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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
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	<updated>
		2026-05-19T11:34:56Z	</updated>

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	<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				The Dangerous Allure When Untalented People Use AI			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382488</id>
		<updated>2026-05-19T15:34:56Z</updated>
		<published>2026-05-19T15:34:56Z</published>
					<summary type="html"><![CDATA[Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/">
			<![CDATA[<p>I recently spoke at my daughter's Girl Scouts troop about America's 250th birthday. I brought a box of tea bags, and hid them in the students' backpacks. I then had the girls search through everyone's bags to illustrate the dangers of the writs of assistance. We then threw all the tea bags into a bucket of water to simulate the Boston Tea Party. (I wanted to simulate the Boston Massacre with nerf guns, but I was overruled.) My daughter often complains that no women signed the Declaration of Independence, so I brought a huge parchment copy of the Declaration, and had all the girls sign them with ballpoint quills. They really felt part of the movement.</p>
<p>At the end of the session, I showed them the classic Schoolhouse Rock video, "The Shot Heard Round The World." I wondered how these young kinds would react to such an old school video from 1975. The animation is crude but the narrative is timeless. The music is still entertaining and the lyrics are clear. The Scouts were enraptured and understood exactly what happened. Plus they connected my lesson earlier about the Revolutionary War with the video. They all booed at the Red Coats and King George.</p>
<p><iframe title="Schoolhouse Rock - America Rock - The Shot Heard &#039;Round the World" width="500" height="281" src="https://www.youtube.com/embed/ts7JU41OiSY?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>There is a reason we still watch these videos five decades later. Great care, art, and attention was put into producing this video.</p>
<p>This brings me to the Federal Circuit's <a href="https://reason.com/volokh/2026/05/19/chief-judge-moore-commissions-bizarre-ai-cartoon-about-the-federal-circuit-without-judge-newman/">attempt</a> at a "School House" rock video. I've since learned that Judge Newman was in the room when Chief Judge Moore played the video. The consensus was "WTF?" They literally erased a federal judge from the video. I understand there is a Senate Appropriations Committee hearing coming up with the Judiciary. The Administrative Office should be held to account for Moore's narcissistic taxpayer-funded fever-dream.</p>
<p>But beyond the substance, I have to criticize the art. It is obvious someone asked AI to generate a theme song about the Federal Circuit. And the output reflects that process. The tune was so bland and boring. The lyrics were completely unmemorable. Even now, I can't remember a single line from the song. The animations were clean enough, but the motions were so unnatural. And the imagery made no sense. Why was Ronald Reagan leading a Conga Line with Uncle Sam in the caboose? Why did the Judges wave glow sticks at Studio 54? Why did Chief Judge Moore fly off the bench to do a dance routine?</p>
<p>Anyone with artistic talent would have realized this video was terrible. But that is the dangerous allure of AI: it allows people without talent to pretend to be talented. Before AI, this video could have never been made. With AI, this video should never have been made. And, because everyone at the Judicial Conference was a captive audience, they have to dutifully applaud. No one will be watching this video in fifty years. I doubt anyone will be watching it in five days.</p>
<p>If I may draw a contrast, the award-winning Garland Walker Inn of Court in Houston puts on an annual musical review. This year, in honor of America 250, the Inn produced a show about those who signed the Declaration of Independence, and those who did not. It was funny, moving, and always entertaining. We are blessed in Houston to have such talented judges and lawyers (some of whom are my former students). Chief Judge Elrod and Judge Charles Eskridge were among the leads. One of the lead singers had performed on Broadway. The group did a reprise at the Fifth Circuit Judicial Conference. It was a rousing success.</p>
<p>Even during the pandemic, members of the Houston bench were able to produce a hilarious video inspired by Hamilton.</p>
<p><iframe title="&quot;We&#039;ll Be Back&quot; performed by the federal trial and appellate judges in Houston and Galveston." width="500" height="281" src="https://www.youtube.com/embed/-TJ1ohwAsgY?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video. Also, they should stop erasing Pauline Newman.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/19/the-dangerous-allure-when-untalented-people-use-ai/">The Dangerous Allure When Untalented People Use AI</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Bill Maher On The Blatant Double Standard For Antisemitism			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382480</id>
		<updated>2026-05-19T14:59:09Z</updated>
		<published>2026-05-19T14:59:09Z</published>
					<summary type="html"><![CDATA["But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse.  And that's how you know it's anti-Semitism. It's the inconsistency."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/">
			<![CDATA[<p>I am not a fan of Bill Maher. I saw him perform when I was a Summer Associate in 2008 in Washington, D.C. I found him far more smug than funny. Whatever. Not my cup of tea. But I was moved by his recent <a href="https://www.youtube.com/watch?v=BHOJCbRJu28">segment titled</a> "New Rule: No Jews, No News." He makes the obvious, and powerful point, that modern discourse about "colonialism" and "genocide" is simply anti-semitism dressed up in academic garb. It is also noteworthy that there were only scattered applauses in the crowd. The reliably liberal audience was unsure whether it was safe to laugh. Watch it all, or read the transcript after the jump.</p>
<p><iframe title="New Rule: No Jews, No News |  Real Time with Bill Maher (HBO)" width="500" height="281" src="https://www.youtube.com/embed/BHOJCbRJu28?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><span id="more-8382480"></span></p>
<blockquote><p>Since yesterday was Israel's birthday, having become a nation on May 14th, 78 years ago, everyone must either wish her a happy birthday or admit they're anti-Semitic.</p>
<p>Now, it's everyone's right in a free country to be anti-Semitic, but enough with hiding behind Israel or Zionism or Netanyahu.</p>
<p>If you think, as so many do now, that when it comes to human rights, Israel is the monster country of all time, you either don't read or you don't care about your own hypocrisy.</p>
<p>Because there are so many worse places. But that's where we are these days. No Jews, no news.</p>
<p>But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse.</p>
<p>And that's how you know it's anti-Semitism. It's the inconsistency.</p>
<p>People talk about Jews these days like something out of Stormfront, except it's not Stormfront.</p>
<p>It's an editor from The American Prospect, which is a venerable liberal publication that launched the careers of journalists like Ezra Klein.</p>
<p>And yet no one blinks when one of their editors says, "Israel is a brainwashed, psychopathic death cult that might need to be nuked to save the human race." Uh-huh.</p>
<p>People say the left and the right can't agree on anything these days. Well, there is this one thing they agree on. Right-winger Tucker Carlson has Nick Fuentes and Holocaust deniers on his podcast and wonders along with them,"Who really was the bad guy in World War II?" And The New York Times has on their podcast super leftist Hasan Piker, who they call "a progressive mind," and who says Zionists "should be treated the same as Nazis," which I assume means hung at Nuremberg.</p>
<p>That's what progressive is now? I guess so. The kids are sure into it. They went nuts last year at Coachella for Kneecap. That's the name of an Irish rap group. As if Ireland hasn't suffered enough. Their stage set is a sign that says, "Fuck Israel." And then they send a beach ball around the crowd.</p>
<p>Again, ha ha.</p>
<p>Because again, Israel is the only country in the world doing anything bad. I see why the meathead manosphere and the Code Pink people are on the same page. Because they both went to high school in America and they don't know anything.</p>
<p>So we really could someday soon have the tiki torch "Jews will not replace us" crowd and the Queers for Palestine people working together to elect the next Hitler. There's a North Carolina teenager who's been charged with plotting to drive through a synagogue to fulfill her life goal of killing "as many Jews as possible," because a kid's gotta have a dream. I'm just asking why in the world would this be the dream of some kid in North Carolina?</p>
<p>Why is it the dream of Dan Bilzerian, who's running as a Republican to win a House seat in Florida? Who's Dan Bilzerian? Well, he's a professional douchebag who's attracted 30 million followers by doing this all day and posting it. Yes, he'll fit in fine with the current congress And Dan is fairly typical of the guys in the manosphere when he says, "The only real battle in the world today that I see worth fighting is, fuckin', you know, exterminating Israel. I would sign up tomorrow to go fuckin' put boots on the ground and go fuckin' kill Israelis." Why? Why is this asshole's life about two things, getting more Viagra and exterminating the Jews?</p>
<p>Israel was founded on the idea that anti-Semitism made a Jewish state necessary because Jews would never be safe without one. Can you honestly listen to this rhetoric and not see why that turned out to be true? If you don't have the right-wingers on your side and you don't have the progressives, what do you have?</p>
<p>What's more progressive than college, where professors now say things that would make Kanye wince? Osman Umarji calls Zionists "bloodthirsty animals." Who's he, the leader of ISIS? No, he's a professor right here in California at UC Irvine. And Candace Owens agrees with his assessment of Jews as animals because she says, "Wherever they go, they bring their filth with them." Another "professor," Hamid Dabashi, says of Israelis, "They have a vulgarity of character that is bone deep and structural to the skeletal vertebrae of its culture." These are the kind of statements Goebbels would have read and said, "No notes." I mean, where are the Jewish space lasers when you need 'em?</p>
<p>Now, there are absolutely horrible things said about Muslims, too. That should also be, of course, roundly condemned, like Republican Congressman Randy Fine saying, "If they force us to choose, the choice between dogs and Muslims is not a difficult one." That's awful. But it's not the same as, "They need to be nuked," and "Let's exterminate them."</p>
<p>This is why Jewish people here and in Europe now say they sometimes hide their identity, afraid that the Star of David will get them attacked, as has happened in almost too many places to mention lately. Leave your Star of David at home. But the keffiyeh? You can wear that anywhere. You can wear it to Fiddler on the Roof and you'll get applause. Jew hatred isn't just acceptable now, it's cool. Celebrities love it and make it trendy. It's the new Che Guevara t-shirt.</p>
<p>The "Islamophobia is just as bad" argument is simply a false equivalency. Can you name a Jewish professor who talks about Muslims the way they get talked about? No. Anti-Jewish crimes, hate crimes, now outpace anti-Muslim hate crimes nine to one. It's not a contest, and I'm certainly not saying do more of the other.<br />
I'm just saying these are the numbers, the facts, the reality.</p>
<p>There is a frothing anxiousness for the literal extermination of this one group. And Democrats, where are you? If any other minority group was being talked about this way, you'd break out the kente cloth and have ten benefit concerts. But because you see that so many of your brainwashed-by-TikTok constituents now have an unfavorable view of Israel, you indulge them when you should be correcting them. You don't tell your woke idiots Israel isn't a colonizer or an apartheid state or committing genocide, and that if you brats had to spend a week anywhere in the Middle East other than Israel, you would understand what liberalism is not. All the people likely running for president now on the Democratic side want it known they don't take money from AIPAC, the Israeli lobby, a stance which gives permission to actual anti-Semites to say, "See? We're right about Israel. hat's dirty money from a dirty country." Oh, please, you take money from crypto, and factory farmers, and big tech, from Diddy, and Weinstein, and Epstein, but AIPAC is too far?</p>
<p>Let me just say this to all who ask me, "Why are you harder on the Democrats than you used to be?" Until you fix this whole issue, stop asking me.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/19/bill-maher-on-the-blatant-double-standard-for-antisemitism/">Bill Maher On The Blatant Double Standard For Antisemitism</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				What I Learned Shadowing California's Katana-Wielding Anti-Squatter Enforcers			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/" />
		<id>https://reason.com/?p=8382472</id>
		<updated>2026-05-19T14:33:53Z</updated>
		<published>2026-05-19T14:35:32Z</published>
			<category scheme="https://reason.com/latest/" term="Eviction Moratorium" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Property Rights" />		<summary type="html"><![CDATA[California's failure to eject squatters from the properties they've seized undermines the state's new housing laws. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/">
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										alt="In two separate photos, split down the middle, the left photo has a man in a leather jacket holding a baseball bat, and another man is wearing body armor and a baseball hat, while in the photo on the right stands a man wearing body armor, a long black jacket, and a holstered sword. | Christian Britschgi"
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		<p><span style="font-weight: 400;">Happy Tuesday, and welcome to another edition of </span><i><span style="font-weight: 400;">Rent Free</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">In this week's newsletter, I wanted to share a recent <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">feature story</a> I wrote for </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> about the strange world of California's professional squatter removal services. </span></p>
<p><span style="font-weight: 400;">For some time in February this year, I was camped out in an Airbnb in Oakland, California, shadowing James Jacobs, founder of ASAP Squatter Removal, as he went about his work of reclaiming properties from squatters with his trusty katana.  </span></p>
<p><code></code></p>
<p><span style="font-weight: 400;">It was a fascinating story to report out, and one that involved being in slightly dicier situations than this housing and zoning reporter is typically used to. The experience taught me a lot about the extreme edges of California's housing crisis and the limits of what </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> will allow me to expense for a story. (Body armor, yes. A sword, no.) </span></p>
<p>Truly, we are living in Neal Stephenson's <em><a href="https://en.wikipedia.org/wiki/Snow_Crash">Snowcrash</a>. </em></p>
<p><span style="font-weight: 400;">The reporting process yielded a few observations that didn't make it into the final draft, one of which I'll share here. </span></p>
<p><span style="font-weight: 400;">A major setting of the story is an apartment building off Oakland's International Boulevard that had been overrun by squatters. Jacobs had been hired by the owner to attempt to remove them. </span></p>
<p><span style="font-weight: 400;">Running down the middle of International Boulevard is a dedicated lane for the new Tempo bus rapid transit line. The lane was completed in 2020 for a <a href="https://web.archive.org/web/20201206094140/http://www.actransit.org/2020/08/07/ac-transit-tempo-opens-to-riders-sunday-august-9/">total cost of $232 million</a>. </span></p>
<p><span style="font-weight: 400;">That's a significant investment in new public transit infrastructure. Its presence means that properties along International Boulevard now qualify for new transit-oriented height and density allowances created by last year's <a href="https://reason.com/2025/09/16/in-california-yimbys-pass-holy-grail-zoning-reform/">Senate Bill 79</a>. </span></p>
<p><span style="font-weight: 400;">Thanks to S.B. 79, one can now build a six-story apartment building, at a density of 100 dwelling units per acre, within a quarter mile of the Tempo line. </span></p>
<p><span style="font-weight: 400;">The apartment building that features heavily in my story should be a prime candidate for redevelopment into more, better housing under S.B. 79. The two-story building that currently occupies the land is badly deteriorated, thanks in small part to the presence of squatters there. </span></p>
<p><span style="font-weight: 400;">Unfortunately, no one is in a position to do anything productive with the property so long as squatters continue to occupy it. It'll continue to be what it is today, a badly run-down apartment building that the owner and neighboring business owners say has been overrun by criminal activity. </span></p>
<p><span style="font-weight: 400;">As I detail in my story, California's law enforcement agencies typically refuse to remove squatters. Property owners who report squatters are invariably told they need to file for eviction in civil court to remove them. </span></p>
<p><span style="font-weight: 400;">That's inherently unreasonable. But California's civil court process is long. In that process, squatters can claim a host of procedural rights granted to legal tenants (which they are not) that stretches out the process for months, and in extreme cases, years. </span></p>
<p><span style="font-weight: 400;">The upshot is that the state does very little to protect the basic property rights of owners who see their units fall prey to squatters. </span></p>
<p><span style="font-weight: 400;">That's an injustice all on its own. It leads to a law-and-order problem when desperate property owners turn to gray-market squatter removal services to solve a problem the courts and the cops won't. </span></p>
<p><span style="font-weight: 400;">This lack of orderly property rights protections also undermines the efforts California's policymakers have put </span>into making its urban areas more affordable and transit-served.</p>
<p><span style="font-weight: 400;">All the upzoning laws and transit investments in the world won't induce the development of badly needed housing on a property that cannot be reclaimed from squatters who are occupying it illegally. </span></p>
<p><span style="font-weight: 400;">Even the best-conceived urban planning can't make up for the nonenforcement of basic property rights. </span></p>
<p><span style="font-weight: 400;">My feature is a little too long to fully include in this newsletter. Below is a short excerpt. If it piques your interest, I'd encourage everyone to read the <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">whole thing</a> at </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. </span></p>
<hr />
<h1><b>Samurai vs. Squatters</b></h1>
<p><span style="font-weight: 400;">"We're probably not going to use grenades on this one, right? Because I got 'em."</span></p>
<p><span style="font-weight: 400;">James Jacobs had hired a motley crew of toughs online to help him clear squatters out of an Oakland, California, apartment building. None of the hired muscle accept the offer of smoke grenades. They intend to complete this job with the baseball bats and firearms they brought from home.</span></p>
<p><span style="font-weight: 400;">"All right, let's do this," says Jacobs. He grabs his katana and sets off in his long black leather jacket toward the apartment. His improvised militia follows single-file behind him. Half a minute later, they confidently walk through the front door of a two-story building off of Oakland's busy International Boulevard.</span></p>
<p><span style="font-weight: 400;">From across the street, I watch them enter and wait anxiously for the sound of gunshots. </span></p>
<p><span style="font-weight: 400;">It was another battle in California's low-burning turf war between the squatters who invade homes and the enforcers hired to reclaim them.</span></p>
<p><span style="font-weight: 400;">Across the Golden State, uninvited occupants have taken over countless residential properties and then refused to vacate. Homes undergoing renovations, vacant rental units, and even whole apartment buildings have fallen prey to squatters. Once they move in squatters are very difficult to dislodge. The legal process to remove them is expensive and can take months or years.</span></p>
<p><span style="font-weight: 400;">In their desperation, owners are increasingly turning to a rising crop of private rights enforcers to solve the problem. That includes Jacobs and his company, ASAP Squatter Removal.</span></p>
<p><span style="font-weight: 400;">Jacobs claims to have developed a long list of tools and tactics that enable him to remove squatters far faster than the court system, all while staying within the bounds of the law. Chief among them is a weapon he carries on every job: a katana, a curved Japanese sword that's more synonymous with samurai warriors than clearing squatters.</span></p>
<p><span style="font-weight: 400;">"In most industries, swords just don't make any damn sense," Jacobs says. "In this particular one, it actually does." The lightly regulated katana, he explains, is an ideal weapon for indoor self-defense and intimidation.</span></p>
<p><span style="font-weight: 400;">It's also an ingenious marketing ploy in the competitive world of squatter removal services. Jacobs' company has received a healthy amount of media attention from local and international outlets that never fail to mention his sword in the headline.</span></p>
<p><span style="font-weight: 400;">According to Jacobs, his company has had a near-perfect success rate of removing squatters. </span></p>
<p><span style="font-weight: 400;">If they were Jacobs' only adversary, his katana might be the only weapon he needs. But ASAP Squatter Removal is engaged in a two-front war. His main competition comes from law enforcement agencies that are none too keen on ceding their monopoly on the use of force to people like Jacobs.</span></p>
<p><span style="font-weight: 400;">Every job that ASAP Squatter Removal performs requires it to dodge criminal charges. The company has had only mixed success on the latter front. In January, Jacobs and two associates were charged with a long list of felonies stemming from one of their jobs.</span></p>
<p><span style="font-weight: 400;">The legal and physical risks inherent in anti-squatter work are why California's landlords have called for more systemic reforms that would make Jacobs' business obsolete.</span></p>
<p><span style="font-weight: 400;">But with reforms stalled in the state Legislature, many property owners feel they have no choice but to turn to gray market services and the unique set of characters, with a very particular set of skills, willing to take on this dangerous work.</span></p>
<p><span style="font-weight: 400;">On the streets, it's samurai vs. squatters.</span></p>
<p>(Read the whole thing <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">here</a>.)</p>
<hr />
<h1><b>Quick Links </b></h1>
<ul>
<li>The latest House version of the 21st Century Road to Housing Act <a href="https://www.politico.com/live-updates/2026/05/13/congress/house-releases-housing-bill-text-vote-next-week-00920285">removes</a> an effective ban on build-to-rent housing that the Senate had included it's version of the bill. The bill retains restrictions on large institutional investors purchasing homes. A vote on the House's bill is expected this week.</li>
<li>Tokyo's housing is cheap, even if its land is incredibly expensive, <a href="https://www.abundanceandgrowth.org/p/tokyo-land-is-still-85-million-an?r=1af4e&amp;utm_campaign=post&amp;utm_medium=web&amp;utm_source=substack">writes</a> Alex Armlovich in a new essay.</li>
<li>In Illinois, a state upzoning <a href="https://www.wsj.com/politics/policy/yimby-has-arrived-in-illinois-and-some-cities-dont-like-it-1d21f742">bill</a> supported by Gov. J.D. Pritzker is encountering predictable opposition from the state's cities and towns.</li>
<li>The Trump administration <a href="https://www.msn.com/en-us/news/insight/trump-administration-sues-catholic-diocese-over-sacred-border-site/gm-GM8FCE47CF?gemSnapshotKey=GM8FCE47CF-snapshot-7&amp;ocid=ob-fb-dede-1519655180769">is using eminent domain</a> to seize a Catholic pilgrimage site on the U.S.-Mexico border as part of a border wall project.</li>
<li>The City Council of Providence, Rhode Island, failed to <a href="https://www.wpri.com/news/local-news/providence/last-ditch-effort-to-override-smileys-rent-control-veto-fails-at-providence-city-council/">overcome</a> Mayor Brett Smiley's veto of a rent control ordinance it had passed. On X, the mayor had some wise words about the failure of rent control in other cities.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The rent in Providence is too high and we need real solutions to bring down costs for families. And I understand why rent control sounds compelling, but the reality is that it has consistently been shown to hurt those it is meant to help. In Cambridge, in Berkeley, in Portland,&hellip; <a href="https://t.co/vEagSDrXca">pic.twitter.com/vEagSDrXca</a></p>
<p>&mdash; Mayor Brett Smiley (@PVDMayor) <a href="https://twitter.com/PVDMayor/status/2055432486591606976?ref_src=twsrc%5Etfw">May 15, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/19/what-i-learned-shadowing-californias-katana-wielding-anti-squatter-enforcers/">What I Learned Shadowing California&#039;s Katana-Wielding Anti-Squatter Enforcers</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Christian Britschgi]]></media:credit>
		<media:description type="html"><![CDATA[In two separate photos, split down the middle, the left photo has a man in a leather jacket holding a baseball bat, and another man is wearing body armor and a baseball hat, while in the photo on the right stands a man wearing body armor, a long black jacket, and a holstered sword.]]></media:description>
