Articles

Newsom has no moral high ground in tariffs fight

May 23, 2025 | By LUKE WAKE

California is joining lawsuits to challenge the new tariffs imposed by the executive branch. It's rich that Governor Gavin Newsom is suddenly defending the separation of powers, considering his abuse of executive powers during the pandemic. For nearly three years, Newsom ruled California by executive decree—long after other states had returned to ...

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The Inviolate Right to Be Heard

January 31, 2025 | By LUKE WAKE

Imagine a world where the government closes the courthouse doors to anyone trying to vindicate their rights. In such a world, our rights would be lost. They might exist on paper. But if the government can trample on our rights and then bar access to the courts, our rights effectively would be meaningless. In such a world, the only option is to do a ...

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DOL’s minimum salary rulemaking under fire : Is there any limiting principle?

August 15, 2024 | By LUKE WAKE

There are a few things everyone should be able to agree on when it comes to the government. First, our government should answer to the People—not the other way around. Second, federal agencies should always have to conform to the laws Congress enacted. And third, there must always be limits on an agency's power to make rules affecting our lives a ...

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Reason : The SEC Conscripts Corporate America in Its New Climate Change Fight

March 19, 2024 | By RACHEL PAULOSE, LUKE WAKE

The Securities and Exchange Commission (SEC) has gone rogue. The commission has now finalized a rule that will bully publicly traded companies into reporting environmental information that has no relevance to the financial concerns that matter to investors. As much as environmental activists may want this information to shame companies into embraci ...

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American Habits : When lawmakers outsource their powers to California regulators

December 14, 2023 | By LUKE WAKE

Brian Wanner is the owner of Peters Brothers Trucking in Lenhartsville, Pennsylvania. But on some of the most important decisions facing his business he doesn't call the shots. Instead, he takes orders from regulators . . . in California — a state he doesn't even do business in. That's because the Pennsylvania Department of Environmental Protecti ...

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Issues & Insights : Why The U.S. Still Remains A Model For The Rest Of The World

September 19, 2023 | By LUKE WAKE

This summer, Israelis mobilized into rival factions in a contentious battle over Prime Minister Benjamin Netanyahu's judicial reform proposals. These reforms would limit the Israeli court's power to invalidate laws and give lawmaker's greater control over judicial appointments. Proponents believe these reforms are needed to prevent the courts fr ...

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Bloomberg Law : Department of Labor Oversteps Authority With Salary Rule

September 13, 2023 | By LUKE WAKE

The Department of Labor proposed an audacious rule that will dictate salary level requirements for 3.4 million employees without any clear authority. The rule would require employers to pay salaried employees at least $55,068 in annual compensation, which is an over 60% increase from the DOL's current mandate that salaried employees must be paid $3 ...

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The Messenger : The ‘Major Questions Doctrine’ Keeps Government Accountable to the People

July 02, 2023 | By LUKE WAKE

The Federal Trade Commission has proposed banning all non-compete agreements in the United States. Non-competes are currently legal in at least some form in 47 states and are commonly used by employers. Yet the FTC — originally constituted to address individual cases of unfair competition — now claims authority to outlaw this frequently used em ...

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The Hill : We should prefer accountable government to rule by the administrative state

August 01, 2022 | By LUKE WAKE

The Supreme Court ended its term with a highly consequential 6-3 decision in West Virginia v. EPA. The court repudiated the Environmental Protection Agency's claim that Congress had delegated sweeping powers for the agency to pursue a regulatory agenda of its own creation that would force energy companies to adopt alternative energy sources. That ...