Articles

The Constitution requires the president “from time to time” to “give to the Congress Information of the State of the Union.” Today, the State of the Union address is a performative event. But as George Will likes to remind us, ’twas not always thus: President Thomas Jefferson gave his thoughts to Congress in writing— ...

Just about every time a case involving the administrative state heads to the Supreme Court, we’re subjected to hysterical warnings of the end of the world. A recent piece in The Atlantic might set a new standard for apocalyptic fearmongering. NYU Law Professor Noah Rosenblum frets that what he calls a garden-variety securities fraud case  ...

  Sloth: inactivity, carelessness   The were trapped David Tibbitts’ debilitating stroke in 2018 left him confined to a wheelchair. Stephanie, his wife, was having trouble moving David around the narrow hallways of their cramped 1930s-era home on the California coast. It wasn’t supposed to be like this. For 20 years, Stephanie ...

The Consumer Product Safety Commission (CPSC) has set its sights on a small company in Oklahoma. Despite an excellent safety record by Leachco Inc., the CPSC claims its infant-lounging pillow is a safety hazard. … ...

After the Supreme Court handed down its controversial Dobbs decision, reporters asked White House Press Secretary Karine Jean-Pierre if the president would consider adding more seats to the Supreme Court—”packing” it with Justices who’d support the president’s agenda. “So, I know I’ve… I was asked this questi ...

The free, non-harmful, and productive use of private property is a cornerstone of the American Dream. And proper regulation, to prevent harmful uses of property, is consistent with this principle. But government agencies too often abuse their regulatory authority. They issue compliance orders, drag landowners through seemingly endless administrativ ...

On Sept. 14, California voters head to the polls to decide Gov. Gavin Newsom’s fate in a historic recall election. Perhaps the biggest motivating factor behind the recall effort is Newsom’s aggressive COVID-19 pandemic response, in which he unilaterally issued orders for school, business and church closures; mask mandates; and other dem ...

Lina Khan, the new chairwoman of the Federal Trade Commission (FTC), generated a lot of attention after leading the agency’s five commissioners — on 3-2 partisan lines — to adopt a series of proposals that concentrate power in the chair herself, streamline and centralize agency rulemaking, and authorize sweeping investigations and enforce ...

On June 10, the Kentucky Supreme Court will hear oral argument in a pair of cases addressing whether Gov. Andy Beshear can ignore the laws of the commonwealth. These cases will be watched by other states considering reforms to emergency powers. In litigation last year, Gov. Beshear correctly argued that Kentucky’s emergency-powers laws “ ...