		<media:title><![CDATA[Squatters-Removal-5-15]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Squatters-Removal-5-15-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Union Summer			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/union-summer/" />
		<id>https://reason.com/?p=8382202</id>
		<updated>2026-05-19T13:24:07Z</updated>
		<published>2026-05-19T13:30:27Z</published>
			<category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Plus: Massie's race, self-driving cars, disputed bets, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/union-summer/">
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					width="1200"
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										alt="Striking LIRR workers | Credit: Anthony Behar/Sipa USA/Newscom"
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		</div>
		<p><strong>They're at it again: </strong>Yesterday, the unions representing the Long Island Rail Road (LIRR) workers <a href="https://www.nytimes.com/live/2026/05/18/nyregion/lirr-strike-update-long-island#lirr-strike-long-island">reached an agreement</a> with the Metropolitan Transportation Authority, the state agency that runs the railroad. It's not yet clear what's in the agreement, but the demands of the striking workers were rather extraordinary: Pay raises of 5 percent, plus three years of retroactive raises since their last contract was hammered out in 2022. This might make sense if they were destitute, but they are not: "More than 325 Long Island Rail Road workers are raking in over $100,000 a year in overtime on top of their lucrative salaries, with 11 of them netting at least twice that huge figure in OT," <a href="https://nypost.com/2026/05/18/us-news/hundreds-of-picketing-lirr-workers-make-100k-plus-in-overtime/">reports</a><em> New York Post</em> (below yesterday's perfect headline: "Gravy Train").</p>

<p>"The LIRR workers are already the best-compensated transit workers in the United States," the Manhattan Institute's Ken Girardin told the <em>Post. </em>Not wrong. Workers routinely game the overtime system to rake in huge amounts of cash beyond their (already-huge) union-negotiated sums: Supervising foreman Leonardo Espinosa, for example, earned $244,954 in overtime last year on top of his $129,483 salary. Jeffrey Davies (working the same role) brought in $233,808 in overtime on top of $130,291 base. And we haven't even started talking about pensions, and how overtime reporting factors in:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Sounds like they're working hard, right? Thing is though, LIRR has had repeated scandals about overtime fraud. And they look for ways to report massive overtime in their final years approaching retirement, massively spiking their pension payments for the rest of their lives. <a href="https://t.co/tYdzE4HZCA">https://t.co/tYdzE4HZCA</a></p>
<p>&mdash; Josh Barro (@jbarro) <a href="https://twitter.com/jbarro/status/2056343765380468937?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The LIRR—with its 270,000 daily commuters—brings a lot of value to the many residents of New York City's eastern suburbs (even if it does <em>us </em>the disservice of bringing the Lawnguylanders in*). But in this case, like many others, unions representing public employees have bilked taxpayers.</p>
<p>But wait, there's more!</p>
<p>Yesterday, union representatives advocating for hotel housekeepers reached a deal with management: The average pay of housekeepers at New York City hotels will, per the terms of the agreement, increase to over $100,000.</p>
<p>"The owners of nearly 250 hotels in the city reached agreement with the union, the Hotel and Gaming Trades Council, on an eight-year contract that would increase wages by more than 50 percent for workers, union officials said," <a href="https://www.nytimes.com/2026/05/18/nyregion/nyc-hotel-housekeepers-pay.html?smtyp=cur&amp;smid=tw-nytimes">reports</a> <em>The New York Times. </em>"The hotel owners will continue to pay the full cost of providing health-care benefits for 27,000 union members and their families." Here's another highlight: The new deal will "raise the pay of housekeepers from slightly below $40 an hour to more than $61 an hour by 2034."</p>
<p>New York City's average hotel room rates run around $335 a night. The union representatives seem confident that there's room for prices to be raised without demand being affected. I doubt this is true, and I think this type of market distortion will have bad results in the long run:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">These feel like the early innings of UK-style destruction of the price mechanism.</p>
<p>Regulatory capture + unions extracting fees through means that are not legible to the general public. The results — college grads can't find work, but housekeepers get $100K+ — are counterintuitive <a href="https://t.co/8gIAg2GNKK">https://t.co/8gIAg2GNKK</a></p>
<p>&mdash; John Loeber <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f3a2.png" alt="🎢" class="wp-smiley" style="height: 1em; max-height: 1em;" /> (@johnloeber) <a href="https://twitter.com/johnloeber/status/2056519188664250670?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>*I am sorry for lightly poking fun at Long Island but I will not stop. My husband is from there, so I've seen a little too much.</p>
<hr />
<p><strong>Voters' choice: </strong>Today, freedom fighter and national debt lapel pin wearer Thomas Massie goes up against former Navy SEAL Ed Gallrein in what has become <a href="https://www.washingtonpost.com/politics/2026/05/19/thomas-massie-faces-ed-gallrein-kentucky-gop-primary-with-massive-spending/">the most expensive U.S. House primary</a> on record down in Kentucky.</p>
<p>Followers of this newsletter are surely aware of how President Donald Trump absolutely hates Massie's guts. Massie has proven himself no sycophant, challenging the president first on the passage of a massive COVID relief bill, then on his spending, his relationship to Jeffrey Epstein, and his penchant for sinking boats in the Caribbean (the legality of which the Pentagon's internal watchdog <a href="https://www.bloomberg.com/news/articles/2026-05-18/pentagon-watchdog-will-probe-us-attacks-on-boats-in-the-caribbean?utm_source=website&amp;utm_medium=share&amp;utm_campaign=twitter">will investigate</a>).</p>
<p>Campaign spending has totaled over $32 million, mostly due to Trump-aligned and pro-Israel organizations attacking Massie. "Give me somebody with a warm body to beat Massie," Trump said back in March. ("And I got somebody with a warm body, but a big, beautiful brain and a great patriot," he <a href="https://www.nbcnews.com/politics/2026-election/rep-thomas-massie-confronts-full-force-trumps-wrath-republican-primary-rcna345257">followed up</a>.)</p>
<p>"When President Trump needs backup, Massie wants to debate process," <a href="https://www.washingtonpost.com/politics/2026/05/19/thomas-massie-faces-ed-gallrein-kentucky-gop-primary-with-massive-spending/">said</a> Secretary of War Pete Hegseth at a rally yesterday. "When the movement needs unity, especially at the biggest moments, Massie's willing to vote with Democrats." Yes. That's exactly why some of us like him: It's about principle, not blind allegiance to party. The role of a member of Congress is not to just give the president "backup."</p>
<p>"On Saturday, Trump successfully ousted Sen. Bill Cassidy, R-La., after <a href="https://www.nbcnews.com/politics/2026-election/trump-encourages-rep-julia-letlow-primary-sen-bill-cassidy-rcna254633" target="_blank" rel="noopener">recruiting and backing</a> a primary opponent, GOP Rep. Julia Letlow," <a href="https://www.nbcnews.com/politics/2026-election/rep-thomas-massie-confronts-full-force-trumps-wrath-republican-primary-rcna345257">notes</a> NBC News. "And earlier this month in Indiana, Trump <a href="https://www.nbcnews.com/politics/2026-election/indiana-legislators-primary-election-trump-redistricting-state-senate-rcna343321" target="_blank" rel="noopener">helped unseat GOP state lawmakers</a> whom he blamed for foiling his redistricting there." It looks very likely that Massie will be out come tomorrow, and Trump's power over Republicans in Congress will be further solidified.</p>
<hr />
<p><strong><em>Scenes from Texas: </em></strong>I got back from Texas yesterday, and on the transportation front, it's a glimpse of the future. I mentioned the peace of mind Tesla's self-driving capabilities gave me when having those cars around my toddler, playing on the driveway. But driverless Waymos have overtaken Austin, too (which may be <a href="https://www.bbc.com/news/articles/cwy2011dl4xo">in danger of being recalled</a> due to an incident in nearby San Antonio where a car got swept away in floodwaters, thankfully with no person inside), and <a href="https://en.wikipedia.org/wiki/Tesla_Cybercab">Tesla Cybercabs</a>—two-passenger driverless robotaxis—could be seen on the road, though it's not clear whether they're legal yet or in testing or what. Uber seems like it's basically going to be replaced by driverless fleets, and soon. Meanwhile, in my city, Mayor Zohran Mamdani has <a href="https://www.bloomberg.com/opinion/articles/2026-04-15/waymo-s-ban-in-manhattan-shows-how-not-to-regulate-autonomous-vehicles">stopped road testing</a> of Waymos.</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"Disputed bets are a growing headache for prediction markets, including Polymarket, as they contend with a <a class="ekxajjj0 css-i0lbhy-OverridedLink" href="https://www.wsj.com/finance/stocks/prediction-markets-options-be6d35c3?mod=article_inline" target="_blank" rel="noopener" data-type="link">surge of new traders</a> and dizzying growth in trading volume," <a href="https://www.wsj.com/finance/polymarket-bet-disputes-fb1b8c6a?mod=hp_lead_pos3">reports</a> <em>The Wall Street Journal. </em>"The platforms aim to write clear yes-or-no questions for traders to wager on. But the messiness of real-world events means it isn't always obvious which side was right." (More from "<a href="https://www.wsj.com/finance/polymarket-bet-disputes-fb1b8c6a?mod=hp_lead_pos3">The Mysterious Crypto Judges Who Settle Polymarket Disputes</a>.")</li>
<li>It looks like Hungary might be trying to <a href="https://www.bloomberg.com/news/articles/2026-05-18/hungary-central-bank-chief-says-he-won-t-hinder-magyar-euro-plan?srnd=homepage-americas">use the euro</a>.</li>
<li>"<a class="gtmContentClick" href="https://www.axios.com/2026/05/11/trump-cuba-pressure-military-action-talk" target="_self" data-vars-link-text="Cuba" data-vars-click-url="https://www.axios.com/2026/05/11/trump-cuba-pressure-military-action-talk" data-vars-content-id="61792edc-d271-446a-bcda-e371f12fe9e4" data-vars-headline="Exclusive: U.S. eyes attack-drone threat from Cuba" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link">Cuba</a> has acquired more than 300 military drones and recently began discussing plans to use them to attack the U.S. base at Guantanamo Bay, U.S. military vessels and possibly Key West, Fla., 90 miles north of Havana," <a href="https://www.axios.com/2026/05/17/us-military-drones-cuba">reports</a> <em>Axios</em>, having received some classified intelligence.</li>
<li>"Three people were killed at a mosque in San Diego on Monday in a shooting authorities said they were investigating as a hate crime," <a href="https://www.wsj.com/us-news/san-diego-mosque-shooting-50142167?mod=hp_lead_pos6">reports</a> <em>The Wall Street Journal. "</em>Two teenage gunmen are believed to have killed three men, including a security guard, at the Islamic Center of San Diego, Police Department Chief Scott Wahl said at a news briefing Monday. Authorities said one of the shooters was a teenager whose mother reported him missing hours earlier."</li>
<li>The only group of refugees the president seems to like:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">SCOOP: The Trump administration is proposing increasing the refugee admissions ceiling for fiscal year 2026 to 17,500 for White South Africans, according to an emergency determination sent to Congress and obtained by CNN. That&#39;s an increase of 10,000.</p>
<p>&mdash; Priscilla Alvarez (@priscialva) <a href="https://twitter.com/priscialva/status/2056525692041298122?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Kind of a strange rhetorical turn on Taiwan (and allegations of chip stealing make no sense):</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Trump on Taiwan: When you look at the odds, China is very, very powerful, big country. That&#39;s a very small island. Think of it, it&#39;s 59 miles away. We&#39;re 9500 miles away. That&#39;s a little bit of a difficult problem. Taiwan was developed because we had presidents that didn&#39;t know&hellip; <a href="https://t.co/bKhDQ65vTS">pic.twitter.com/bKhDQ65vTS</a></p>
<p>&mdash; Acyn (@Acyn) <a href="https://twitter.com/Acyn/status/2055412013715825116?ref_src=twsrc%5Etfw">May 15, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/19/union-summer/">Union Summer</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Credit: Anthony Behar/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Striking LIRR workers]]></media:description>
		<media:title><![CDATA[LIRR-Strike-5-19]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/LIRR-Strike-5-19-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Instead, Claude Just Made Up More Stuff"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/instead-claude-just-made-up-more-stuff/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382419</id>
		<updated>2026-05-19T04:24:56Z</updated>
		<published>2026-05-19T12:47:26Z</published>
			<category scheme="https://reason.com/latest/" term="AI in Court" />		<summary type="html"><![CDATA["How [plaintiff's lawyer] then could have blindly and solely trusted Claude to remedy the brief is difficult to fathom."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/instead-claude-just-made-up-more-stuff/">
			<![CDATA[<p>From <a href="https://storage.courtlistener.com/recap/gov.uscourts.lawd.207038/gov.uscourts.lawd.207038.70.0.pdf"><em>Brooks v. Lowes Home Centers LLC</em></a>, decided yesterday by Judge Jerry Edwards, Jr. (W.D. La.):</p>
<blockquote><p>In resolving a prior motion in this case, the Court discovered that the plaintiff's briefs contained misquoted or mischaracterized precedent&hellip;. Mr. Wilkins[, one of plaintiff's lawyers,] took full responsibility. Wilkins explained that he utilized an artificial intelligence ("AI") platform, Claude, to generate the brief. As part of his process, Mr. Wilkins had Claude's draft reviewed by a human law clerk, who discovered that Claude had hallucinated quotations. Mr. Wilkins then confronted Claude with the identified errors and entrusted Claude to correct them. Instead, Claude just made up more stuff. Mr. Wilkins filed that second output into the record without review.</p>
<p>To prevent this from happening again, Mr. Wilkins will have "a human with a law degree" perform a final check of every citation and quotation before filing briefs with the Court. Now for the Court's sanction.</p>
<p>We commend Mr. Wilkins for his candor, honesty, and the remedial measures he has undertaken since the filing of the offending brief. But these mitigating factors do not excuse Mr. Wilkins' conduct. "At the very least, the duties imposed by Rule 11 require that attorneys read, and thereby confirm the existence and validity of, the legal authorities on which they rely." Unchecked, unleashing AI on the Court creates a "burden." Ignorance of the risks of AI usage is no longer an excuse. And here, Mr. Wilkins affirmatively knew the risks. How he then could have blindly and solely trusted Claude to remedy the brief is difficult to fathom.</p></blockquote>
<p>Wilkins was therefore sanctioned $1000.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/19/instead-claude-just-made-up-more-stuff/">&quot;Instead, Claude Just Made Up More Stuff&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Paul Cassell</name>
							<uri>https://reason.com/people/paul-cassell/</uri>
					</author>
					<title type="html"><![CDATA[
				Should a Murder Victim Have Rights in the Criminal Justice Process?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/should-a-murder-victim-have-rights-in-the-criminal-justice-process/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382108</id>
		<updated>2026-05-17T14:11:25Z</updated>
		<published>2026-05-19T12:15:05Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="victim impact statement" /><category scheme="https://reason.com/latest/" term="victims" />		<summary type="html"><![CDATA[The conventional view in American criminal justice is that the victim's representative should be able to assert rights on behalf of the deceased victim in a homicide case--a view that Professor Peter Reilly and I defend in a new law review article.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/should-a-murder-victim-have-rights-in-the-criminal-justice-process/">
			<![CDATA[<p>In every state and in the federal criminal justice system, when a crime victim is killed, the law allows a family member or other representative to step into the victim's shoes and assert the victim's rights. That framework has become a routine and influential feature of modern criminal justice, embedded in statutes, constitutional provisions, and everyday courtroom practice. Yet despite its centrality, the justifications for this arrangement have received relatively little sustained scholarly attention. That gap has become more apparent following Professor Lee Kovarsky's recent article, "<a href="https://michiganlawreview.org/journal/the-victims-rights-mismatch/">The Victims' Rights Mismatch</a>," which offers a serious and thoughtful challenge to prevailing assumptions about deceased-victim representation and calls for sharply limiting victims' rights in such cases.</p>
<p>In a new article <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6735438">available on SSRN</a> (and soon to be published in the <em>U.C. Irvine Law Review</em>), Professor Peter Reilly and I defend the conventional wisdom. Our article explains why a victim's death does not extinguish the justification for victim participation when that participation is exercised through a representative. Drawing on history, doctrine, and experience in actual criminal litigation, our article shows that representation of deceased victims is deeply rooted in Anglo-American law and consistent with related doctrines such as survival actions. It further demonstrates that the core justifications for victims' rights—expressive, participatory, and institutional—do not disappear when asserted through a representative. Nor does representative participation reduce sentencing to judgments of "social worth."</p>
<p>Finally, through a detailed examination of <em>United States v. Boeing</em>—the deadliest corporate crime in U.S. history, arising from two Boeing 737 MAX crashes (as I have blogged about previously <a href="https://reason.com/volokh/2025/11/17/victims-families-ask-the-fifth-circuit-to-overturn-the-dismissal-of-the-criminal-case-against-boeing/">here</a>, <a href="https://reason.com/volokh/2025/06/19/can-federal-prosecutors-avoid-judicial-review-of-dismissal-motions-by-agreeing-in-advance-with-a-defendant-not-to-prosecute/">here</a>, and <a href="https://reason.com/volokh/2026/03/31/a-fifth-circuit-bait-and-switch-to-ignore-crime-victims-rights/">here</a>)—our article illustrates how deceased-victim representation operates in practice as an important check on prosecutorial discretion and as a safeguard for transparency, accountability, and public confidence in the criminal justice system.</p>
<p>To give you a flavor our argument, here's our introduction:<span id="more-8382108"></span></p>
<blockquote><p>A generally recognized legal principle in every state and the federal criminal justice system is that, when a victim is killed by an alleged criminal, a family member or other appropriate representative can step into the shoes of the victim and participate in criminal justice proceedings. The theory is that, because the victim is deceased, someone should be allowed to represent the victim and exercise rights on the victim's behalf. In a recent article, Professor Lee Kovarsky challenges this widely accepted approach. In "The Victims' Rights Mismatch," Kovarsky finds representation for deceased victims "puzzling." He contends that, in such "third-party" scenarios, the justifications for victim participation and influence collapse.</p>
<p>We disagree. While Professor Kovarsky's important and thoughtful article is the first to analyze these issues at any length, ultimately it fails to make a convincing case against the conventional wisdom. When a victim has been killed as the result of a crime, it  remains appropriate and useful for a representative of the victim to assert the victim's rights. A recent criminal case—United States v. Boeing— illustrates the importance of victims' representatives' participation. Strong institutional and instrumental justifications exist for allowing representatives to assert victims' rights.</p>
<p>This Article makes the case for deceased-victim representation in criminal proceedings in five steps. Part I describes the legal framework and factual circumstances surrounding rights of victims of deadly crimes. The Article first explains how, in all states and the federal criminal justice system, representatives for victims of lethal crimes step into the victims' shoes to assert rights. Although these representatives (often family members) may have been harmed in and of themselves by the crime, this Article focuses on—and defends—victims' representatives asserting rights on behalf of deceased victims. Such representation is the historically accepted approach in this country. Part I concludes with a factual description of the kinds of crimes involving deceased victims. Although Professor Kovarsky asserts that such crimes are "almost always homicide cases with a harsh penalty," many criminal cases in fact involve a defendant who caused a death without the case being classified as a homicide.</p>
<p>Part II illustrates the importance of representation for deceased victims. In United States v. Boeing, the Boeing Company killed 346 people as a direct and proximate result of its conspiracy to defraud the Federal Aviation Administration (FAA) about the safety of the  Boeing 737 MAX aircraft. In this case, the "deadliest corporate crime in U.S. history," the families of the 346 victims served an important checking function on the prosecutors—a valuable role that Professor Kovarsky fails to recognize. And this checking function also exists in the law of other countries.</p>
<p>Part III turns to broader institutional reasons why representatives of deceased victims should be able to participate in criminal proceedings. This approach tracks other bodies of law, where after death the interests of a deceased person transfer to a representative. Indeed, it would be odd to extend participatory rights to persons injured by crimes but not to those actually killed. And representation of deceased-persons can help provide important information to judges handling criminal cases—information that turns on the unique value of the individual who was killed, rather than the social worth of that individual.</p>
<p>Part IV discusses instrumental reasons for allowing representatives of deceased victims to participate in criminal cases. First, having the victims' voices heard enhances the legitimacy of criminal proceedings. Second, allowing victims' representatives (such as families) to participate in criminal proceedings may have therapeutic benefits, regardless of any impact on the outcome. Third, victims' representatives can help judges reach appropriate outcomes in criminal cases, such as awarding appropriate restitution. Fourth, by delivering victim impact statements, victims' representatives can drive home to criminal defendants their crimes' full impact, which may help in rehabilitating defendants. Finally, at sentencing, deceased-victims' representatives can help serve a public educative function.</p>
<p>Part V responds to Professor Kovarsky's policy proposal of a system of "tiered" rights. Under the plan, deceased-victims' representatives would receive some, but not all, of the panoply of crime victims' rights. Notably, Kovarsky would extend a right to restitution, a right that necessarily involves representatives participating in criminal proceedings. Given that representatives would necessarily be participating extensively  in restitution proceedings, there is little justification for excluding them from other aspects of the case.</p>
<p>The Article briefly concludes by observing that eliminating representation for deceased victims would be swimming upstream against an overwhelming tide of public opinion in this country. On the issue of whether deceased victims should have a voice in the  process, this widely shared conception of justice is well-founded.</p></blockquote>
<p>This issue of deceased-victim representation is an important one, and I hope our article leads to more discussion of the issue. You can download our whole article <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6735438">here</a>.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/05/19/should-a-murder-victim-have-rights-in-the-criminal-justice-process/">Should a Murder Victim Have Rights in the Criminal Justice Process?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Plaintiff's Immigration Concerns Don't Justify Pseudonymity			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/plaintiffs-immigration-concerns-dont-justify-pseudonymity/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382128</id>
		<updated>2026-05-17T19:48:34Z</updated>
		<published>2026-05-19T12:01:20Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[From Thursday's decision by Magistrate Judge JoAnna Gibson McFadden in Doe v. Amazon.com Servs. LLC: Jane Doe has sued Amazon.com&#8230;
The post Plaintiff&#039;s Immigration Concerns Don&#039;t Justify Pseudonymity appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/plaintiffs-immigration-concerns-dont-justify-pseudonymity/">
			<![CDATA[<p>From Thursday's decision by Magistrate Judge JoAnna Gibson McFadden in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.ncmd.104487/gov.uscourts.ncmd.104487.7.0.pdf">Doe v. Amazon.com Servs. LLC</a></em>:</p>
<blockquote><p>Jane Doe has sued Amazon.com Services LLC for employment discrimination and seeks to proceed under a pseudonym in all public filings&hellip;.</p>
