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Author: Luke Wake

June 04, 2021

The unintended consequences of CDC’s national eviction moratorium

Newton's third law of physics is that for every action in nature, there is an equal and opposite reaction. That rule also seems to apply in the business world when it comes to regulation of free enterprise. That is to say that regulation always has unintended consequences—some predictable, others less obvious. And that rule is ...

September 01, 2020

The Hill: Why governors shouldn’t have unchecked emergency powers

Reasonable minds may disagree on how to respond to COVID-19, but we can all agree that states should be enabled to protect public health and safety during an emergency. We should also be able to agree that the states' responses must conform to the U.S. Constitution. But the current crisis raises serious questions about who ...

July 14, 2020

The limits of a governor’s emergency powers

Even in a public health emergency, the constitution still matters. That's one lesson we can take from the restraining order issued by a California judge on June 12 halting one of Governor Gavin Newsom's emergency orders. The ruling argued that Newsom's order overstepped his office's authority, infringing upon the legislature's lawmaking powers. The ...

August 19, 2011

Rescuing liberty is a tall order

It’s safe to say that the fight for liberty in America is an uphill battle because, we’re fighting to restore our lost constitution in face of difficult precedent. Yet despite bumps in the road, we never give up, and we never give in. To quote the great American patriot John Paul Jones, “We have not ...

August 04, 2011

Obamacare’s guessing game: who, what, when and will we win?

Everyone seems to agree that the Supreme Court will soon decide the constitutionality of Obamacare. But, which case will the Court grant certiorari in, and what issues will it take up? Conventional wisdom suggests that the Court will likely take the Florida case, in which 26 states are challenging the Act. This is already the most high ...

July 22, 2011

Federal court strikes down protectionist law in Louisiana

This week a judge ruled in favor of the monks at St. Joseph Abbey in their suit challenging a protectionist law. The monks wanted to provide for themselves by building and selling handcrafted caskets. But, “Under Louisiana law, it was a crime for anyone but a government-licensed funeral director to sell ‘funeral merchandise,’ whi ...

June 17, 2011

LEED is not green enough for Coastal Commission

Yesterday I attended the California Coastal Commission’s meeting in Marina Del Ray as part of our Coastal Land Rights Project’s mission to monitor the Commission’s activities. The Commission spent almost an entire day debating six permits, which Commission staff viewed as one project. The meeting was very contentious. The six appl ...

May 03, 2011

Coastal Commission denied unilateral power to impose fines and penalties

P.J. O’Rourke once said that “giving money and power to government is like giving whiskey and car keys to teenage boys.” That seems to hold true with the California Coastal Commission, an agency already drunk with the illusion of a near limitless power over the California coast. We have long detailed the examples of their attempt ...

April 22, 2011

Global warming suits may go extinct

This week the Supreme Court heard oral arguments in AEP v. Connecticut, a case advanced by a few states and environmentalist organizations on the theory that a defendant can be dragged in to court for emitting green house gases. Under this theory, anyone could potentially be a defendant because the entire world is contributing to the problem ...

April 14, 2011

If a tree falls in the woods… Can ‘Mother Nature’ sue?

Earlier this year I reported on lunacy at the UN Framework Convention on climate change. The Executive Director of the Framework Convention literally asked a Mayan Goddess to “inspire” the delegates. At the time, I offered some satirical comments on the environmental movement’s tendency to worship nature. But its true, withou ...