, breed corruption, and politicize the economy.
The Best Part of Trump's Speech Was the List of Spending Cuts
If only they were as big as the list of new spending.
In Speech to Congress, Trump Promises More Tariff Madness
The tariffs Trump has already imposed on Canada, Mexico, and China will cost an estimated $142 billion this year—and he says more are on the way.
Jail Time for Cheap Rides?
D.C.'s bureaucracy violates independent drivers' economic liberty.
DOGE Goes Deep State
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Are Cage-Free Laws To Blame for High Egg Prices?
State laws banning caged eggs are cutting off millions from cheaper options.
Trump Tests the Limits of Executive Orders
Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
Webinar on the Future of Humphrey's Executor and Agency Independence
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
DOGE and Congress Should Look Hard at Reforming Social Security
Means-test Social Security, raise the retirement age, and let us invest our own money.
How Would Milton Friedman Do DOGE?
If the Department of Government Efficiency goes about this the wrong way, we could be left with both a presidency on steroids and no meaningful reduction in government.
The Case Against Ross Ulbricht Was About Government Power
President Donald Trump's pardon of the Silk Road creator is a rare moment of reprieve in an era of relentless government expansion.
Perils of Unitary Executive Theory
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
What the Supreme Court Said about Dellinger v. Bessent in Seila Law v. CFPB
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
D.C. Circuit Stays Mandate in Marin Audubon Society v. FAA
After refusing to order remand without vacatur, the D.C. Circuit pauses the effect of its decision.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
Trump Admin Argues DOGE Is Exempt From Records Requests in FOIA Lawsuit
Elon Musk promised "maximum transparency," but that apparently doesn't include Freedom of Information requests to DOGE.
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
Trump Promised To Lower Prices. Will Congress Help Him Deliver?
At the current rate of inflation, the dollar will lose 33 cents of purchasing power within a decade.
Banning Diet Supplements Won't Stop Teen Eating Disorders
Dietary supplement bans for minors may spread—but they’ll be costly, confusing, and ineffective.
Gay Penguins Face Florida's Classroom Speech Regulations
The authors of a picture book about two male penguins raising a chick together argue excluding their book from school libraries violates their free speech rights.
Judge Orders Newspaper To Delete Editorial Critical of City Government
After a lawsuit from the Foundation for Individual Rights and Expression, the city backed down. But it's still part of a worrying trend.
District Judge Blocks Trump's Refugee Resettlement Pause, Saying It 'Crossed the Line'
“I cannot ignore Congress’ detailed framework for refugee admissions and the limits it placed on the president’s ability to suspend the same,” said Judge Jamal Whitehead.
"Want a Hot Shower? Call Your Congressman," But Not Just to Support a CRA Resolution.
A useful example of how meaningful regulatory reform requires legislative action--and not just the passage of Congressional Review Act resolutions.
Will Absorbing the ATF Into the FBI Rein in Each Agency's Abuses?
The ATF, charged with regulating firearms, has a history of abuse and incompetence.
Elon Musk, Who Supposedly Is Running DOGE, Is Not Officially in Charge of Anything
The presidential adviser's lack of formal authority complicates his cost-cutting mission.
A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
D.C.'s U.S. Attorney Is a Menace to the First Amendment
Interim U.S. Attorney Ed Martin puts loyalty to Donald Trump ahead of loyalty to the Constitution.
Trump Administration Moves To Streamline Environmental Reviews
From forest restoration to energy infrastructure, NEPA delays projects that would benefit the economy and environment.
Is the Jones Act Unconstitutional?
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
Fresh Starts on Starter Homes
Lawmakers in Arizona and California are attempting to overcome local resistance to meaningful starter home reforms.
The House GOP Budget Blueprint Promises More Borrowing, More Debt, and Not Enough Spending Cuts
"If the Republican budget passes, the deficit gets worse, not better," says Rep. Thomas Massie. He's right.
Trump's Love-Hate Relationship With Big Tech
If Trump wants to encourage domestic investment, his antitrust appointees should ditch their Big Tech prejudice.
Trump's ICE Detains Afghans Who Helped U.S. Forces
A former Afghan intelligence officer who worked alongside U.S. forces sought safety in America. Now, under the Trump administration’s immigration crackdown, his parole has been revoked, and he’s been detained without explanation.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