<p>In short, Doe is concerned that naming herself publicly in this suit will somehow impair her ability to acquire documents necessary for her pending permanent residency application&hellip;. According to her motion, she is present in the United States on an employer-sponsored work authorization, and her lawful status "is dependent on maintaining continuous, non-disrupted employment." She "is engaged in an active employment-based permanent residency process," and her "permanent residency application is currently pending before the United States Department of Labor." This process "consists of multiple sequential stages that must be completed in a defined order and within specific timing constraints." Once the Department of Labor completes its review, Doe "must initiate the next phase within approximately three months" and must complete the phase in "December of this year."</p>
<p>Among the materials Doe must submit and verify is "detailed experience documentation, including letters from prior employers describing specialized skills."  &hellip; She acquired "a substantial portion of the specialized skills that [she] must document" while she worked for the defendant. She "must therefore rely on documentation, verification, or references associated with Defendant, or individuals associated with Defendant, to satisfy immigration requirements." &hellip;</p>
<p>Doe contends that "[p]ublic identification of [her] in connection with this [employment discrimination] litigation creates a material risk of impairing [her] ability to obtain necessary cooperation, references, or documentation from the limited available sources during this critical period" of her immigration process. "Delays in obtaining required documentation within the relevant window may affect the sequencing and timing of subsequent stages." &hellip;</p></blockquote>
<p><span id="more-8382128"></span></p>
<blockquote><p>She argues that she "faces concrete, time-sensitive[, particularized] harm that extends beyond generalized reputational concerns" and "creates a specific vulnerability not shared by most litigants." "[D]elays in obtaining required documentation could disrupt the sequencing of her permanent residency application and jeopardize her lawful status."</p>
<p>Doe describes her "request [as] narrowly tailored" "to prevent public dissemination that would occur through routine internet searches of court filings." The defendant already knows her identity, and granting her motion would not prejudice the defendant's ability to defend itself.</p>
<p>She also contends that "the public interest in open proceedings is not substantially impaired by permitting pseudonymous litigation in this case" because her "claims involve private employment matters rather than governmental action or matters of significant public concern" and "the factual and legal issues in this case can be fully understood and evaluated without public knowledge of [her] specific identity." &hellip;</p>
<p>Rule 10(a) of the Federal Rules of Civil Procedure requires that "[t]he title of the complaint &hellip; name all parties &hellip;." As the Fourth Circuit recently explained,</p>
<blockquote><p>There is a presumption that parties must sue and be sued in their own names.</p>
<p>Pseudonymous litigation undermines the public's right of access to judicial proceedings because [t]he public has an interest in knowing the names of the litigants, and disclosing the parties' identities furthers openness of judicial proceedings. For that reason, few cases warrant anonymity, and few litigants request it.</p></blockquote>
<p>Matters of a sensitive and highly personal nature involve sexual assault victims, minors, birth control, welfare cases involving minors born to unmarried parents, homosexuality, "and other particularly vulnerable parties or witnesses."</p>
<p>Doe's suit is not of similar ilk. She is suing the defendant for national origin discrimination and alleges that her new management team wrongfully criticized her work, put her on a Focus Plan with no objective performance standards, and did so immediately after she complained about management. Her complaint has no sensitive or highly personal allegations that warrant protection.</p>
<p>To the extent that Doe is claiming some sort of immigration-related privacy interest, <em>Doe v. Merten</em> (E.D. Va. 2004), is instructive. In <em>Merten</em>, the plaintiffs challenged the alleged policies of Virginia colleges "to deny admission to illegal alien applicants" even though "they fall within the acceptable academic ranges for admissions." The plaintiffs sought approval to proceed pseudonymously, claiming "that if they are required to reveal their identities, the federal government will seek to deport them or their families and they will thus likely decide not to proceed with this suit, effectively rendering them unable to vindicate their rights in this matter."</p>
<p>The court found that the plaintiffs had not demonstrated the need to preserve privacy in a sensitive and highly personal matter. "This is so because unlawful or problematic immigration status is simply not the type of 'personal information of the utmost intimacy' that warrants abandoning the presumption of openness in judicial proceedings&hellip;.</p>
<p>Doe also fails to show that publicly identifying her as the plaintiff in this action will pose a risk of retaliatory physical or mental harm to her or "more critically" a non-party.</p>
<p>Her concern that "[p]ublic identification in connection with employment discrimination litigation against her former employer creates a material risk of impairing [her] ability to obtain critical documentation from limited available sources" is speculative. This will not suffice. Specifically, there is no information suggesting that the defendant would not timely respond to her request for employment verification.</p>
<p>Furthermore, the defendant knows that Doe filed a charge with the Equal Employment Opportunity Commission ("EEOC"). And, in support of her motion, Doe argues that she "does not seek to conceal her identity from Defendant." There is thus no evidence that identifying Doe here would provide additional retaliatory incentive.</p>
<p>Likewise, there is nothing to suggest her current or future employer would take adverse action against her for suing her former employer. Other than the defendant, who already knows of Doe's EEOC charge and will know of her suit, Doe provides no information from which the court can determine who would retaliate against her.</p>
<p>In addition, the defendant's potential unwillingness to provide documentation (or to the extent her motion refers to retaliation by her current or future employer) is not the type of retaliation courts have recognized supports anonymity&hellip;. "&hellip; [P]seudonymity has not been permitted when only the plaintiff's economic or professional concerns are involved" &hellip;. [C]oncern about current and future employment is insufficient to support anonymity &hellip;.</p>
<p>Regarding immigration-related retaliation, <em>Merten </em>is again instructive. As described above, the plaintiffs challenged the alleged policies of colleges "to deny admission to illegal alien applicants" even though "they fall within the acceptable academic ranges for admissions." They sought approval to proceed pseudonymously, claiming "that if they are required to reveal their identities, the federal government will seek to deport them or their families and they will thus likely decide not to proceed with this suit, effectively rendering them unable to vindicate their rights in this matter."</p>
<p>The court found that this was an insufficient threat of retaliation &hellip;. The plaintiffs relied on a memorandum from the Office of the Attorney General of Virginia that urged colleges "to report undocumented students to federal authorities." But the court found that "there is no sound reason to believe that disclosure of plaintiffs' identities in this suit increases their chances of being deported." "In the first place, the federal government is already aware of each plaintiff's immigration status." &hellip;</p>
<p>Doe's stated privacy interests—avoiding a speculative risk of retaliation and/or adverse actions by future employers—do not outweigh the public's right of access to judicial proceedings. She has accused her employer of discrimination based on her national origin. Under well-settled case law, the public's right of access to the related proceedings is crucial for the public's continued trust in the rule of law and the judiciary and, therefore, outweighs Doe's privacy interests. Because Rule 10(a) requires that the complaint name all parties, Doe must file an amended complaint using her real name to proceed&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/19/plaintiffs-immigration-concerns-dont-justify-pseudonymity/">Plaintiff&#039;s Immigration Concerns Don&#039;t Justify Pseudonymity</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Damon Root</name>
							<uri>https://reason.com/people/damon-w-root/</uri>
						<email>damon.root@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Ranking the Worst Supreme Court Decisions of All Time			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/ranking-the-worst-supreme-court-decisions-of-all-time/" />
		<id>https://reason.com/?p=8382322</id>
		<updated>2026-05-18T20:40:14Z</updated>
		<published>2026-05-19T11:00:49Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Race" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[What cases belong on the list?]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/ranking-the-worst-supreme-court-decisions-of-all-time/">
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		<p>When <em>Reason</em> magazine <a href="https://reason.com/issue/december-2018/">celebrated</a> its 50th anniversary back in 2018, I helped mark the occasion with a <a href="https://reason.com/2018/11/18/the-5-worst-supreme-court-ruli/">column</a> about "the 5 worst Supreme Court rulings of the past 50 years," a list that featured destructive and far-reaching decisions on issues ranging from qualified immunity to eminent domain.</p>
<p>I got to thinking about that list when I noticed that yesterday was the 130th anniversary of one of the worst Supreme Court rulings of all time, the Court's notorious decision in <em><a href="https://scholar.google.com/scholar_case?case=16038751515555215717&amp;q=plessy+v+ferguson&amp;hl=en&amp;as_sdt=6,33">Plessy v. Ferguson</a> </em>(1896), which upheld a Louisiana law that forbade railroad companies from selling first-class tickets to black passengers. The Supreme Court purported to justify this obvious violation of liberty on the grounds that "the competency of the state legislatures in the exercise of their police power" should not be subjected to meddlesome second-guessing by the judiciary.</p>
<p><em>Plessy</em> is the case, of course, which enshrined the notorious pro-Jim Crow doctrine of "separate but equal," a doctrine that stood as the law of the land until the Supreme Court finally reversed course in <em>Brown v. Board of Education </em>(1954). <em>Plessy</em> thus surely belongs at or near the top of any list of the worst SCOTUS decisions ever made.</p>
<p>What else should be on there?</p>

<p><em><a href="https://scholar.google.com/scholar_case?case=3231372247892780026&amp;q=dred+scott+v+sandford&amp;hl=en&amp;as_sdt=6,33">Dred Scott v. Sandford</a></em> (1857), which said that black Americans "are not included, and were not intended to be included, under the word 'citizens' in the Constitution," also clearly belongs in the hall of shame. Indeed, the legal and intellectual travesty of that ruling was exposed in real time via the dissenting opinion of Justice Benjamin Curtis, who pointed out:</p>
<blockquote><p>At the time of the ratification of the Articles of Confederation, all free native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though descended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens.</p></blockquote>
<p>This means that when the U.S. Constitution came up for ratification in 1787–1788, a number of black Americans were literally among "the people" who "ordained and established" the document by participating in its ratification as lawful electors in the above-named states.<em> Dred Scott</em>'s pro-slavery holding ignored this clear historical evidence and trampled on the actual events of the founding.</p>
<p>Another awful Supreme Court decision that should be included in our parade of horribles is <em><a href="https://scholar.google.com/scholar_case?case=17472067348800549778&amp;q=korematsu+v+united+states&amp;hl=en&amp;as_sdt=6,33">Korematsu v. United States</a></em> (1944), which upheld President Franklin D. Roosevelt's wartime internment of innocent Japanese-American citizens. You will probably not be surprised to learn or recall that this blatant violation of civil liberties was justified by the Supreme Court on the all-too-familiar grounds that the executive branch <a href="https://reason.com/2025/10/23/what-the-japanese-internment-case-teaches-about-judicial-deference-to-presidential-power/">is entitled to receive broad judicial deference</a> during an emergency.</p>
<p>Much like what happened in <em>Dred Scott</em>, the flaws of the <em>Korematsu</em> judgment were also exposed in real time by a dissenting member of the Court. "It is essential that there be definite limits to military discretion, especially where martial law has not been declared," protested Justice Frank Murphy. "Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support."</p>
<p>Now it's my turn to ask you, the readers, to weigh in with your own votes. What other cases belong on the list of the worst SCOTUS decisions of all time? Email me at <span draggable="true"><a href="mailto:injusticesystem@reason.com" target="_blank" rel="noopener noreferrer" aria-haspopup="menu">injusticesystem@reason.com</a></span>. Also, if you'd like to subscribe to this newsletter (it's free), you can sign up <span draggable="true"><a href="https://subscribe.reason.com/injustice-system-landing-page/?utm_source=injustice_system&amp;utm_medium=social_reason_non_paid&amp;utm_campaign=reason_newsletters" target="_blank" rel="noopener noreferrer">right here</a></span>. Perhaps <em><a href="https://scholar.google.com/scholar_case?case=12565118578780815007&amp;q=slaughterhouse+cases&amp;hl=en&amp;as_sdt=6,33">The Slaughter-House Cases</a> </em>(1873), which gutted the 14th Amendment's Privileges or Immunities Clause? Or what about <em><a href="https://scholar.google.com/scholar_case?case=1700304772805702914&amp;q=buck+v.+bell&amp;hl=en&amp;as_sdt=6,33">Buck v. Bell</a></em> (1927), which upheld a state eugenics law that permitted the forced sterilization of the "feebleminded and socially inadequate"?</p>
<p>If enough votes are cast, I'll discuss the results in a future newsletter.</p>
<p>The post <a href="https://reason.com/2026/05/19/ranking-the-worst-supreme-court-decisions-of-all-time/">Ranking the Worst Supreme Court Decisions of All Time</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[An illustration of a train]]></media:description>
		<media:title><![CDATA[05.18.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 19, 1921			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/today-in-supreme-court-history-may-19-1921-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340710</id>
		<updated>2025-07-12T04:25:33Z</updated>
		<published>2026-05-19T11:00:47Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/19/1921: Chief Justice Edward Douglass White dies.
The post Today in Supreme Court History: May 19, 1921 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/today-in-supreme-court-history-may-19-1921-7/">
			<![CDATA[<p>5/19/1921: <a href="https://conlaw.us/courts/the-white-court/">Chief Justice Edward Douglass White</a> dies.</p> <figure id="attachment_8053011" aria-describedby="caption-attachment-8053011" style="width: 236px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8053011" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/1910-White-CJ-236x300.jpg" alt="" width="236" height="300" srcset="https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-236x300.jpg 236w, https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-805x1024.jpg 805w, https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-768x977.jpg 768w, https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-1208x1536.jpg 1208w, https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-1610x2048.jpg 1610w, https://reason.com/wp-content/uploads/2020/03/1910-White-CJ-scaled.jpg 2013w" sizes="(max-width: 236px) 100vw, 236px" /><figcaption id="caption-attachment-8053011" class="wp-caption-text">Chief Justice Edward Douglass White</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/19/today-in-supreme-court-history-may-19-1921-7/">Today in Supreme Court History: May 19, 1921</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ronald Bailey</name>
							<uri>https://reason.com/people/ronald-bailey/</uri>
						<email>rbailey@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Coffee Is Good for Your Brain			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/coffee-is-good-for-your-brain/" />
		<id>https://reason.com/?p=8378377</id>
		<updated>2026-04-24T13:18:30Z</updated>
		<published>2026-05-19T10:00:01Z</published>
			<category scheme="https://reason.com/latest/" term="Coffee" /><category scheme="https://reason.com/latest/" term="Food" /><category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Science" /><category scheme="https://reason.com/latest/" term="Aging" /><category scheme="https://reason.com/latest/" term="Brain" /><category scheme="https://reason.com/latest/" term="Research" />		<summary type="html"><![CDATA[Researchers tracked 130,000 people for over 40 years and found coffee was associated with reduced risk of dementia.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/coffee-is-good-for-your-brain/">
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		<p>Greek immigrant Pasqua Rosée opened the first coffeehouse in London outside the Royal Exchange in 1652. In his <a href="https://publicdomainreview.org/essay/the-lost-world-of-the-london-coffeehouse/">advertising handbill</a> on "The Vertue of the COFFEE Drink," Rosée claimed that coffee was "a most excellent Remedy against" all manner of ills, including consumption, dropsy, gout, scurvy, "the Kings Evil" (scrofula), and miscarriages.</p>
<p>Although Rosée may have been exaggerating, modern medicine strongly suggests he had a point. Drinking coffee is associated with a wide range of health benefits.</p>
<p>Caffeine is the most <a href="https://edhub.ama-assn.org/pages/how-coffee-affects-patient-health">widely used</a> legal psychoactive drug in the world. Nearly two-thirds of American adults get their <a href="https://www.prnewswire.com/news-releases/more-americans-drink-coffee-each-day-than-any-other-beverage-bottled-water-back-in-second-place-302428696.html">daily doses</a> from coffee, according to a 2025 National Coffee Association poll, and they seem to be getting more than a jolt of energy.</p>
<p>A study published by <em>JAMA</em> in February tracked the brain health of 130,000 people for more than 40 years. It found that moderate daily consumption of coffee was associated with a <a href="https://bvnguyentriphuong.com.vn/uploads2025/userfiles/1/files/jama_zhang_2026_oi_250127_1770048716_20569.pdf">reduced risk of dementia</a> and slower cognitive decline. The researchers reported that dementia risk was 18 percent lower in people who drank up to five cups of coffee a day compared to those who drank little or none. Surprisingly, dementia risk was similarly reduced for carriers of the APOE4 allele, which confers a higher risk of Alzheimer's disease. Caffeine seems to be the key, since people who drank decaffeinated coffee did not experience any cognitive benefits.</p>
<p>A roundup of studies compiled by the National Center for Health Research (NCHR), a nonpartisan think tank in Washington, D.C., <a href="https://www.center4research.org/coffee-health-benefits-outweigh-risks/">details</a> the manifold other health benefits of drinking coffee. The NCHR cites a 2018 study in <em>JAMA Internal Medicine</em> that correlated coffee consumption with <a href="https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2686145">health outcomes</a> among more than half a million people in the United Kingdom. The researchers found that coffee drinking was inversely associated with mortality over a 10-year period. Compared to nondrinkers, people who drank one cup a day were 8 percent less likely to die, while the mortality rate for those who quaffed six to seven cups daily was 16 percent lower.</p>
<p>During a 10-year period, a 2025 <em>European Heart Journal</em> study of 40,000 Americans <a href="https://pubmed.ncbi.nlm.nih.gov/39776171/">found</a>, morning coffee drinkers were 16 percent less likely than nondrinkers to die of any cause and 31 percent less likely to die of heart disease. Afternoon drinkers did not experience those benefits. The NCHR also cites studies indicating that drinking coffee reduces the risks of colorectal cancer by 11 percent to 24 percent, endometrial cancer by 19 percent, Parkinson's disease by 30 percent to 60 percent, and Type 2 diabetes by 33 percent.</p>
<p>Coffee drinkers have enjoyed the beverage's benefits for centuries and will do so for years to come. After all, Starfleet Capt. Kathryn Janeway in the 24th century <a href="https://memory-alpha.fandom.com/wiki/Coffee">declared</a> coffee "the finest organic suspension ever devised."</p>
<p>The post <a href="https://reason.com/2026/05/19/coffee-is-good-for-your-brain/">Coffee Is Good for Your Brain</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Joanna Andreasson Source images: iStock]]></media:credit>
		<media:description type="html"><![CDATA[A cup of coffee with latte art depicting a brain]]></media:description>
		<media:title><![CDATA[topicsscience]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Let's See Some ID			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/19/brickbat-lets-see-some-id-3/" />
		<id>https://reason.com/?p=8382243</id>
		<updated>2026-05-19T04:25:38Z</updated>
		<published>2026-05-19T08:00:42Z</published>
			<category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[The British government is considering a law that could include internet curfews for younger users and restrictions across services ranging&#8230;
The post Brickbat: Let&#039;s See Some ID appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/19/brickbat-lets-see-some-id-3/">
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		<p>The British government is <a href="https://www.theregister.com/security/2026/05/06/uk-age-gating-plans-risk-breaking-the-internet-privacy-groups-warn/5230732">considering</a> a law that could include internet curfews for younger users and restrictions across services ranging from games and VPNs to websites. Critics say this will require everyone—not just children—to prove their age to use the internet. Privacy groups, tech companies, and civil liberties organizations warned that the proposal could damage online privacy, weaken anonymity, and turn the web into a "patchwork" of age-restricted spaces. They add that mandatory age checks could create major security risks if personal information is leaked or hacked. Supporters believe stronger protections are needed to keep children safe online.</p>
<p>The post <a href="https://reason.com/2026/05/19/brickbat-lets-see-some-id-3/">Brickbat: Let&#039;s See Some ID</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney/Prykhodov/Dreamstime/Open Rights Group]]></media:credit>
		<media:description type="html"><![CDATA[A cell phone with a facial scanning app]]></media:description>
		<media:title><![CDATA[uk-age-proof-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/uk-age-proof-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/open-thread-209/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382159</id>
		<updated>2026-05-19T07:00:00Z</updated>
		<published>2026-05-19T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/open-thread-209/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/19/open-thread-209/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/19/chief-judge-moore-commissions-bizarre-ai-cartoon-about-the-federal-circuit-without-judge-newman/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382381</id>
		<updated>2026-05-19T12:20:03Z</updated>
		<published>2026-05-19T06:35:37Z</published>
					<summary type="html"><![CDATA[Kimberly Moore may rival Neal Katyal for the most cringey YouTube video in recent memory.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/19/chief-judge-moore-commissions-bizarre-ai-cartoon-about-the-federal-circuit-without-judge-newman/">
			<![CDATA[<p>On Monday afternoon, I received an email from a PR firm that I thought was a fake. It began:</p> <blockquote> <p style="font-weight: 400">Please see <a href="https://www.youtube.com/watch?v=IZjqDzVmTRw&amp;feature=youtu.be" data-saferedirecturl="https://www.google.com/url?q=https://www.youtube.com/watch?v%3DIZjqDzVmTRw%26feature%3Dyoutu.be&amp;source=gmail&amp;ust=1779214651265000&amp;usg=AOvVaw3fbJFNgvHrYfYZLZBt6cQc">here</a> for the fun Schoolhouse Rock-style cartoon theme song for the U.S. Court of Appeals for the Federal Circuit that Chief Judge Kimberly A. Moore played at their Judiciary Conference on Fri. in Washington.  The crowd seemed to enjoy, and it does a good job of explaining the court.</p> </blockquote> <p>For starters, I have spent <a href="https://reason.com/volokh/2023/04/22/the-stealth-impeachment-of-judge-newman-in-the-federal-circuit/">several year ripping Moore</a> for her stealth impeachment of Judge Pauline Newman. What brilliant PR flack put me on the distribution list? But then I clicked on the link and realized the video was in fact real. Moore actually retained a PR firm to publicize a cartoon theme song that she apparently commissioned.</p> <p>I didn't think it was possible, but Moore has given <a href="https://reason.com/volokh/2026/05/07/lets-talk-about-neal-katyals-ted-talk/">Neal Katyal a run for most cringey YouTube video in recent memory</a>. This video was clearly generated by AI. And I would wager AI also composed the lyrics and generated the vocal tracks. Everything about this video is fake. And it is awful.</p> <p>Try to watch it without wincing. I've downloaded the video, in the likely event they take it down.</p> <p><iframe loading="lazy" title="Federal Circuit Theme Song" width="500" height="281" src="https://www.youtube.com/embed/IZjqDzVmTRw?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p> <p>Given the standard applied to Judge Newman, this colossal error in judgment by Chief Judge Moore should warrant some sort of cognitive evaluation. How could she possibly think this was a good idea--so good to hire a PR firm to publicize it? Chief Justice Roberts, if you're reading, take away her cases, immediately. Hell, this video is so bad, Judge Moore may have failed to serve during "good behaviour."</p> <p>After the jump, I'll break down this ridiculous feature, line-by-line.</p> <p><span id="more-8382381"></span></p> <p>The opening scene has a monkey riding a rocket ship. There is no explanation. A monkey is riding a rocket ship. Too bad they didn't include Judge Moore jumping over some sharks, like Fonzie on <em>Happy Days</em>. [Update: I am told this image is a nod to the fact that the courthouse once housed NASA.]</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382424" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/01-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/01-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/01-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/01-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/01-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/01-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/01-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/01-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/01-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/01.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <blockquote><p>Well, it started with a law back in 82. Federal Court's Improvement Act came through. Congress said, "We need a brand new way to bring some consistency to cases every day." They merged some courts. Made a brand new seat, a national court with a special beat. Not by region, not by state, but by subject matter, keeping ruling straight.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382425" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/02-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/02-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/02-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/02-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/02-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/02-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/02-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/02-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/02-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/02.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Next, we see President Reagan signing the Federal Courts Improvement Act of 1982. I'm not quite sure who those other two people are. Tip O'Neil on the left? No clue who the person on the right is. AI tends to hallucinate people. Do you know what else President Reagan signed: Judge Pauline Newman's commission, which Kimberly Moore has tried to wipe out of existence.</p> <p>Get ready for the chorus.</p> <blockquote><p>Oh, I'm the Federal Circuit. Hear me say. I handle special cases from across the USA. patents, claims, and veterans appeals. International trade and government deals.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382428" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/04-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/04-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/04-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/04-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/04-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/04-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/04-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/04-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/04-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/04.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Yes, there are three singers who dance and twirl about the Federal Circuit's jurisdiction. [Update: I am told these are supposed to be Judges Reyna, Cunningham, and Stoll.]</p> <p>Next, we get to the conflict.</p> <blockquote><p>When inventors say, "Hey, that's mine." I review those patents and draw the line. If it's trademarks too I'm in the mix, making sure the law stays uniform and fixed.</p></blockquote> <p>A mad scientist is fighting over some machine with a bearded man, who looks like a younger (and redder) Alexander Graham Bell.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382429" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/05-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/05-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/05-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/05-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/05-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/05-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/05-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/05-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/05-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/05.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>There is also a man is confused about the difference between Starbeans and Starbeens.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382430" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/06-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/06-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/06-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/06-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/06-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/06-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/06-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/06-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/06-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/06.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Then there is a music interlude. I kid you not. Ronald Reagan leads a conga line, followed by one of the chorus singers, a scientist holding a beaker, a park ranger, and Uncle Sam.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382431" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/07-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/07-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/07-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/07-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/07-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/07-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/07-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/07-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/07-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/07.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Again, an Article III judge had to sign off on this idea, and hired a PR firm to publicize it. Things get worse.</p> <p>I really wish they would leave Uncle Sam out of this travesty, but he isn't free yet. Now Uncle Sam is used to illustrate the jurisdiction of the Court of Federal Claims.</p> <blockquote><p>From the court of federal claims, you'll see our appeals come up the chain to me.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382432" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/08-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/08-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/08-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/08-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/08-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/08-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/08-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/08-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/08-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/08.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>And she drags the troops into this quagmire:</p> <blockquote><p>Veterans seeking benefits fair. I review each case with thoughtful care.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382434" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/09-1-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/09-1-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/09-1-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/09-1-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/09-1-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/09-1-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/09-1-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/09-1-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/09-1-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/09-1.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>The greatest generation didn't storm the Omaha Beach for the federal government to publish this slop.</p> <p>The park ranger and scientist return, joined by a man in uniform with a headset, and a letter carrier. <img decoding="async" class="aligncenter size-large wp-image-8382435" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/10-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/10-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/10-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/10-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/10-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/10-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/10-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/10-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/10-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/10.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <blockquote><p>Federal workers bring their cases along. From board rulings, I decide right from wrong.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382436" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/11-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/11-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/11-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/11-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/11-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/11-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/11-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/11-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/11-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/11.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" />The Titanic had a better fate than this Transatlantic journey.</p> <blockquote><p>And if trade crosses oceans wide, I help decide what rules apply.</p></blockquote> <p>We're back to the twirling chorus singing the bridge.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382437" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/12-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/12-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/12-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/12-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/12-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/12-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/12-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/12-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/12-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/12.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <blockquote><p>Oh, I'm the federal circuit. Hear me say. I handle special cases from across the USA. Patents, claims, and veterans are appeals. International trade and government deals.</p></blockquote> <p>If you've made it this far, I apologize for what comes next.</p> <blockquote><p>Now, you might ask, who wears the robe? who gets to judge cases we know. The president picks. That's how it's done.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382438" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/13-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/13-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/13-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/13-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/13-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/13-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/13-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/13-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/13-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/13.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Chief Judge Moore created an AI version of herself shaking hands with George W. Bush. There is so much wrong with this picture. For starters, it never happened. President Bush took a famous photo op with his first batch of circuit nominees, including John Roberts, Jeff Sutton, and Miguel Estrada. But Bush did not make this a regular habit. And he certainly did not announce Moore's nomination in 2006 with any fanfare.</p> <p>The bigger problem is this AI looks nothing like Chief Judge Moore. Let's just say she had an AI-glow up. Her long blonde hair is flawless, her suit is perfectly tailored around her waist, and her makeup is on point. This is how I remember Judge Moore when she taught at George Mason <a href="https://en.wikipedia.org/wiki/File:Kimberly_Moore_(cropped).jpg">circa 2006</a>. I usually would not opine on a person's appearance, but when an AI video is commissioned, there must have been some sort of approval process for the look.</p> <p><img decoding="async" class="aligncenter size-full wp-image-8382439" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/14.jpg" alt="" width="178" height="251" /></p> <p>It gets worse. We go to the Senate.</p> <blockquote><p>Then the Senate confirms each one.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382440" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/15-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/15-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/15-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/15-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/15-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/15-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/15-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/15-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/15-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/15.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>In case you can't tell, the nominee is actually singing the lyrics of the song, with the Senators sitting behind him.</p> <blockquote><p>They serve for life to stay independent and fair. Applying the law with the utmost care.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382441" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/16-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/16-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/16-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/16-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/16-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/16-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/16-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/16-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/16-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/16.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>They serve for life, of course, unless Judge Moore decides to take away all their cases.</p> <p>Get ready for the chorus. But our twirling dancers are gone. Instead, Judge Moore twirls. I wish I were joking.</p> <p>It starts with a group shot. Notice something is missing here?</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382442" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/17-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/17-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/17-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/17-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/17-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/17-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/17-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/17-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/17-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/17.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>There are 12 active judges on the court, including Newman. So this group of 16 oddly excludes one active judge (Newman) but includes 5 senior judges. But there are currently 19 total judges (active, including Newman + senior). So it is excluding Newman and two other judges. Judge Jay Plager appears to be one of those senior judges being excluded (who apparently also gets no cases assigned to him by Moore but isn't fighting it). I can't quite figure out who the third 'missing' judge is but I would be curious to know. All of the female judges other than Newman are accounted for. Phew. Chief Judge Moore apparently feels free to include or exclude judges from the bench as she sees fit! She wants to remove Pauline Newman from existence. Again, this was a conscience choice. Unless Harvey AI knew that Judge Moore would not be happy to see Judge Newman, and excluded the nonagenarian.</p> <p>The NCLA, which represents Judge Newman, had a <a href="https://x.com/NCLAlegal/status/2056496954079580599/photo/1">brilliant response</a>:</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382443" src="https://reason.com/wp-content/uploads/2026/05/18-1024x576.jpeg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/18-1024x576.jpeg 1024w, https://reason.com/wp-content/uploads/2026/05/18-300x169.jpeg 300w, https://reason.com/wp-content/uploads/2026/05/18-768x432.jpeg 768w, https://reason.com/wp-content/uploads/2026/05/18-1536x864.jpeg 1536w, https://reason.com/wp-content/uploads/2026/05/18-1200x675.jpeg 1200w, https://reason.com/wp-content/uploads/2026/05/18-800x450.jpeg 800w, https://reason.com/wp-content/uploads/2026/05/18-600x338.jpeg 600w, https://reason.com/wp-content/uploads/2026/05/18-331x186.jpeg 331w, https://reason.com/wp-content/uploads/2026/05/18.jpeg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>It gets worse. Judge Moore jumps off the bench and starts dancing with another judge.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382444" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/19-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/19-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/19-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/19-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/19-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/19-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/19-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/19-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/19-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/19.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p><a href="https://www.youtube.com/watch?v=uWbybukpdCU">I've&hellip;had&hellip;the time of my life.</a></p> <p><img decoding="async" class="aligncenter size-large wp-image-8382453" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/20-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/20-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/20-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/20-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/20-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/20-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/20-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/20-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/20-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/20.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>This is far more disturbing than any memes Alex Kozinski ever shared.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382445" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/21-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/21-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/21-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/21-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/21-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/21-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/21-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/21-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/21-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/21.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>The judge at the end makes the Taylor Swift heart hands thing (I think it is supposed to be Kara Farnandez Stoll.)</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382446" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/22-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/22-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/22-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/22-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/22-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/22-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/22-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/22-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/22-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/22.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>Seriously, it gets worse.</p> <p>A disco ball comes down, the Judges whip out glow sticks, and they start a Federal Circuit rave.</p> <p><img decoding="async" class="aligncenter size-large wp-image-8382447" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/23-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/23-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/23-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/23-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/23-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/23-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/23-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/23-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/23-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/23.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <blockquote><p>Oh, I'm the Federal Circuit. Hear me say. I handle special cases from across the USA. Patents, claims, and veterans appeals. International trade and government deals.</p></blockquote> <p>Sadly, they couldn't leave Uncle Sam out of this one last time.</p> <blockquote><p>Yeah, that's the law. Stay uniform, America.</p></blockquote> <p><img decoding="async" class="aligncenter size-large wp-image-8382448" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/24-1024x576.jpg" alt="" width="1024" height="576" srcset="https://reason.com/wp-content/uploads/2026/05/24-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/24-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/24-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/24-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/24-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/24-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/24-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/24-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/24.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>I have no more words. Please, no more cringey YouTube videos. I can't handle anymore. You're welcome. The things I do for my country.</p><p>The post <a href="https://reason.com/volokh/2026/05/19/chief-judge-moore-commissions-bizarre-ai-cartoon-about-the-federal-circuit-without-judge-newman/">Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Orin S. Kerr</name>
							<uri>https://reason.com/people/orin-kerr/</uri>
					</author>
					<title type="html"><![CDATA[
				The Missing Part of the State Court Mangione Suppression Ruling?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/the-missing-part-of-the-state-court-mangione-suppression-ruling/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382373</id>
		<updated>2026-05-19T00:02:17Z</updated>
		<published>2026-05-18T23:41:29Z</published>
					<summary type="html"><![CDATA[The federal court denied a similar motion; the state court grants it in part.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/the-missing-part-of-the-state-court-mangione-suppression-ruling/">
			<![CDATA[<p>The state trial court handed down its ruling in <em><a href="https://static01.nyt.com/newsgraphics/documenttools/7fdbcb780d74e22a/16aa007e-full.pdf">People v. Mangione</a></em>, on whether to suppress part of all of the contents of the backpack Luigi Mangione was carrying at the time of his arrest in the state prosecution against him.  In the federal case against Mangione, the federal court back in January <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.640793/gov.uscourts.nysd.640793.102.0.pdf">denied the motion to suppress the contents of the backpack. </a>But today the state court suppresses some of the contents for the state court prosecution (in particular, the magazine, cellphone, passport, wallet and computer chip) and allows the government to use other contents (in particular, the red notebook).</p>
<p>I found the new opinion a little odd. There's a part I was expecting that wasn't addressed. I thought I would explain what it is.  [UPDATE: See below for what appears to be the explanation, rooted in New York state constitutional law.]</p>
<p>First, the opinion.  The court begins by concluding that the relevant law is the federal Fourth Amendment and the New York Constitution, even though the actions were those of Pennsylvania police in Pennsylvania. So the heightened restrictions of New York law apply to the Pennsylvania officers, even though they presumably didn't know (and maybe couldn't know) they would be governed by New York state search and seizure law.</p>
<p>Second, the court concludes that New York search and seizure law settles <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6117407">what I have called the "moving property problem"</a>: If someone has a backpack, and it is moved away from a person, New York law says it can't be searched incident to arrest because the exigency is gone and the backpack is no longer in the area of the suspect's control.</p>
<p>Third, the court turns to the search at the police station, where the items in the backpack were searched. This search was fine, the court says: although the search at the McDonalds can't be allowed as an incident-to-arrest search, the search at the police station was valid as an inventory search. In particular, this allows admission of the notebook found in the backpack that wasn't searched at the McDonalds.</p>
<p>Fourth, the court says that the warrant the government obtained later that today to search the backpack does not make the contents admissible under the independent source doctrine, as this wasn't an independent source.</p>
<p>Beyond the part about New York law applying—a matter of the scope of New York law that I don't have a view of myself—I'm puzzled as to why there's no inevitable discovery argument based on the inventory search.  That's the main argument that <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.640793/gov.uscourts.nysd.640793.102.0.pdf">the federal court rested on</a> in denying the motion to suppress, based on the same facts: the police were going to inventory everything anyway and find everything anyway, so everything they found in the backpack was going to be discovered anyway in the inventory, regardless of whether they initially searched it lawfully or not.</p>
<p>As far as I can tell, the state court does not address this argument, although I would think it's the key argument to address. Did the state not raise it? Or is there something about New York state law that makes that an improper argument?  I don't know, as I haven't followed the case closely enough to say.</p>
<p>UPDATE: A New York lawyer writes in that it's an issue of New York law, where the inevitable discovery exception is a lot narrower than it is under federal law.  See <a href="https://scholar.google.com/scholar_case?case=8816719505589811481&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006">People v. Stith, 69 NY2d 313, 318–19 (1987)</a>:<span id="more-8382373"></span></p>
<blockquote><p>When the inevitable discovery rule is applied to secondary evidence, as in <i>Payton</i>, <i>Fitzpatrick</i> and <i>Nix</i>, the effect is not to excuse the unlawful police actions by admitting what was obtained as a direct result of the initial misconduct. It is not the tainted evidence that is admitted, but only what was found as a result of information or leads gleaned from that evidence. The rationale is that when the secondary evidence would have been found independently in any event, "the prosecution [should not be] put in a <i>worse</i> position simply because of some earlier police error or misconduct" (<a href="https://scholar.google.com/scholar_case?case=639457147653564245&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>Nix v Williams</i>, <i>supra</i>, at 443</a>; emphasis in original). In contrast, when the inevitable discovery rule is applied to primary evidence, as was done here, the result is quite different. It is the tainted evidence itself and not the product of that evidence which is saved from exclusion. Permitting its admission in evidence effects what amounts to an after-the-fact purging of the initial wrongful conduct, and it can never be claimed that a lapse of time or the occurrence of intervening events has attenuated the connection between the evidence ultimately acquired and the initial misconduct. The illegal conduct and the seizure of the evidence are one and the same.</p>
<p>In the case before us, the suppression court and the Appellate Division, in holding that the illegally seized weapon should not be suppressed, hypothesized that the gun would inevitably have been discovered through a source that was independent of the initial taint. Viewing the situation at the moment of the illegal seizure, the courts below simply assumed the chain of events which would customarily have been set in motion following defendant Newton's failure to produce a registration certificate: that a radio check would have revealed that the truck was stolen, defendants would have been arrested, the truck would have been impounded and the gun would have been found in an inventory search.</p>
<p>We hold that applying the inevitable discovery rule in these circumstances, and effecting what would amount to a <i>post hoc</i> rationalization of the initial wrong (<i>see</i>, <a href="https://scholar.google.com/scholar_case?case=639457147653564245&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>Nix v Williams</i>, <i>supra</i>, at 448</a>), would be an unacceptable dilution of the exclusionary rule. It would defeat a primary purpose of that rule, deterrence of police misconduct <i>(see</i>, <a href="https://scholar.google.com/scholar_case?case=2395507844484177526&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>People v Bigelow</i>, 66 N.Y.2d 417, 427,</a> <i>supra)</i>. <a class="gsl_pagenum" href="https://scholar.google.com/scholar_case?case=8816719505589811481&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006#p320">320</a><a id="p320" class="gsl_pagenum2" href="https://scholar.google.com/scholar_case?case=8816719505589811481&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006#p320">*320</a>As noted by the Oregon Court of Appeals in <a href="https://scholar.google.com/scholar_case?case=1984549425345059536&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>State v Crossen</i> (21 Ore App 835, 838, 536 P2d 1263, 1264)</a>, in declining to apply the inevitable discovery rule to primary as distinguished from secondary evidence, failing to exclude wrongfully obtained primary evidence "would encourage unlawful searches in the hope that probable cause would be developed after the fact" (<i>see</i>, <a href="https://scholar.google.com/scholar_case?case=6178955246566796655&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>United States v Massey</i>, 437 F Supp 843, 852-854</a>; <a href="https://scholar.google.com/scholar_case?case=14717093023025919038&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>Stokes v State</i>, 289 Md 155, 423 A2d 552</a>; <a href="https://scholar.google.com/scholar_case?case=2845485067171361568&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>State v Williams</i>, 285 NW2d 248, 256-257</a> [Iowa]; <i>contra</i>, <a href="https://scholar.google.com/scholar_case?case=3959632588089398638&amp;q=People+v.+Stith,+69+NY2d+313&amp;hl=en&amp;as_sdt=2006"><i>Clough v State</i>, 92 Nev 603, 555 P2d 840</a>; for a discussion of the distinction between primary and secondary evidence, <i>see</i>, 3 LaFave, Search and Seizure § 11.4, at 620-628).</p></blockquote>
<p>So here the decision to apply the limits of New York state constitutional law to the Pennsylvania search ends up being critical, not only because it answers the moving property issue but also because it limits inevitable discovery.</p>
<p>I have thought about writing an article on the extraterritorial application of state constitutional search and seizure rules, as it presents a fascinating issue.  But it comes up so rarely that I couldn't find much on it.  This is a particularly interesting application of the issue.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/the-missing-part-of-the-state-court-mangione-suppression-ruling/">The Missing Part of the State Court &lt;i&gt;Mangione&lt;/i&gt; Suppression Ruling?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Donald Trump, Thomas Massie, and the Long, Slow Death of the Tea Party			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/donald-trump-thomas-massie-and-the-long-slow-death-of-the-tea-party/" />
		<id>https://reason.com/?p=8382312</id>
		<updated>2026-05-19T00:25:34Z</updated>
		<published>2026-05-18T23:05:19Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Conservatism" /><category scheme="https://reason.com/latest/" term="Libertarian Party" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Tea Party" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Kentucky" /><category scheme="https://reason.com/latest/" term="Marco Rubio" /><category scheme="https://reason.com/latest/" term="Rand Paul" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Ted Cruz" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Whatever happens in Kentucky's GOP primary, the populist right no longer even pretends to care about spending or government overreach.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/donald-trump-thomas-massie-and-the-long-slow-death-of-the-tea-party/">
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		<p>In one of Tuesday's <a href="https://reason.com/2026/05/18/thomas-massies-moment-has-come/">most-watched primaries</a>, libertarian-leaning Rep. Thomas Massie (R–Ky.) will go up against an opponent backed by President Donald Trump. The winner of the primary will almost certainly win the general election in Kentucky's 4th congressional district. As <em>Reason</em>'s Editor in Chief Katherine Mangu-Ward opined in <a href="https://www.nytimes.com/2026/05/14/opinion/thomas-massie-trump-republicans.html"><em>The New York Times</em></a> last week, "Congress, and the Republican Party, would be worse off without the friction and clarity Mr. Massie provides."</p>
<p>I share her estimation, adding only that the <em>country</em> would be worse off, too. Since arriving in Congress in late 2012, Massie has been a reliable advocate for smaller government, lower spending, and abstention from foreign conflicts. More of all that, please.</p>
<p>But as important: What kind of country have we become if unlikely characters like Massie no longer haunt the halls of power? By his own account, he's equal parts country boy and <a href="https://lemelson.mit.edu/resources/thomas-massie">tech genius</a>, and his "gateway issue into liberty was gun rights" when he showed up at the urbane, liberal Massachusetts Institute of Technology after growing up in the wilds of Kentucky. As he told me a <a href="https://reason.com/2016/06/01/the-libertarian-pessimist/">decade ago</a>, "I grew up in a rural area where everybody had guns. And then I went to college and realized people in college wanted to ban these things." As an engineer, he went from that insight to building a mental system that consistently puts him on the side of a federal government that does less and controls less.</p>
<p>But if Massie loses, it's not just the end of his career. (He told Mangu-Ward that if GOP primary voters send him packing, he's going back to his plow and "nobody will ever hear from me again"). It would also effectively be the end of what used to be called the Tea Party, a loose conglomeration of Republican representatives and senators who rode a wave of anti-Barack Obama and anti-George W. Bush sentiment to office in the early 2010s.</p>
<p>Although some said that the <em>tea</em> in Tea Party stood for the "taxed-enough already," the rallying cry of the early Tea Party movement was "stop the spending." For a brief, shining moment, the populist right was fully in favor of actually reducing government spending across the board, full stop.</p>
<p><a href="https://reason.com/2009/09/13/tea-party-march-on-dc-draws-so/">Covering the movement</a> for <em>Reason</em>, including a truly massive demonstration in Washington, D.C., on September 12, 2009, what was striking to me about the Tea Party back then was that it pulled in many types of people from all over the country. As <em>Reason</em>'s Matt Welch <a href="https://reason.com/2009/09/12/quick-impressions-of-the-dc-9/">observed</a>:</p>
<blockquote><p>The general vibe was that they were conservative, and then either Republican, formerly Republican, or independent. Every single one had unkind words to say about George W. Bush's spending and governing record, though none had protested him. None expressed trust in Republicans, and most preferred a "throw-all-the-bums-out" strategy. All but one did not care about Obama's birth certificate controversy, and those I asked thought it was foolish to bring guns to political gatherings.</p></blockquote>
<p>As our early video coverage suggested, this was <a href="https://reason.com/category/politics/tea-party/">a movement</a> that was pretty tightly (though not exclusively) focused on spending and debt issues. Recall that under the self-styled compassionate conservatism of George W. Bush, the federal budget grew by about 50 percent over eight years, including huge increases in domestic programs such as prescription drugs for seniors on Medicare and the No Child Left Behind education initiative. Bush was a <a href="https://www.wsj.com/articles/SB123275512887811775">big-government disaster</a>, and, taking office at the start of a major recession with a large Democratic majority, Obama kicked spending into even higher gear, first in the name of stimulus and then in the name of health care for all.</p>
<p><iframe loading="lazy" title="Tea Party Confidential: Live From the September 12 Taxpayer March on Washington" width="500" height="281" src="https://www.youtube.com/embed/VzUrv3SdJdo?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The 2010 and 2012 elections swept dozens of Tea Party candidates into office, including such high-profile senators as Ted Cruz (R–Texas), Marco Rubio (R–Fla.), Mike Lee (R–Utah), and Rand Paul (R–Ky.), and representatives such as Justin Amash (R–Mich.), Mick Mulvaney (R–S.C.), Mark Meadows (R–N.C.), and Massie himself.</p>
<p>In 2011, Amash and others created the <a href="https://en.wikipedia.org/wiki/Liberty_Caucus">Liberty Caucus</a>, which was very much in keeping with Tea Party principles and explicitly libertarian. By 2015, Tea Party Republicans still had enough swagger to create the <a href="https://www.politico.com/story/2015/10/justin-amash-freedom-caucus-house-republicans-214819">Freedom Caucus</a>, a wider-ranging coalition still committed to Tea Party ideals and focusing on procedural rules to ensure even a GOP-led Congress allowed for fair hearings of pending legislation.</p>
<p>At its peak, the Tea Party could claim credit for electing dozens of people to the House and the Senate, and fueling <a href="https://www.britannica.com/topic/Tea-Party-movement/The-2012-election-and-the-government-shutdown-of-2013">the 2013 government shutdown</a> over the Affordable Care Act (also known as Obamacare). But even as all that was happening, leaders in the movement, including veteran House members such as Reps. Michele Bachmann (R–Minn.) barely kept their seats or lost them like Rep. Eric Cantor (R-Va.), while rookies like Reps. Allen West (R–Fla.) and Joe Walsh (R–Ill.) were sent home.</p>
<p>Often discussed as a "leaderless" and "decentralized" movement, key organizations claiming to speak for Tea Party voters started to include anti-immigrant appeals in their communications and call for defense exemptions to spending cuts. The dramatic failure of Mitt Romney not only to beat an eminently beatable Barack Obama in the 2012 election but also to seriously advance <a href="https://reason.com/2018/02/11/the-tea-party-is-dead-long-live-liberty/">a small-government agenda</a> didn't energize the GOP to get more principled as much as it opened the door for Donald Trump, who promised all things to all people.</p>
<p>With Trump's ascendance, whatever energy was left in the Tea Party was pure populist rage and tribal animus rather than anti-government in character. Senators like Mike Lee and Ted Cruz rarely cross Donald Trump, and Marco Rubio continues to fill more and more roles in his second administration. Members of Congress like Mark Meadows and Mick Mulvaney joined the first Trump administration, only to face his wrath and get cashiered, even after pledging fealty to his big-spending ways. Justin Amash left the Republican Party in July 2019, voted to impeach Trump in December 2019, <a href="https://reason.com/2019/05/21/libertarians-and-never-trump-republicans-court-justin-amash-to-run-for-president/">drew rebukes</a> from the Freedom Caucus, and left Congress in 2021 in the face of a very difficult primary. His 2024 bid for the Republican nomination for Senate in Michigan put him at odds with a Trump pick who lost the general election.</p>
<p>The only consistent, libertarian-leaning Tea Party politicians left from the early 2010s are Rand Paul, who seems to be tapping into <a href="https://reason.com/podcast/2025/11/20/rand-paul-congress-is-afraid-of-the-president/">his small-government bona fides</a> with renewed vigor, and Thomas Massie, who may be on his way back to civilian life. Indeed, even if he wins his primary and reelection, the GOP of which he is part is very different from the one he belonged to when he first arrived in Washington.</p>
<p>And the question remains: What might jumpstart the next broad-based political movement to challenge and reduce the size, scope, and spending of government that is also capable of electing dozens of people to office?</p>
<p>The post <a href="https://reason.com/2026/05/18/donald-trump-thomas-massie-and-the-long-slow-death-of-the-tea-party/">Donald Trump, Thomas Massie, and the Long, Slow Death of the Tea Party</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[KEVIN DIETSCH/UPI/Newscom/Tom Williams/CQ Roll Call/Newscom/Yuri Gripas - Pool via CNP/CNP / Polaris/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of Rand Paul, Thomas Massie, and Donald Trump]]></media:description>
		<media:title><![CDATA[Massie-TeaParty-Trump-5-18]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Massie-TeaParty-Trump-5-18-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<author>
			<name>Katherine Mangu-Ward</name>
							<uri>https://reason.com/people/katherine-mangu-ward/</uri>
						<email>kmw@reason.com</email>
					</author>
					<author>
			<name>Matt Welch</name>
							<uri>https://reason.com/people/matt-welch/</uri>
						<email>matt.welch@reason.com</email>
					</author>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Why Is Trump Trying To Purge Thomas Massie?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/05/18/why-is-trump-trying-to-purge-thomas-massie/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8382262</id>
		<updated>2026-05-18T23:45:24Z</updated>
		<published>2026-05-18T22:53:54Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="GDP" /><category scheme="https://reason.com/latest/" term="Inflation" /><category scheme="https://reason.com/latest/" term="National Debt" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="New York Times" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Thomas Massie" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Plus: inflation surges, Mamdani claims he closed New York City’s budget gap without cutting services, and a listener asks how to develop political confidence]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/05/18/why-is-trump-trying-to-purge-thomas-massie/">
			<![CDATA[<p>This week, editors <a href="https://reason.com/people/peter-suderman/">Peter Suderman</a>, <a href="https://reason.com/people/katherine-mangu-ward/">Katherine Mangu-Ward</a>, and <a href="https://reason.com/people/matt-welch/">Matt Welch</a> are joined by <em>Reason</em> Senior Editor <a href="https://reason.com/people/robby-soave/">Robby Soave</a> to discuss Rep. Thomas Massie's (R–Ky.) competitive Republican primary challenge and why President Donald Trump has made him one of his top political targets. The panel examines Massie's opposition to the Iran war, his push to release the Epstein files, his longstanding focus on spending, and why his brand of libertarian-style politics has become increasingly rare inside today's Republican Party.</p>
<p>Next, the panel turns to the economy, where inflation continues to rise, the U.S. debt has surpassed gross domestic product (GDP), and working-class voters appear increasingly frustrated with Trump's economic agenda. The editors then examine New York Mayor Zohran Mamdani's claim that he closed the city's massive budget gap without cutting services and whether the plan relies more on gimmicks than serious fiscal reform. Finally, a listener asks how to develop political confidence without losing intellectual humility.</p>
<p>&nbsp;</p>
<p>0:00—Massie's primary challenge</p>
<p>20:57—Inflation and the national debt</p>
<p>40:31—Listener question on intellectual humility</p>
<p>51:15—Mamdani's $12 billion budget gap</p>
<p>57:41—Weekly cultural recommendations</p>
<p>&nbsp;</p>
<h2>Mentioned in the podcast:</h2>
<p>"<a href="https://reason.com/2026/05/18/thomas-massies-moment-has-come/">Thomas Massie's Moment Has Come,</a>" by Robby Soave</p>
<p>"<a href="https://reason.com/2026/05/15/thomas-massies-enemies-are-attacking-him-with-an-unfair-accusation/">Thomas Massie's Enemies Are Attacking Him With an Unfair Accusation</a>," by Robby Soave</p>
<p>"<a href="https://reason.com/2026/05/12/the-war-is-coming-for-your-wallet-inflation-hits-3-8-highest-level-in-3-years/">The War Comes for Your Wallet: Inflation Hits 3.8%, Highest Level in 3 Years</a>," by Eric Boehm</p>
<p>"<a href="https://reason.com/2026/05/14/when-businesspeople-run-government-the-government-doesnt-become-a-business/">When Businesspeople Run Government, the Government Doesn't Become a Business,</a>" by Veronique De Rugy</p>
<p>"<a href="https://reason.com/2026/05/14/pete-hegseth-cant-explain-why-america-needs-a-1-5-trillion-military-budget/">Pete Hegseth Can't Explain Why America Needs a $1.5 Trillion Military Budget</a>," by Eric Boehm</p>
<p>"<a href="https://reason.com/2026/05/15/trumps-golden-dome-estimated-to-cost-1-2-trillion-new-report-reveals/">Trump's 'Golden Dome' Estimated To Cost $1.2 Trillion, New Report Reveals</a>," by Meagan O'Rourke</p>
<p>"<a href="https://reason.com/2026/05/13/mamdani-balanced-new-york-citys-budget-with-a-bailout-from-albany/">Mamdani 'Balanced' New York City's Budget—With a Bailout From Albany</a>," by Joe Lancaster</p>
<p>The post <a href="https://reason.com/podcast/2026/05/18/why-is-trump-trying-to-purge-thomas-massie/">Why Is Trump Trying To Purge Thomas Massie?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8382262.mp3" rel="enclosure" length="102539473" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Matt Welch appears on the left, and Robby Soave appears on the right. An image of Rep. Thomas Massie appears in the center box. Bold text across the top of the screen reads "REAL POLITICAL OUTSIDER."]]></media:description>
		<media:title><![CDATA[Roundtable-5-18-A]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Roundtable-5-18-A-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Donald Trump and Josh Hawley's Federal Gas Tax Holiday Would Save Drivers Less Than $9 Per Month			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/trumps-federal-gas-tax-holiday-would-save-drivers-less-than-9-per-month/" />
		<id>https://reason.com/?p=8382285</id>
		<updated>2026-05-18T22:14:53Z</updated>
		<published>2026-05-18T21:05:23Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Gas Taxes" /><category scheme="https://reason.com/latest/" term="Josh Hawley" /><category scheme="https://reason.com/latest/" term="Roads" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[It was a bad idea when Biden proposed it, and it's a bad idea now that Trump is proposing it. Want lower gas prices? End the war.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/trumps-federal-gas-tax-holiday-would-save-drivers-less-than-9-per-month/">
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		<p>The week before the United States launched its war with Iran, the average gas price in America was less than $3 per gallon.</p>
<p>The war was supposed to last about a month. Twelve weeks later, <a href="https://reason.com/2026/05/11/how-much-has-the-iran-war-actually-cost-a-lot-more-than-25-billion/">it is ongoing</a> with no end in sight. The Strait of Hormuz is still closed. Global oil prices have spiked and, as a result, drivers are now paying an average of <a href="https://gasprices.aaa.com/">more than $4.50 per gallon</a> of gas. In all, the higher gas prices have <a href="https://iranwarcost.watson.brown.edu/">drained an estimated $42 billion</a> out of Americans' wallets.</p>
<p>And with the midterms looming, it is understandable why President Donald Trump and his allies in Congress would want to provide drivers with some relief.</p>
<p>The president has <a href="https://www.cbsnews.com/news/trump-interview-suspending-gas-tax-iran-war/">floated</a> the idea of suspending the federal excise tax on gasoline, which adds 18.4 cents per gallon to the price at the pump (and 24.4 cents per gallon for diesel fuel).</p>
<p>Sen. Josh Hawley (R–Mo.) quickly responded by introducing a bill to suspend the federal gas tax for 90 days. "American workers and families deserve immediate relief and this legislation will do just that," Hawley said in <a href="https://www.hawley.senate.gov/hawley-introduces-legislation-to-suspend-the-gas-tax/">a statement</a> as he introduced the bill.</p>
<p>But how much relief will the gas tax holiday actually provide? Very little, it turns out.</p>
<p>The average driver would save less than $9 per month if the federal gas tax was suspended, according to an <a href="https://www.pgpf.org/article/a-gas-tax-holiday-costs-billions-but-consumers-see-only-marginal-savings/">analysis</a> published Monday by the Peter G. Peterson Foundation, which advocates for sound fiscal policies. Every dollar counts, of course, but those savings would not provide meaningful relief from higher gas prices.</p>
<p>Meanwhile, suspending the gas tax for three months, as Hawley is proposing, would create an $10.5 billion shortfall in the federal Highway Trust Fund, which is fueled by revenue from the excise taxes on gasoline. That includes about $3 billion in additional interest costs on the borrowing that would be necessary to close the shortfall, <a href="https://www.crfb.org/blogs/gas-tax-holiday-would-cost-billions-each-month">according to</a> the Committee for a Responsible Federal Budget (CRFB).</p>
<p>The trust fund is already facing insolvency as soon as 2028, and a temporary gas tax holiday would accelerate that crisis. The CRFB estimates that a three-month gas tax holiday would cause the trust fund to run dry seven weeks earlier than currently expected.</p>
<p>It's good to see politicians instinctively turn to tax cuts as a way to lower the cost of living—but, like with all tax cuts, that is a policy that only works if you cut spending too. Unfortunately, <a href="https://reason.com/2022/06/21/the-gas-tax-makes-sense-biden-considers-canceling-it/">road construction and repairs are still necessary</a> even when gas is expensive.</p>
<p>Could we find better ways to finance highways and other transportation infrastructure that don't require a federal gas tax? Sure! But Trump and Hawley are not proposing to do that. They are proposing to blow another hole in the federal budget in an attempt to escape the political consequences of poor decision making.</p>
<p>This is another situation where Trump's second term is <a href="https://reason.com/2026/05/12/the-war-is-coming-for-your-wallet-inflation-hits-3-8-highest-level-in-3-years/">mirroring the failures of Joe Biden's presidency</a>. When inflation was surging during 2022, the Biden administration also floated the idea of suspending the gasoline excise tax for three months.</p>
<p>Then, like now, serious analyses of the proposal showed that it would save the average driver very little money. The Penn Wharton Budget Model <a href="https://budgetmodel.wharton.upenn.edu/p/2022-06-24-three-month-federal-gas-tax-holiday-estimated-cost-reductions-to-households/">estimated</a> that per capita savings would total between $4.79 and $14.31 over three months. Meanwhile, the tax holiday would have blown an estimated $6 billion hole in the federal highway budget.</p>
<p>It was <a href="https://reason.org/commentary/president-bidens-gas-tax-holiday-is-a-bad-idea/">a bad trade-off then</a>, and it is a bad trade-off now.</p>
<p>Thankfully, some prominent Republicans seem uninterested in going along with it.</p>
<p>"The best way to get gas prices to normalize in my view is to get the [Strait of Hormuz] open," Senate Majority Leader John Thune (R–S.D.) <a href="https://thehill.com/homenews/house/5875043-trump-gas-tax-holiday-congress/">said last week.</a> "We do have a Highway Trust Fund and it does perform an important service in making sure that we've got highways and roadways across our country that are serviceable."</p>
<p>Exactly.</p>
<p>If Trump wants to relieve Americans from the pain of higher gas prices, he could swiftly end the war in Iran (and avoid stumbling into more conflicts like it). Until that happens, global oil prices will remain high—and a gimmicky tax holiday won't fix it.</p>
<p>The post <a href="https://reason.com/2026/05/18/trumps-federal-gas-tax-holiday-would-save-drivers-less-than-9-per-month/">Donald Trump and Josh Hawley&#039;s Federal Gas Tax Holiday Would Save Drivers Less Than $9 Per Month</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Eric Lee - Pool via CNP/Newscom/Tom Williams/CQ Roll Call/Newscom/Yuliia Koniaieva/Dreamstime]]></media:credit>
		<media:title><![CDATA[Trump-Hawley-5-18]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Jared Polis' Controversial Commutation of Tina Peters' Prison Sentence Upholds Freedom of Speech			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/jared-polis-controversial-commutation-of-tina-peters-prison-sentence-upholds-freedom-of-speech/" />
		<id>https://reason.com/?p=8382233</id>
		<updated>2026-05-18T18:17:02Z</updated>
		<published>2026-05-18T18:15:35Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Commutations" /><category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Election 2020" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Pardons" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="Clemency" /><category scheme="https://reason.com/latest/" term="Colorado" /><category scheme="https://reason.com/latest/" term="Conspiracy Theories" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Government abuse" /><category scheme="https://reason.com/latest/" term="Governor" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Colorado's governor agreed with a state appeals court that the former Mesa County clerk had been punished for her wacky beliefs about the 2020 election as well as her illegal conduct.]]></summary>
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		<p>Colorado Gov. Jared Polis, a Democrat, is catching a lot of flak for <a href="https://www.nytimes.com/2026/05/15/us/politics/tina-peters-colorado-trump-polis.html">granting</a> clemency to former Mesa County Clerk Tina Peters, a <a href="https://www.mediaite.com/politics/pro-trump-official-still-claims-dominion-has-vote-flipping-software-day-after-being-convicted-for-election-tampering/">conspiracy theorist</a> who was sentenced to nearly nine years in jail and prison for compromising election security in a vain effort to show that voting machines were rigged against Donald Trump in 2020. Yet despite the vehement criticism of Polis' decision and legitimate questions about its timing, his stated reasons for approving Peters' early release are <a href="https://www.motherjones.com/politics/2026/05/jared-polis-tina-peters-commutation-clemency-trump/">compelling</a>.</p>
<p>On Friday, Polis commuted Peters' sentence to four years and four and a half months, saying she would be released on June 1 to serve the rest of that sentence on parole. Trump, who had repeatedly <a href="https://truthsocial.com/@realDonaldTrump/posts/116270371600659894">said</a> Peters should be freed and had even granted her a <a href="https://www.justice.gov/pardon/media/1420756/dl?inline">pardon</a> that had no practical effect because the president's clemency powers do not extend to state crimes, was predictably <a href="https://truthsocial.com/@realDonaldTrump/posts/116580615618774330">pleased</a>.</p>
<p>Just as predictably, Trump's detractors were incensed. Colorado Secretary of State Jena Griswold, a Democrat, <a href="https://www.sos.state.co.us/pubs/newsRoom/pressReleases/2026/PR20260515Peters.html">warned</a> that the commutation would "validate and embolden the election denial movement and leave a dark, dangerous imprint on American democracy for years to come." Matt Crane, a former Republican election official who is now executive director of the Colorado Clerks Association, <a href="https://lincolncounty.colorado.gov/sites/lincolncounty/files/CCCA%20Press%20Release%205.15.26_PolisCommuntationPeters.pdf">said</a> the organization's members were "furious, disgusted, and deeply disappointed" by the governor's "shameful" decision, saying it "supports the attack on the legitimacy of American elections."</p>
<p>Such reactions fail to grapple with Polis' avowed justification for commuting Peters' sentence. In his May 15 <a href="https://uploads.guim.co.uk/2026/05/15/TPetersPolisCommutationLetter.pdf">clemency letter</a> to Peters, Polis mentioned two main concerns about her punishment. First, he said, nine years of incarceration is "an extremely unusual and lengthy sentence for a first time offender who committed nonviolent crimes." Second, Polis agreed with a state appeals court that the sentence was based partly on Peters' beliefs rather than her illegal conduct, thereby violating her First Amendment rights.</p>
<p>The <a href="https://www.nytimes.com/2022/06/26/us/politics/tina-peters-election-conspiracy-theories.html">bizarre episode</a> at the center of the case against Peters involved unauthorized access to voting machines, which she facilitated by falsely identifying Gerald Wood, a local I.T. consultant, as a county employee, and allowing Conan Hayes, another promoter of Trump's stolen-election fantasy, to pose as Wood. Using Wood's ill-gotten employee badge, Hayes made a copy of voting machine software during the county's annual update of the system in May 2021. Peters disabled security cameras while that was happening but used her own cellphone to record the process. The scheme was uncovered after employees at the Colorado secretary of state's office learned that stills from that video, including one showing the county's passwords, had been posted online.</p>
<p>In 2024, a state jury convicted Peters of seven felonies and misdemeanors: three counts of <a href="https://law.justia.com/codes/colorado/title-18/article-8/part-3/section-18-8-306/">attempting to influence</a> a public servant by deceit and one count each of conspiracy to commit <a href="https://law.justia.com/codes/colorado/title-18/article-5/part-1/section-18-5-113/">criminal impersonation</a>, first-degree <a href="https://law.justia.com/codes/colorado/title-18/article-8/part-4/section-18-8-404/">official misconduct</a>, <a href="https://law.justia.com/codes/colorado/2018/title-1/general-primary-recall-and-congressional-vacancy-elections/article-13/part-1/section-1-13-107/">violation of duty</a>, and <a href="https://law.justia.com/codes/colorado/title-1/general-primary-recall-and-congressional-vacancy-elections/article-13/part-1/section-1-13-114/">failure to comply</a> with the secretary of state's requirements. District Court Judge Matthew Barrett sentenced her to six months in the Mesa County jail for the misdemeanors, plus eight years and three months in prison for the felonies.</p>
<p>"Your lies are well documented, and these convictions are serious," Barrett <a href="https://gazette.com/2024/10/04/transcript-of-judge-matthew-barretts-comments-to-former-mesa-county-clerk-and-recorder-tina-peters/">said</a> when he imposed that sentence. "At bottom, this case was about your corrupt conduct," he said, noting that "you abused your position."</p>
<p>Barrett also faulted Peters for her lack of contrition. "I'm convinced you would do it all over again if you could," he said. "You're as defiant as a defendant as this court has ever seen."</p>
<p>Here Barrett began to venture into considerations that a state appeals court would later deem legally irrelevant and constitutionally problematic. "You're a charlatan who used and is still using your prior position in office to peddle a snake oil that's been proven to be junk time and time again," he said, alluding to her continuing promotion of the false claim that Joe Biden stole the 2020 election. "This is what makes Ms. Peters such a danger to our community. It's the position she held that has provided her the pulpit from which she can preach these lies, the undermining of our democratic process, the undermining of the belief and confidence in our election systems."</p>
<p>Barrett said "the damage that is caused and continues to be caused is just as bad, if not worse, than the physical violence that this court sees on an all too regular basis." He added that "it's particularly damaging when those words come from someone who holds a position of influence like you." Peters had made "every effort to undermine the integrity of our elections and [the] public's trust in our institutions," Barrett said. "You've done it from that lectern the voting public provided you with. Everything you've done has been done to retain control, influence. The damage is immeasurable. And every time it gets refuted, every time it's shown to be false, just another tale is weaved."</p>
<p>Those remarks, the Colorado Court of Appeals noted last month, suggested that Peters' constitutionally protected advocacy figured in the sentence she received. "It is well settled that the First Amendment generally prohibits punishing someone for their protected speech," Judge Ted C. Tow noted in an <a href="https://www.courthousenews.com/wp-content/uploads/2026/04/people-tina-peters-opinion.pdf">opinion</a> joined by the two other members of the panel. "Here, the trial court's comments about Peters's belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing. Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud. Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence."</p>
<p>Although "some of the trial court's considerations were tied to proper sentencing considerations," Tow wrote, "it is apparent that the court imposed the lengthy sentence it did because Peters continued to espouse the views that led her to commit these crimes. The tenor of the court's comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed 'damaging.'"</p>
<p>Barrett "failed to acknowledge that Peters is no longer the Mesa County Clerk and Recorder," Tow noted. "She is no longer in a position to engage in the conduct that led to her conviction. So it cannot be said that the lengthy prison sentence was for specific deterrence. To the contrary, the sentence punished Peters for her persistence in<br />
espousing her beliefs regarding the integrity of the 2020 election."</p>
<p>The appeals court concluded that Barrett "obviously erred by imposing sentence at least partially based on Peters's protected speech." It therefore remanded the case for resentencing.</p>
<p>Polis obviated the need for that step by commuting Peters' sentence. Thanks to his intercession, Peters, now 70, will serve less than two years behind bars. Under her original sentence, by comparison, she would have been eligible for parole after serving about four years in prison.</p>
<p>"The crimes you were convicted of are very serious," Polis said in his letter to Peters, "and you deserve to spend time in prison for these offenses." But he added that "your application demonstrates taking responsibility for your crimes, and a commitment to follow the law going forward." He said Peters' expression of remorse, combined with the appearance that she had been punished for her opinions as well as her actions, justified the commutation.</p>
<p>"I made mistakes, and for those I am sorry," Peters <a href="https://x.com/realtinapeters/status/2055398882142781875">said</a> in an X post on Friday afternoon. "Five years ago I misled the Secretary of State when allowing a person to gain access to county voting equipment. That was wrong. I have learned and grown during my time in prison and going forward I will make sure that my actions always follow the law, and I will avoid the mistakes of the past."</p>
<p>Polis emphasized that he had not granted Peters a pardon. "She committed a crime," he <a href="https://www.nytimes.com/2026/05/15/us/politics/tina-peters-colorado-trump-polis.html">told</a> <em>The New York Times</em>. "She deserves to be a convicted felon." But he added that "she was given an unusually harsh sentence." Although her beliefs about the 2020 election are "dangerously wrong," he said, they should not have increased her punishment.</p>
<p>The political context of Polis' decision nevertheless raises questions about his motivation. Even as Trump was urging Polis to pardon Peters, the <em>Times</em> <a href="https://www.nytimes.com/2026/05/17/us/politics/jared-polis-trump-tina-peters.html">notes</a>, his administration was punishing Colorado with "a series of funding cuts and other actions," including "killing a water pipeline for rural ranchers, moving the U.S. Space Command headquarters from Colorado Springs to Alabama and dismantling a leading federal climate center in Boulder." Although none of those actions was explicitly tied to the Peters case, the governor's critics accuse him of succumbing to Trump's bullying.</p>
<p>Polis, for his part, insists that the hope of appeasing the president played no role in his decision. He notes that Trump wanted a pardon for Peters, which Polis refused to grant, and that the administration was irked at Colorado for additional reasons, such as its liberal policy regarding <a href="https://www.sos.state.co.us/pubs/elections/FAQs/mailBallotsFAQ.html">mail-in ballots</a>. "There was no immediate indication" that Trump would reward the commutation by reconsidering his punitive actions against Colorado, the <em>Times</em> <a href="https://www.nytimes.com/2026/05/17/us/politics/jared-polis-trump-tina-peters.html">notes</a>. "That's not something I ever considered," Polis <a href="https://www.nytimes.com/2026/05/15/us/politics/tina-peters-colorado-trump-polis.html">told</a> the paper.</p>
<p>Whether or not you believe that, the arguments against clemency for Peters tended to glide over the central issue of whether nine years was an appropriate sentence for her crimes. "The harm caused by Tina Peters has spread well beyond the borders of Mesa County," Griswold said in a January 13 <a href="https://www.sos.state.co.us/pubs/newsRoom/pressReleases/2026/20260113SOS-CCCAJointLetterToGovPolis.pdf">letter</a> to Polis. "Her actions have been<br />
repeatedly used to spread conspiracy theories, amplify falsehoods, and fuel dangerous election lies. This in turn has increased the threats to election officials and election infrastructure across our state. Releasing Tina Peters via pardon or commutation would validate her actions and embolden election denialism in Colorado and across the country."</p>
<p>Like Barrett, Griswold implied that Peters should be punished not just for abusing her office and betraying the public trust but also for "spread[ing] conspiracy theories," "amplify[ing] falsehoods," "fuel[ing] dangerous election lies," and "embolden[ing] election denialism." But as the Colorado Court of Appeals recognized, that aspect of Peters' conduct, however empirically faulty or morally objectionable, is not a proper basis for criminal punishment in a society that respects freedom of speech.</p>
<p>The post <a href="https://reason.com/2026/05/18/jared-polis-controversial-commutation-of-tina-peters-prison-sentence-upholds-freedom-of-speech/">Jared Polis&#039; Controversial Commutation of Tina Peters&#039; Prison Sentence Upholds Freedom of Speech</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Jesse Paul/Zuma Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Colorado Gov. Jared Polis]]></media:description>
		<media:caption><![CDATA[Colorado Gov. Jared Polis]]></media:caption>
		<media:text><![CDATA[Colorado Gov. Jared Polis]]></media:text>
		<media:title><![CDATA[Jared-Polis-Newscom]]></media:title>
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		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Samurai vs. Squatters: On the Street With the Hired Swords Reclaiming California Property Owners' Stolen Homes			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/" />
		<id>https://reason.com/?p=8381970</id>
		<updated>2026-05-18T17:44:20Z</updated>
		<published>2026-05-18T16:15:11Z</published>
			<category scheme="https://reason.com/latest/" term="Eviction Moratorium" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Government failure" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Small Business" />		<summary type="html"><![CDATA[California has failed to protect private property from squatters. Desperate owners are turning to katana-wielding enforcers to reclaim their homes.]]></summary>
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		<p><span style="font-weight: 400;">"We're probably not going to use grenades on this one, right? Because I got 'em."</span></p> <p><span style="font-weight: 400;">James Jacobs had hired a motley crew of toughs online to help him clear squatters out of an Oakland, California, apartment building. None of the hired muscle accept the offer of smoke grenades. They intend to complete this job with the baseball bats and firearms they brought from home.</span></p> <p><span style="font-weight: 400;">"All right, let's do this," says Jacobs. He grabs his katana and sets off in his long black leather jacket toward the apartment. His improvised militia follows single-file behind him. Half a minute later, they confidently walk through the front door of a two-story building off of Oakland's busy International Boulevard.</span></p> <p><span style="font-weight: 400;">From across the street, I watch them enter and wait anxiously for the sound of gunshots. </span></p> <p><span style="font-weight: 400;">It was another battle in California's low-burning turf war between the squatters who invade homes and the enforcers hired to reclaim them.</span></p> <p><span style="font-weight: 400;">Across the Golden State, uninvited occupants have taken over countless residential properties and then refused to vacate. Homes undergoing renovations, vacant rental units, and even whole apartment buildings have fallen prey to squatters. Once they move in squatters are very difficult to dislodge. The legal process to remove them is expensive and can take months or years.</span></p> <p><span style="font-weight: 400;">In their desperation, owners are increasingly turning to a rising crop of private rights enforcers to solve the problem. That includes Jacobs and his company, ASAP Squatter Removal.</span></p> <p><span style="font-weight: 400;">Jacobs claims to have developed a long list of tools and tactics that enable him to remove squatters far faster than the court system, all while staying within the bounds of the law. Chief among them is a weapon he carries on every job: a katana, a curved Japanese sword that's more synonymous with samurai warriors than clearing squatters.</span></p> <p><span style="font-weight: 400;">"In most industries, swords just don't make any damn sense," Jacobs says. "In this particular one, it actually does." The lightly regulated katana, he explains, is an ideal weapon for indoor self-defense and intimidation.</span></p> <p><span style="font-weight: 400;">It's also an ingenious marketing ploy in the competitive world of squatter removal services. Jacobs' company has received a healthy amount of media attention from local and international outlets that never fail to mention his sword in the headline.</span></p> <p><span style="font-weight: 400;">According to Jacobs, his company has had a near-perfect success rate of removing squatters. </span></p> <p><span style="font-weight: 400;">If they were Jacobs' only adversary, his katana might be the only weapon he needs. But ASAP Squatter Removal is engaged in a two-front war. His main competition comes from law enforcement agencies that are none too keen on ceding their monopoly on the use of force to people like Jacobs.</span></p> <p><span style="font-weight: 400;">Every job that ASAP Squatter Removal performs requires it to dodge criminal charges. The company has had only mixed success on the latter front. In January, Jacobs and two associates were charged with a long list of felonies stemming from one of their jobs.</span></p> <p><span style="font-weight: 400;">The legal and physical risks inherent in anti-squatter work are why California's landlords have called for more systemic reforms that would make Jacobs' business obsolete.</span></p> <p><span style="font-weight: 400;">But with reforms stalled in the state legislature, many property owners feel they have no choice but to turn to gray market services and the unique set of characters, with a very particular set of skills, willing to take on this dangerous work.</span></p> <p><span style="font-weight: 400;">On the streets, it's samurai versus squatters.</span></p> <h1><b>Why Won't California Police Remove Squatters? 'It's a Civil Matter.'</b></h1> <p><span style="font-weight: 400;">Though aggregate numbers are hard to come by, squatting appears to be on the rise in California. The state's housing cost crisis has helped produce the nation's largest population of homeless and housing-insecure people—many of whom are willing to take on the risks of squatting.</span></p> <p><span style="font-weight: 400;">High home prices and an arduous eviction system have also helped make squatting a lucrative scam. Owners will often pay squatters exorbitant sums in "cash-for-keys" agreements to reclaim their valuable real estate.</span></p> <p><span style="font-weight: 400;">Meanwhile, property owners who call the police about a squatting situation will receive a near-universal response from law enforcement: "It's a civil matter," meaning, "It's not our problem."</span></p> <p><span style="font-weight: 400;">Responding officers often feel they lack the competence to tell on the spot whether someone is an illegal squatter or a lawful occupant. They are thus eager to avoid the legal liability that would come from charging a lawful occupant with a misdemeanor trespassing offense.</span></p> <p><span style="font-weight: 400;">Police "have been told in training: If somebody says, 'I live here,' leave them alone. Why risk the lawsuit of removing somebody from a house that they may lawfully occupy?" says Sidharda Lakireddy, who manages a few hundred units in the Bay Area and has dealt with multiple squatting situations.</span></p> <p><span style="font-weight: 400;">Even in seemingly clear-cut cases, the first instinct of many police officers is to avoid getting involved.</span></p> <p><span style="font-weight: 400;">Devlin Creighton tells the story of a squatter who moved into a rental unit he owns in San Jose just a few hours after he managed to convince the previous squatting occupant to leave in a cash-for-keys arrangement.</span></p> <p><span style="font-weight: 400;">When the police showed up at the property, they initially told Creighton he'd have to follow the months-long civil eviction process to get his squatter out.</span></p> <p><span style="font-weight: 400;">"I'm like, 'She's not going to live here for three months for free. She got here today!'" Creighton recalls telling the officers. "The police, these new guys, were like, 'Well, you know, it's not our job. We're crime. This is civil.'"</span></p> <p><span style="font-weight: 400;">Fortunately for Creighton, a more seasoned police sergeant soon arrived who was more willing to hear his side of the story. Creighton's new squatter couldn't answer the sergeant's basic questions, such as "What is your address?" and "When's trash day?" So he forced her to leave. But if the sergeant hadn't been willing to hear Creighton out, the property owner would have had no choice but to go to civil court.</span></p> <p><span style="font-weight: 400;">Having to go through a court process to remove a squatter isn't inherently unreasonable. Most states treat squatting as a civil matter to be handled by the courts. California's civil courts move slowly, however. The civil eviction process also enables squatters to claim a long list of procedural rights granted to legal tenants (which they are not) that can stretch a case out for months or longer.</span></p> <p><span style="font-weight: 400;">Some lawyers openly sell themselves to potential clients based on their ability to stretch out the eviction process in court. "</span><span style="font-weight: 400;">When it comes to you, the landlord is not stepping on a cockroach; he is stepping on a landmine," </span><a href="https://caltenantlaw.com/unlawful-detainer-game-board/"><span style="font-weight: 400;">reads</span></a><span style="font-weight: 400;"> one eviction defense attorney's website which claims that fighting an eviction in court can prolong one's occupancy for years. "All during the [civil eviction process], you are paying no rent," it says. </span></p> <p><span style="font-weight: 400;">The experience some landlords have removing squatters shows this landmine claim is not a bluff.</span></p> <h1><b>How Long Does It Take to Remove a Squatter in California?</b></h1> <p><span style="font-weight: 400;">Zachary, a landlord who owns seven units in the Los Angeles area and who asked only to be referred to by his first name because he fears retaliation from squatters, learned just how lengthy and expensive the civil court process can be when a longtime tenant died in January 2025.</span></p> <p><span style="font-weight: 400;">When Zachary went to reclaim the unit, he found four strangers already inside.</span></p> <p><span style="font-weight: 400;">"They definitely looked disheveled," he says. "They were people who lived out of suitcases. Their clothes weren't well-kept."</span></p> <p><span style="font-weight: 400;">The men showed Zachary a letter claiming they were subtenants of the deceased. They claimed they had a legal right to take over the unit after that person's death.</span></p> <p><span style="font-weight: 400;">Zachary's lease with his deceased tenant explicitly forbade subletting, making this claim a legal nonstarter. But when the squatters refused to leave and police refused to eject them, Zachary was forced to file for an eviction in Superior Court of Los Angeles County in February 2025.</span></p> <p><span style="font-weight: 400;">Zachary describes the following months as a nightmare. In response to his eviction filing, the new occupants of his home countersued him. They produced phony documents purporting to show they were legal tenants being harassed after they raised habitability issues with the unit. While Zachary waited for a court hearing on the case, his squatters also allegedly moved in several more occupants who proceeded to trash his units, do drugs on the property, and menace his legitimate tenants—some of whom moved out.</span></p> <p><span style="font-weight: 400;">The squatters also demanded $50,000 in compensation for the emotional and financial toll that Zachary's "illegal" eviction efforts had caused them.</span></p> <p><span style="font-weight: 400;">When a hearing on Zachary's eviction complaint and his squatters' counterclaims was finally held in late March 2025, the judge ruled in his favor in a matter of minutes. Through appeals and hardship claims, however, the squatters managed to delay their actual eviction for another two months.</span></p> <p><span style="font-weight: 400;">When Zachary finally reclaimed the apartment in late May, "It was really in disarray. They had left needles and rotting food. They had a cat that had made a mess in there. It was really a terrible scene."</span></p> <p><span style="font-weight: 400;">After they'd left, Zachary found out more about who his squatters were. In the papers of his deceased tenant, there was a request for a restraining order against the squatters. That request described how his former tenant had met the squatters on a dating app and agreed to let them stay in his spare bedroom for a week when they claimed to have nowhere else to go.</span></p> <p><span style="font-weight: 400;">When his former tenant finally asked them to leave, the document said, they blackmailed him:</span> <span style="font-weight: 400;">The squatters said they'd accuse him of rape if he called the cops to kick them out.</span></p> <p><span style="font-weight: 400;">Per the restraining order statement, Zachary's former tenant did eventually call the cops on the squatters. The police did not believe their claims of being raped, but they also told Zachary's former tenant that they couldn't remove the squatters without a court order. An officer encouraged the former tenant to file for a restraining order instead.</span></p> <p><span style="font-weight: 400;">California's tenants' rights advocates, who uniformly oppose any efforts to expedite the removal of squatters, would describe Zachary's experience as an example of the system working as intended: A property dispute was raised, and after a few months of process, the legal owner was able to reclaim his unit.</span></p> <p><span style="font-weight: 400;">But during the time it took for that process to play out, the squatters were able to exploit procedural protections designed to safeguard tenants' rights to menace actual tenants and destroy Zachary's property.</span></p> <p><span style="font-weight: 400;">Zachary estimates he spent $14,000 on fees to lawyers and to Squatter Squad, a Los Angeles–based outfit that handled direct negotiations with the squatters, served them legal documents, and helped secure the unit when it was finally vacated. He had to pay another $43,000 to fix the damage the squatters had done to the unit. He also lost rent on both the squatter-occupied unit and on those neighboring units that were vacated because of the squatters' disruption.</span></p> <p><span style="font-weight: 400;">Given the costs and ordeal, it's unsurprising other property owners in desperate situations would turn to solutions outside of the court system, such as katana-wielding men in black leather coats.</span></p> <h1><b>How James Jacobs Became a Squatter Removal Enforcer</b></h1> <figure class="aligncenter size-large wp-image-8381975"><img decoding="async" class="aligncenter size-large wp-image-8381975" style="font-family: itc-slimbach, 'Times New Roman', serif;" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/CA-Katana-Man-1024x576.jpg" alt="Against an illustrated background of swords and houses in orange, a man stands in a long black leather jacket, with a holstered sword." width="1024" height="576" data-credit="Illustration: Christian Britschgi/Midjourney" srcset="https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/CA-Katana-Man.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>Illustration: Christian Britschgi/Midjourney</figcaption></figure> <p><span style="font-weight: 400;">Jacobs got his start in squatter removal while working in property management after college. Occasionally, a unit would get taken over by a squatter and the owner would pay him some extra money to figure out a way to get rid of the intruder.</span></p> <p><span style="font-weight: 400;">One of his first jobs involved a reclusive squatter who had barricaded himself in a vacant apartment unit. Since the squatter almost never left the unit, Jacobs couldn't simply wait for him to leave and change the locks.</span></p> <p><span style="font-weight: 400;">Instead, he settled on a blunter solution: He damaged a water line leading to the apartment. As the property manager, he was then responsible for hiring the plumber to fix it. He hired a plumber friend who continually delayed the job. Without water in the unit, the squatter eventually left.</span></p> <p><span style="font-weight: 400;">More anti-squatter jobs soon followed. His day job in property management also gave Jacobs a free legal education in the laws squatters used to stay in units and how the law could be used to get them out.</span></p> <p><span style="font-weight: 400;">Over time, Jacobs saw demand for squatter removal services grow.</span></p> <p><span style="font-weight: 400;">In 2020, the COVID-19 pandemic shut down most of public life, including the civil courts that process squatting cases. The state of California effectively banned landlords from evicting tenants through 2022. Local eviction moratoriums and other restrictions persisted for years after that.</span></p> <p><span style="font-weight: 400;">Eviction filings predictably</span> <a href="https://www.ppic.org/blog/evictions-in-california-have-leveled-off-with-upticks-in-some-counties/"><span style="font-weight: 400;">fell</span></a><span style="font-weight: 400;">, dropping from around 120,000 per year pre-pandemic to 35,000 in 2021. The number of these filings that led to actual tenant removals is far less. In effect, property owners were stuck with whoever was occupying their home, be they delinquent tenants or illegal squatters. Moreover, the rising price of real estate also raised the returns squatters could demand through extortionary cash-for-keys schemes.</span></p> <p><span style="font-weight: 400;">Though California treats squatting as a crime on paper, the cumbersome civil process that determines who is and isn't squatting means the law's criminal penalties mean little in practice.</span></p> <p><span style="font-weight: 400;">In 2025, California landlords supported a bipartisan bill—</span><a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB448"><span style="font-weight: 400;">S.B. 448</span></a><span style="font-weight: 400;">, authored by state Sen. Tom Umberg (D–Santa Ana)—that would have required law enforcement to remove squatters "without unreasonable delay" if they did not vacate a property within 72 hours. Critics of the bill included social justice advocates and legal aid groups who argued that lawful tenants without formal written rental agreements would have no effective protections against eviction.</span></p> <p><span style="font-weight: 400;">"This has the potential to target undocumented and marginalized communities without due process of law,"</span> <a href="https://calmatters.digitaldemocracy.org/hearings/258930#t=579&amp;f=81ca94eb51aecbced52755a55aa55091"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> the Western Center on Law &amp; Poverty's Benjamin Henderson in an April 2025 committee hearing. In additional written testimony the center said: "The right to one's home is too fundamental to ignore constitutional due process." Landlords counter that requiring owners to spend months in civil court to reclaim their property poses its own due process problems.</span></p> <p><span style="font-weight: 400;">California's S.B. 448 passed unanimously out of two Senate committees in 2025, but it stalled in the legislative process. Lawmakers have not taken up the bill this year.</span></p> <p><span style="font-weight: 400;">Meanwhile, California passed legislation giving tenants more time to file responses to their landlord's eviction complaints. It's another procedural right that squatters can claim while delaying their removal.</span></p> <p><span style="font-weight: 400;">In Jacobs' view, the entire situation provides a powerful incentive for people to become squatters. "People are realizing, 'Oh yeah, there's money to be made, and I'm not going to get arrested for this," he says.</span></p> <p><span style="font-weight: 400;">That insight led him to recognize a business opportunity of his own. He started ASAP Squatter Removal in 2020 as a standalone "eviction alternative" service provider.</span></p> <h1><b>How Do Professional Squatter Removal Services Work? </b></h1> <p><span style="font-weight: 400;">For all the laws and regulations that govern real estate in California, Jacobs' business operates on a more anarchic principle: You truly own only what you physically possess.</span></p> <p><span style="font-weight: 400;">The standard ASAP Squatter Removal job involves surveilling a property, reclaiming it through a "breach-and-clear" operation when the squatter leaves for the day, and then boarding up the unit and holding it down for as long as necessary.</span></p> <p><span style="font-weight: 400;">This seemingly simple process can get complicated fast.</span></p> <p><span style="font-weight: 400;">In a world of real estate scams, Jacobs has to do legal due diligence to ensure that the person hiring him is the actual owner and the people to be removed are, in fact, illegal squatters.</span></p> <p><span style="font-weight: 400;">"I've been hired to kick out the owner of the property. That's disgusting," he says. "Sometimes the client is a scumbag."</span></p> <p><span style="font-weight: 400;">When homes have been taken over by multiple squatters or by organized gangs, it's also not always possible to breach and clear an empty unit. When the squatters are still inside, the risk of physical altercations is high.</span></p> <p><span style="font-weight: 400;">For that reason, Jacobs has his clients sign up him and his fellow squatter removers as tenants of the property to be reclaimed. California is a "castle doctrine" state, meaning you can physically defend yourself in your own home. Jacobs claims the castle doctrine has saved him from legal jeopardy when he or one of his hired contractors has shot a squatter in self-defense. (He declined to provide details on these incidents for fear of getting sued by squatters he's removed.)</span></p> <p><span style="font-weight: 400;">ASAP Squatter Removal's </span><a href="https://asapsquatter.com/why-choose-us%3F"><span style="font-weight: 400;">website</span></a><span style="font-weight: 400;"> claims a 95 percent success rate. The company's (now private) YouTube channel and Yelp page both include effusive praise from clients who've used Jacobs' services to reclaim their property. </span></p> <p><span style="font-weight: 400;">"</span><span style="font-weight: 400;">I was faced with a very difficult squatter situation &amp; no help from local law enforcement. ASAP Squatter Removal resolved my squatter problem in just 3 days!" reads a review on the company's Yelp </span><a href="https://www.yelp.com/biz/synergy-enterprises-hayward?hrid=IuNj1UvX8-Ew6BvsaXOdVg"><span style="font-weight: 400;">page</span></a><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">But happy customers don't negate the physical or legal perils of Jacobs' work.</span></p> <p><span style="font-weight: 400;">The risk of serious criminal charges is one reason Jacobs has transitioned to using a sword on jobs. "There's really no gun defense. It's really just gun offense," he says. "But with swords, there is [defense]. I can make a cut towards somebody's hand and disable their hand. And that's not attempted manslaughter."</span></p> <p><span style="font-weight: 400;">On the more complex jobs, Jacobs needs every defense he can muster.</span></p> <h1><b>Why California Landlords Are Hiring Private Enforcers</b></h1> <p><span style="font-weight: 400;">The Oakland building Jacobs was hired to clear was one such complex job. </span></p> <p><span style="font-weight: 400;">The owner, Maria Auervonderhaid, and a partner purchased the 11-unit building in the late 1990s. For decades, they rented out apartments without incident.</span></p> <p><span style="font-weight: 400;">Shortly before the pandemic, Auervonderhaid's business partner died suddenly, leaving her to manage the building by herself—a challenge the aging woman, now in her 80s, was not fully up for. Auervonderhaid also started to show signs of Alzheimer's, which further eroded her ability to take care of her property.</span></p> <p><span style="font-weight: 400;">Conditions at the building started to deteriorate. Protected by pandemic-era eviction moratoriums, her tenants also stopped paying rent. Soon word got around that Auervonderhaid was losing her grip on the property.</span></p> <p><span style="font-weight: 400;">Her "declining health became readily apparent to people to take advantage of," says Auervonderhaid's lawyer, Thomas Meagher. "Before, she was capable of managing the building. That has changed, and obviously other people saw that too."</span></p> <p><span style="font-weight: 400;">Squatters moved into some of the units and changed the locks. Evidence of criminal activity followed. Neighboring business owners reported seeing drug deals, weapon sales, and prostitution at the property.</span></p> <figure class="aligncenter size-large wp-image-8381977"><img decoding="async" class="aligncenter size-large wp-image-8381977" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/IMG_4084-1024x576.jpg" alt="A photograph of a street, with two-story white buildings on the other side of it." width="1024" height="576" data-credit="Christian Britschgi" srcset="https://reason.com/wp-content/uploads/2026/05/IMG_4084-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-2048x1152.jpg 2048w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/IMG_4084-1920x1080.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>Christian Britschgi</figcaption></figure> <p><span style="font-weight: 400;">Maria's son, Theo Auervonderhaid, took over managing the building. He says one of the occupants pulled a gun on his uncle when he showed up to remove accumulated trash. The occupants also ran up enormous power bills by charging allegedly stolen electric vehicles, according to Meagher.</span></p> <p><span style="font-weight: 400;">In 2024, Auervonderhaid's nonpaying tenants sued her, citing numerous habitability issues at the property, including pests, overflowing trash, and a lack of security. Meagher says that many of these issues were caused by the squatters themselves—and can't be fixed so long as squatters threaten anyone hired to repair the property.</span></p> <p><span style="font-weight: 400;">The police have also been of little help in getting the property under control. Theo Auervonderhaid says that when the cops do respond to calls at the building, they write a report and quickly leave. Meagher says that he's even contacted the FBI to report gang activity at the property, and that they also proved to be no help.</span></p> <p><span style="font-weight: 400;">At this point, Theo Auervonderhaid says, he would like to sell the property and be done with it. "I have to take care of my mom's healthcare needs, and I want to go back to work. I don't want this to dominate my life like it has been," he says. "The building has become a money pit."</span></p> <p><span style="font-weight: 400;">But the presence of menacing squatters means almost no one is willing to buy it. Before anything can get better at the property, the squatters have to go.</span></p> <p><span style="font-weight: 400;">Initially, Theo Auervonderhaid and Meagher had tried to hire conventional security guards to provide protection so that work crews could clear trash and make repairs.</span></p> <p><span style="font-weight: 400;">"Security [companies] said we'd need a really aggressive crew to do this one," says Meagher. "What does aggressive mean? You find out when you do research."</span></p> <p><span style="font-weight: 400;">Meagher's online research turned up Jacobs, who had been </span><a href="https://oaklandside.org/2025/09/30/asap-squatter-removal-oakland/"><span style="font-weight: 400;">profiled</span></a><span style="font-weight: 400;"> by the local outlet </span><i><span style="font-weight: 400;">Oaklandside </span></i><span style="font-weight: 400;">in September 2025 and had since done a number of media hits touting his expertise at removing squatters. At first, Meagher says, hiring someone like Jacobs did not seem appealing. "We did not consider that a choice." But as problems at the property continued to mount, Meagher and his client started to get desperate. "You cycle back to the unpleasant choices like ASAP Squatter," says Meagher.</span></p> <p><span style="font-weight: 400;">By February, Meagher had hired Jacobs' crew to do surveillance of the property, figuring that this would at least give him and his client a better idea of what was going on.</span></p> <h1><b>Squatters Don't Just Hurt Landlords, They Ruin Neighborhoods</b></h1> <p><span style="font-weight: 400;">The complex situation at Auervonderhaid's apartment building, with its mix of legal tenants, nonthreatening squatters, and others who Meagher describes as likely gang members, required a lot of surveillance before any move could be made on the property.</span> <span style="font-weight: 400;">Jacobs hoped his men could gain a foothold by occupying an empty unit and then go room by room, removing the squatters in whatever way worked.</span></p> <p><span style="font-weight: 400;">ASAP Squatter Removal signed an initial three-day contract with Meagher to observe the property. This work began in earnest on Valentine's Day. Jacobs agreed to let me shadow him during this surveillance phase.</span></p> <p><span style="font-weight: 400;">At the beginning of the night, we stationed ourselves across the street from the target property in a parking lot that had been taken over by temporary stands offering flowers and oversized teddy bears. Unfortunately for Jacobs, his initial scouting from earlier in the day had turned up no good news.</span></p> <p><span style="font-weight: 400;">A unit on the top floor of the building was boarded up and dark. Jacobs declared this a likely sign of counter-surveillance being conducted by the gangsters squatting in the building. He speculated they were filming the street from that unit to ensure that no one, be they police or rival gangs, was sneaking up on them.</span></p> <p><span style="font-weight: 400;">There was also a lot of nighttime activity in front of the building. One heavyset man poured gas into a generator out front. A half dozen people appeared to be occupying one of the ground-floor storefront units, which from the outside looked like a drug den.</span></p> <p><span style="font-weight: 400;">In the alcove entrance of the neighboring tattoo parlor, we saw what looked like a few drug deals going down. That was bad news too. The outdoor drug dealing meant Jacobs can't pose as a buyer to get inside the building and see the situation from the inside.</span></p> <p><span style="font-weight: 400;">Since he was stuck on the outside looking in, Jacobs started circling the property, looking for additional entrances that could be used in an eventual breach-and-clear operation.</span></p> <p><span style="font-weight: 400;">The key to good surveillance, Jacobs told me, is to not be detected by the squatters. To avoid attention, Jacobs will sometimes observe a property from a camper van with blacked-out windows. Other times, he'll disguise himself as a homeless person. "You should see me in my rags," he laughs.</span></p> <p><span style="font-weight: 400;">On that Valentine's Day, he opted for a simpler dark hoodie and beanie.</span></p> <p><span style="font-weight: 400;">As we circled the property, Jacobs said he saw his business as a mission. Squatters don't just victimize property owners, he told me; they ruin neighborhoods. "I'm just trying to make the world a better place," he said, stepping around a homeless guy smoking a white powder off a piece of tin foil.</span></p> <p><span style="font-weight: 400;">Our walk revealed no easy additional entrances. The property was sandwiched between a tattoo parlor and a funeral home. Residences covered the rear of the property. Jacobs likes to secure three points of entry, to avoid dangerous bottlenecks during a breach-and-clear operation; that would require traversing other properties.</span></p> <p><span style="font-weight: 400;">That looked doable, especially if Jacobs could obtain permission from the adjacent owners to stage on their property. Normally, he said, that's something the neighbors agree to, given the problems squatters can also cause for them. But having to hop a few fences makes it much more difficult to coordinate simultaneous entry of the property from multiple angles.</span></p> <p><span style="font-weight: 400;">With this information, we made our way back to the parking lot across the road from the target property, where we met up with Arthur Gutierrez, a tall man in a backward baseball cap who serves as Jacobs' right-hand man.</span></p> <p><span style="font-weight: 400;">In the parking lot, Jacobs and Gutierrez hit a marijuana vape pen and reviewed intelligence emailed by the client. Jacobs became excited when he saw that squatters were using the property for a pimping operation. Maybe they could hire a girl to pose as a prostitute to gain access to the building, he suggested.</span></p> <p><span style="font-weight: 400;">Gutierrez thought it would be simpler to pose as a john "looking for some ass." Jacobs readily agreed and tried to give Gutierrez some cash to pull off the ruse that night. The latter demurred, joking that he'd need additional hazard pay for that. Besides, the heavyset man feeding gas into the generator had been giving us hard stares the whole time we'd been hanging out in the parking lot. Gutierrez proposed returning a day later, when hopefully there would be fewer prying eyes around.</span></p> <p><span style="font-weight: 400;">The next day, the scene outside the building was sleepier. The lack of activity gave Jacobs enough confidence to try to get inside on the pretext of looking for "Sharice."</span></p> <p><span style="font-weight: 400;">A few minutes after setting off on this gambit, he comes back with both good and bad news.</span></p> <p><span style="font-weight: 400;">The good news was that the heavyset man who'd been giving us hard stares the night before was now sitting in front of the property, so stoned that he didn't recognize Jacobs. Incapacitated drug users will likely offer less resistance in a breach-and-clear operation.</span></p> <p><span style="font-weight: 400;">The bad news was that the front door opened onto a single long hallway with a staircase to the second floor at the back and no doors on either side. That could make for a dangerous bottleneck if Jacobs and his men eventually try to take the property.</span></p> <p><span style="font-weight: 400;">Jacobs soon left to meet with the client, leaving Gutierrez and me at the property. We left when about a half-dozen young men left the building and started striding toward us. "Let's take a walk," said Gutierrez.</span></p> <h1><b>'That's Why It Pays To Rock the Sword'</b></h1> <p><span style="font-weight: 400;">Gutierrez needed to charge his phone, so I invited him back to my nearby Airbnb. While there, he expressed some trepidation about the Oakland job.</span></p> <p><span style="font-weight: 400;">Gutierrez told me he initially connected with Jacobs through a friend who had met the latter in a bar. Jacobs had mentioned that he was looking to hire military veterans for jobs removing squatters from homes.</span></p> <p><span style="font-weight: 400;">That kind of work sounded perfect for Gutierrez. He had served in Iraq during the height of the surge, but after getting out of the military he "didn't have the tools in my tool-belt" for civilian employment. What Jacobs was offering sounded more familiar. "I was infantry. Clearing rooms? That's cake."</span></p> <p><span style="font-weight: 400;">Most of the ASAP Squatter Removal jobs he'd worked on had been straightforward operations in which they'd move in on a property, board it up, and hold it down, sometimes for months at a time. Gutierrez said he was getting good enough at it that Jacobs had even floated the idea of him starting a Los Angeles branch of the operation.</span></p> <p><span style="font-weight: 400;">But things had gone south on a job in San Bruno in January.</span></p> <p><span style="font-weight: 400;">The target property was a single-family home their client had purchased in an estate sale. The last legal occupant was a widow who had since moved out. But her son, whom Gutierrez describes as a hoarder with a history of substance abuse, had occupied the property and refused to leave.</span></p> <p><span style="font-weight: 400;">ASAP Squatter Removal had managed to secure the property once, but the son had resumed squatting after the client let him return to retrieve some belongings. Then some of the squatter's friends moved in too.</span></p> <p><span style="font-weight: 400;">Jacobs later showed me screenshots of texts a woman named Dawn had sent to the new owner. The messages said the son would leave only after being paid $60,000 for moving expenses and lost wages. With the client unwilling to submit to this apparent extortion, ASAP Squatter Removal was hired to go back in.</span></p> <p><span style="font-weight: 400;">This time the strategy would be more inventive—and more risky. The plan was to sign Gutierrez, a registered firearm owner, up as the tenant. Because several of the squatters were reportedly out on parole for felony charges, and because felony parolees can't have guns at home, Gutierrez's presence would technically violate their parole and hopefully lead the cops to arrest and remove them.</span></p> <figure class="aligncenter size-large wp-image-8381979"><img decoding="async" class="aligncenter size-large wp-image-8381979" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/IMG_4078-1024x576.jpg" alt="Three men signing documents on top of a low wall near a street." width="1024" height="576" data-credit="Christian Britschgi" srcset="https://reason.com/wp-content/uploads/2026/05/IMG_4078-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-2048x1152.jpg 2048w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/05/IMG_4078-1920x1080.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>Christian Britschgi</figcaption></figure> <p><span style="font-weight: 400;">It was a clever idea, in theory. But it didn't work out well in practice, as the bodycam footage Gutierrez recorded during the operation makes clear.</span></p> <p><span style="font-weight: 400;">The video shows eight men entering the property in the middle of the night through a locked side gate that they destroy with a battering ram. "We're the new tenants. We're moving in," the men shout in the same kind of harsh bark used by cops announcing a search warrant.</span></p> <p><span style="font-weight: 400;">They encounter the first squatter on the ground floor, a man who appears to be so high that he doesn't even get up when the men burst in.</span></p> <p><span style="font-weight: 400;">Things get more tense as the ASAP Squatter Removal crew try to move to the second floor. "If you come up these stairs, we'll shoot you in the face," a woman shouts. </span></p> <p><span style="font-weight: 400;">At that threat, both Gutierrez and Angel, a heavyset man who'd taken point, draw firearms. Angel continues up the stairs, his weapon aimed in front of him. Gutierrez follows with his pistol aimed at the ground.</span></p> <p><span style="font-weight: 400;">The woman's claim was a bluff. Gutierrez's bodycam footage shows no gun in sight. Instead, they find the woman with a man screaming that he's the real tenant.</span></p> <p><span style="font-weight: 400;">"I've been paying the electricity bill. I've lived here for 48 years," he declares.</span></p> <p><span style="font-weight: 400;">"48 years? Well, you should have started paying some rent," Gutierrez responds.</span></p> <p><span style="font-weight: 400;">Jacobs comes up the stairs. Wire-thin and about 5'8'', he normally cuts a slight figure. That night, confidently strolling through the recaptured home in his black coat, sword at his side, he has all the gravitas of a victorious battlefield commander.</span></p> <p><span style="font-weight: 400;">But the victory proves short-lived as the male squatter from upstairs announces that he's calling the cops. "Hide the weapons," Jacobs can be heard saying on Gutierrez's bodycam footage.</span></p> <p><span style="font-weight: 400;">Then Gutierrez realizes that he left his phone in his car and that it has their only copy of the lease on it. He grabs Angel and they hustle out to get it.</span></p> <p><span style="font-weight: 400;">That's the end of the footage. According to Gutierrez, things only went further downhill after they left.</span></p> <p><span style="font-weight: 400;">On their way to get the lease, Angel admitted that he's a felon and is therefore in unlawful possession of a firearm. Meanwhile, the property was now swarming with cops and the rest of the crew were put in handcuffs, though nobody was arrested.</span></p> <p><span style="font-weight: 400;">A few days later, Gutierrez was invited to the police station to help account for the situation. When he explained their parole violation plan, the police were not happy to hear it.</span></p> <p><span style="font-weight: 400;">Worse still, Jacobs had posted the bodycam footage to the company's YouTube channel, including the part showing the drawn firearms and the part where you can hear him telling the crew to hide the guns. All of which led to the arrests of Gutierrez and Jacobs, who were charged with a litany of felonies, including burglary, kidnapping, assault with a deadly weapon, and a long list of gun enhancements.</span></p> <p><span style="font-weight: 400;">At an arraignment hearing in March, Jacobs and Gutierrez arrived without lawyers and entered not guilty pleas to all the charges they'd been hit with. Angel was absent from the arraignment hearing. A warrant for his arrest was issued in January. He was not reachable for comment.</span></p> <p><span style="font-weight: 400;">The presiding judge issued a "no contact" order forbidding Jacobs and Gutierrez from going near either the San Bruno property or the alleged victims. The order also forbade them from possessing firearms and body armor.</span></p> <p><span style="font-weight: 400;">Outside the hearing room, a defense attorney whom the judge had provisionally asked to represent Jacobs advised the two men to quickly comply with the order and surrender their guns. </span></p> <p><span style="font-weight: 400;">At any moment, the police could kick down their door looking for forbidden firearms, he said. That would be an additional charge. "I've seen it a thousand times," said the lawyer, before giving the two a quick fist bump and walking off.</span></p> <p><span style="font-weight: 400;">Gutierrez seemed dismayed by this outcome. But when I asked Jacobs about it, he told me he was ecstatic. "That went so well!" he gushed. He'd been afraid they were going to be arrested again at the hearing.</span></p> <p><span style="font-weight: 400;">But what, I asked, about the terms of the no-contact order? Will he still be able to do the Oakland job, or any job, without guns or body armor?</span></p> <p><span style="font-weight: 400;">"That's why it pays to rock the sword!" he laughed, slapping me on the back. "They didn't say anything about swords!"</span></p> <p><span style="font-weight: 400;">The Oakland job was still on.</span></p> <h1><b>Some Landlord Advocates Say It's the 'Wrong Way to Handle It'</b></h1> <p><span style="font-weight: 400;">Professional advocates for property owners advise against using services like ASAP Squatter Removal, citing the legal risks and the potential for physical violence.</span></p> <p><span style="font-weight: 400;">"Sure, it's effective, but eventually a property owner is going to be hurt trying to deal with it themselves, a squatter is going to get hurt," says Daniel Yukelson, head of the Apartment Association of Greater Los Angeles. "It's just the wrong way to handle it."</span></p> <p><span style="font-weight: 400;">But the fact that people are turning to such extreme solutions is evidence of how broken the state's system for dealing with squatters has become. In a 2024 survey of California landlords conducted by Yukelson's group, 26 percent of respondents had personally been victimized by a squatter at some point.</span></p> <p><span style="font-weight: 400;">"I think if you find anybody who's been in the business long enough, it would be hard for us to find somebody who hasn't had to deal with" a squatter, concurs Lakireddy, the Bay Area landlord.</span></p> <p><span style="font-weight: 400;">As media coverage of squatting has picked up, some states have passed laws increasing penalties for squatters and expediting the process for evicting them.</span></p> <p><span style="font-weight: 400;">In 2024,</span> <a href="https://pacificlegal.org/research/continuing-to-lock-squatters-out/"><span style="font-weight: 400;">eight states</span></a><span style="font-weight: 400;"> had laws that criminalized squatting, according to a research brief published by the Pacific Legal Foundation. In 2025, another 15 states made squatting a criminal offence.</span></p> <p><span style="font-weight: 400;">Kyle Sweetland, co-author of the brief, says that whether squatting is a criminal offense is a secondary concern. The real issue is whether owners can quickly reclaim their property in court.</span></p> <p><span style="font-weight: 400;">Sweetland says states can strike a balance between the rights of owners and tenants by creating expedited civil proceedings for removing squatters. He cites recent reforms in Georgia as a model. Under that state's new system, property owners can serve alleged squatters with a notice to either clear the property in three days, under threat of misdemeanor charges if they don't, or else produce a valid lease.</span></p> <p><span style="font-weight: 400;">If occupants do produce a lease, a court must hold a hearing within seven days to determine its validity. If the lease is fake, law enforcement must remove the squatter and the squatter is charged with a felony.</span></p> <p><span style="font-weight: 400;">In California, however, reforms like that still remain elusive.</span></p> <h1><b>A Squatter Removal Attempt in Oakland: How It Unfolded</b></h1> <p><span style="font-weight: 400;">In the days following his arraignment over the San Bruno job, Jacobs did some more surveillance of Auervonderhaid's building in Oakland. He didn't learn much from it. It was time to attempt a breach-and-clear, he told me, which he scheduled for the upcoming Saturday.</span></p> <p><span style="font-weight: 400;">Now a squad of about a half-dozen rough-looking auxiliaries is mustering in the parking lot of a laundromat a few hundred feet from Auervonderhaid's property. One of the men is wearing a vest with a "security" label and a gun strapped to his thigh. Two others are gripping baseball bats and sipping on McDonald's milkshakes.</span></p> <p><span style="font-weight: 400;">Jacobs arrives in his leather jacket, carrying his katana and a large bag of body armor.</span></p> <p><span style="font-weight: 400;">It's immediately apparent that things are not going according to plan. Jacobs had told me he wanted at least 12 guys for the Oakland job, so he's about six men short. Gutierrez is noticeably absent.</span></p> <p><span style="font-weight: 400;">To make matters worse, no one brought bolt cutters or crowbars to clear any physical barricades they might encounter. Jacobs showed up without the particle board they'd need to board up any units they do manage to secure.</span></p> <p><span style="font-weight: 400;">Jacobs is undeterred. "We got to do this smart," he says. "It just takes one slip-up."</span></p> <p><span style="font-weight: 400;">Though he's just a few hundred feet from the property they're planning to take down, Jacobs then launches into a loud description of breach-and-clear tactics. As he explains how to enter a hostile building, I recognize several apparent squatters from the earlier days' surveillance passing behind him on their way to get gas for the generator. They look quizzically at the very conspicuous crowd of men with baseball bats and guns. An Oakland police cruiser makes several slow, repeated passes on the street.</span></p> <p><span style="font-weight: 400;">During Jacobs' demonstration, a few of his hired helpers start to look side-eyed at each other. This is clearly not the kind of work they signed up for.</span></p> <p><span style="font-weight: 400;">With Gutierrez absent, Jacobs has a spare sword that he offers to anyone who wants it. No one takes him up on the offer.</span></p> <p><span style="font-weight: 400;">"I'm more proficient with a bat," says one of the men. "I ain't trying to chop someone's head off for someone else's stuff."</span></p> <p><span style="font-weight: 400;">Finished with his tactical briefing, Jacobs runs back to his car to grab the leases he's printed off for the job. While he's gone, two of the men, including the one with the security vest and the gun, walk off without saying anything.</span></p> <p><span style="font-weight: 400;">After Jacobs returns, he and the remaining enforcers sign the papers that they hope will protect them from any criminal charges if they get into a fight with the squatters.</span></p> <p><span style="font-weight: 400;">With the papers signed, Jacobs offers the smoke grenades. With no takers, he and his improvised militia set off down the street to take the apartment.</span></p> <p><span style="font-weight: 400;">An exceptionally chaotic scene follows.</span></p> <p><span style="font-weight: 400;">From across the street, I watch Jacobs' men enter the property. They are inside for 30 minutes, during which time some of the occupants start to filter out the front door. Jacobs then reappears and runs back to the parking lot, where he meets a late-arriving guard-for-hire.</span></p> <p><span style="font-weight: 400;">The two men go back into the building for a few minutes before coming back out. In the parking lot, they both claim that people on the second floor flashed guns at them.</span></p> <p><span style="font-weight: 400;">They were only pistols, the late-arriving guard assures me. "No ARs or shotguns or nothing," he says. "They won't blow your legs off."</span></p> <p><span style="font-weight: 400;">Jacobs and the late arrival then take off in a car to a Home Depot 20 minutes away to grab the wood they'll use to board up the recaptured units. The rest of the hired muscle is still inside the building.</span></p> <p><span style="font-weight: 400;">A few more tense minutes pass before the police arrive.</span></p> <p><span style="font-weight: 400;">From across the street, I see the ASAP Squatter Removal men filter out onto the street with their leases in hand. After a brief conversation with the cops, the officers leave and these men start walking back down the street toward the parking lot where they'd initially mustered. Jacobs is nowhere to be seen.</span></p> <p><span style="font-weight: 400;">When I approach the rousted anti-squatter crew, they tell me the cops told them to leave after taking a quick report.</span></p> <p><span style="font-weight: 400;">"They just looked at [the lease] and said, 'It's a civil matter. You have to go to court,'" one of the men tells me.</span></p> <p><span style="font-weight: 400;">One of Jacobs' hired men lights up a cigarette and shakes his head. I ask him if he's ever been hired to remove squatters before. He nods. To do it successfully, you have to be willing to really intimidate people, he says with a dark look in his eyes.</span></p> <p><span style="font-weight: 400;">As we stand in the parking lot, some of the squatters who'd left the building start returning to the property. One of them goes to a car, pulls out a sheathed machete, and starts to walk towards us.</span></p> <p><span style="font-weight: 400;">I take this as my cue to leave. The job is over. The squatters won the day.</span></p> <p><span style="font-weight: 400;">"We made an honest attempt," Jacobs tells me later. "It should have worked." The cops are more interested in protecting the squatters, he complains.</span></p> <p><span style="font-weight: 400;">Now that there's been an incident at the property, Jacobs says there's too much heat to attempt another breach-and-clear. He suggests he might try to get the property condemned so that code enforcement will remove all of the occupants. He also shares a few more elaborate ideas for clearing the property, which he asks me not to print.</span></p> <h1><b>Will California Ever Reform Its Squatter Eviction Process?</b></h1> <p><span style="font-weight: 400;">A critical</span> <a href="https://calmatters.digitaldemocracy.org/bills/ca_202520260sb448"><span style="font-weight: 400;">legislative committee assessment</span></a><span style="font-weight: 400;"> of California's S.B. 448, the stalled reform measure, noted that modern eviction procedures are descended from medieval laws that sought to reduce the violence that came with removing illegal occupants from a landlord's property. The idea was for the state to provide an orderly legal process as an alternative to such violence.</span></p> <p><span style="font-weight: 400;">Few would deny the orderliness of California's process for evicting squatters. Voluminous tenant protections and civil procedures ensure that every "i" is dotted and "t" is crossed before an owner can reclaim what's been taken from them.</span></p> <p><span style="font-weight: 400;">Yet this very process has produced its own form of chaos. People have learned that if they invade a property, they can physically occupy it for months or, in extreme cases, even for years, all while the legal owner spins his or her wheels in costly court proceedings.</span></p> <p><span style="font-weight: 400;">Meanwhile, the police, who hold a monopoly on the lawful use of force, cite the same orderly process as an excuse to wash their hands of the squatter problem and reduce the services they provide to property owners. When new market entrants arrive to provide their own rough form of property-rights enforcement, police and prosecutors respond, as legal monopolies typically do, by seeking to crush the competition.</span></p> <p><span style="font-weight: 400;">The criminal cases against Jacobs, Gutierrez, and Angel are ongoing. A preliminary hearing on the charges was held in March. And while the presiding judge dismissed the kidnapping counts, the other charges, including assault with a deadly weapon, still stand. A trial readiness hearing is currently scheduled for mid-July.</span></p> <p><span style="font-weight: 400;">Jacobs founded ASAP Squatter Removal for the same reasons any entrepreneur starts a business. He observed a demand for a service that was not being provided. He believed he had developed some innovative techniques that would succeed where others had failed. He was willing to absorb the associated risks.</span></p> <p><span style="font-weight: 400;">In a more anarchic world, Jacobs might be more successful. In a world where the state was a more effective guarantor of property rights, there might be no demand for eviction alternative services to begin with.</span></p> <p><span style="font-weight: 400;">But in this world, as long as California's eviction system remains ineffective and unreformed, some entrepreneur with a sword, literal or figurative, will always step forward to meet the need.</span></p> <p><span style="font-weight: 400;">On the streets, it'll still be samurai versus squatters.</span></p><p>The post <a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">Samurai vs. Squatters: On the Street With the Hired Swords Reclaiming California Property Owners&#039; Stolen Homes</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Christian Britschgi]]></media:credit>
		<media:description type="html"><![CDATA[In two separate photos, split down the middle, the left photo has a man in a leather jacket holding a baseball bat, and another man is wearing body armor and a baseball hat, while in the photo on the right stands a man wearing body armor, a long black jacket, and a holstered sword.]]></media:description>
		<media:title><![CDATA[Squatters-Removal-5-15]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Elizabeth Nolan Brown</name>
							<uri>https://reason.com/people/elizabeth-nolan-brown/</uri>
						<email>elizabeth.brown@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Smartphone Theory of Birth Rate Decline Doesn't Hold Up			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/the-smartphone-theory-of-birth-rate-decline-doesnt-hold-up/" />
		<id>https://reason.com/?p=8382240</id>
		<updated>2026-05-18T16:02:22Z</updated>
		<published>2026-05-18T16:02:22Z</published>
			<category scheme="https://reason.com/latest/" term="Cellphones" /><category scheme="https://reason.com/latest/" term="Fertility" /><category scheme="https://reason.com/latest/" term="Fertility rates" /><category scheme="https://reason.com/latest/" term="Science" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Children" /><category scheme="https://reason.com/latest/" term="Feminism" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="Parenting" /><category scheme="https://reason.com/latest/" term="Phones" />		<summary type="html"><![CDATA[Fertility rates started falling centuries before the iPhone was introduced.]]></summary>
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		<p>Just when you think smartphone panic can't get any more dumb, it always does. Case in point: People are <a href="https://x.com/arpitrage/status/2055699347258376659">insisting</a> that phones are why people worldwide are having fewer kids.</p>
<p>There's one very simple, very obvious flaw with this theory: Fertility rates have been falling for hundreds of years.</p>

<h2>History Time!</h2>
<p>In the U.S., the total fertility rate—that is, the average number of kids a woman in a given time period will have in her lifetime—has been falling <a href="https://reason.com/2023/05/02/storks-dont-take-orders-from-the-state/">since the U.S. founding</a>. (Cue panic: <em>Is democracy to blame for declining birth rates???</em>)</p>
<p>In 1800, the fertility rate for white American women <a href="https://eh.net/encyclopedia/fertility-and-mortality-in-the-united-states/">was 7.04</a>. By 1850 it had dropped to 5.42, and by 1900 it was 3.56. For black women, the fertility rate in the 1850s (the earliest period for which we have data) was 7.9; by 1900 it was 5.61.</p>
<p>By 1930, the U.S. fertility rate had fallen below 3 for both white (2.45) and black (2.98) women, and the decline continued into the 1940s.</p>
<p>Fertility trend lines have not always been a linear decrease. By 1960, fertility rates had ticked up again, reaching 3.53 for white women and 4.52 for black women.</p>
<p>Then they once again tumbled, reaching <a href="https://www.bls.gov/opub/mlr/2023/highcharts/data/dubina-chart3.stm">just 1.74</a> in 1976.</p>
<p>The fertility rate continued to hover below 2 until 1989, after which it bounced back and forth between just under and just over 2 for a couple decades. It fell to 1.97 again in the 1995–1997 period, then saw small but sustained increases from 2002 (fertility rate 2.02) through 2007 (2.11).</p>
<p>Then it started falling again, going back down to 2 by 2009. It has mostly declined modestly but consistently since then, reaching 1.89 in 2011, 1.76 in 2017, 1.66 in 2021, and 1.62 in 2024.</p>
<p>It's this post-2007 fall that has the technology alarmists going off. Don't you know the iPhone was introduced in 2007?</p>
<h2><b>Moral Panic Alert</b></h2>
<p>In a <a href="https://www.ft.com/content/fba35eca-df3a-4ad6-b42d-eb08eb7c9ad3?syn-25a6b1a6=1">new piece</a> for the<i> Financial Times</i>, John Burn-Murdoch—author of a criminally misleading and data-torturing <a href="https://reason.com/2025/08/18/is-conscientiousness-cratering-it-depends-on-how-you-twist-the-data/">article about conscientiousness</a> last year—suggests that "the most recent [birth rate] plunge appears connected with our use of technology." He notes that in the past 15 years, birth rates have been falling "across different cultures and levels of economic development." And what unites all these disparate countries? The use of smartphones, of course.</p>
<p>It sounds so obvious! That is, until you consider the other things that have united many countries over the last few decades.</p>
<p>A <a href="https://stephaniehmurray.substack.com/p/the-paradoxical-effects-of-declining">giant decline in child mortality</a>. (People have fewer kids when they're less worried that several will die.) Rising housing costs. A big financial crisis. Rising material wealth nonetheless. Rising expectations about the levels of comfort and adult supervision that kids must have. A global pandemic. Globalized media and culture. Increased access to contraception and abortion.</p>
<p>And, of course, better economic options for women and less stigma around remaining unmarried, making it economically and culturally unnecessary for women to marry and have kids. This goes in hand with Increasing educational opportunities for women and other factors leading to later marriages and, in turn, later childbearing.</p>
<p>To suggest that smartphones are driving the trend in fewer births is to ignore these myriad other potential causes in favor of a simple, sensational, and ideologically motivated narrative. It's the epitome of moral panic—honing in on one correlation (birth rates have fallen since the smartphone was introduced) while ignoring the larger context (birth rates have been falling since long before its introduction) and other potential explanations (feminism, economics, etc.) in order to push an attention-getting and easy-to-understand narrative that aligns with prevailing political priorities and scapegoats.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Going out on a limb here, but I don't think the phones did it. <a href="https://t.co/zwkSMZNusd">pic.twitter.com/zwkSMZNusd</a></p>
<p>— The Alex Nowrasteh (@AlexNowrasteh) <a href="https://twitter.com/AlexNowrasteh/status/2055984501029830864?ref_src=twsrc%5Etfw">May 17, 2026</a></p></blockquote>
<h2><b>4G Connectivity</b></h2>
<p>In his case against smartphones, Burns-Murdoch points to a <a href="https://homepages.uc.edu/~moscoshn/Personal_webpage/papers/Smartphone_web.pdf">paper</a> from Nathan Hudson and Hernan Moscoso-Boedo at the University of Cincinnati. It found "the number of births fell first and fastest in the areas that received high-speed mobile connectivity earliest," Burns-Murdoch writes.</p>
<p>This is one of those points that might seem damning—until you think about it for two seconds. What sorts of areas were more likely to get connectivity early? Densely populated metropolitan areas, where residents are more likely to be culturally liberal, where young people with big professional ambitions are more likely to move, and so on. Places that got connectivity later are going to be more isolated and less densely populated areas, which tend to be more conservative and likely to be hubs of economic opportunity.</p>
<p>It could be the phones—or it could be the entirely different set of social, economic, and political circumstances between places that would have had early 4G connectivity and those that wouldn't.</p>
<p>Besides, while Burn-Murdoch suggests that the study found this 4G/fertility-drop link for birth rates <em>generally</em>, the authors of the study directly contradict the idea that smartphones are the main culprit for fertility declines beyond teenagers.</p>
<p>"Whatever the smartphone shock is doing to fertility, it is doing to teens," they write. "The entire 25+ population, which accounts for roughly 80 percent of women of reproductive age in these countries, exhibits no detrended response in the typical country."</p>
<h2><b>Bye, Teen Moms!</b></h2>
<p>The 4G study brings us to another important point: One of the biggest factors driving a decline in fertility rates in the U.S. is a decline in teen pregnancies.</p>
<p>We've gone from <a href="https://www.cdc.gov/nchs/data/nvsr/nvsr49/nvsr49_10.pdf">more than 80 births</a> per 1,000 girls aged 15 to 19 in 1950 to just under 50 births per 1,000 in 2000 to <a href="https://www.cdc.gov/nchs/pressroom/releases/20250423.html"><i>just 12.7 births</i> per 1,000</a> in 2024.</p>
<p>The drastic decline in teen births is something to be celebrated. But it does mean fewer births generally.</p>
<p>We've simultaneously seen a <a href="https://www.census.gov/library/stories/2022/04/fertility-rates-declined-for-younger-women-increased-for-older-women.html">big rise in births to women</a> in their late 30s and early 40s. Demographically speaking, <a href="https://www.theargumentmag.com/p/the-new-york-times-is-wrong-about%C2%A0">this cannot make up for the dearth of teen moms</a>. But it's an important reminder that for a lot of women, motherhood isn't being rejected, just pushed back. And while Americans are having fewer kids, the ones they do have are on average more wanted and more likely to be raised in a stable and financially sufficient environment.</p>
<p>If the smartphones-did-it theory of fertility rate decline turns out to have some merit because high-school sophomores are too online to be having unsafe sex, that's not exactly the kind of thing I think we should lose sleep over. If the iPhone means fewer unplanned pregnancies among people not old enough to vote, well&hellip; good.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">I prefer this version xD <a href="https://t.co/6dqmtlSyOQ">pic.twitter.com/6dqmtlSyOQ</a></p>
<p>— Θωμᾶς del Vasto (@Thomasdelvasto_) <a href="https://twitter.com/Thomasdelvasto_/status/2056012985240305830?ref_src=twsrc%5Etfw">May 17, 2026</a></p></blockquote>
<h2><b>The Mexican Example</b><b></b></h2>
<p>Historically, fertility rates have fallen as countries get richer. Burn-Murdoch suggests that that can't explain our current predicament, pointing out that Mexico now has a lower birth rate than the U.S. <b></b></p>
<p>But this decline not only started before smartphones were introduced; it has coincided with a drastic increase in Mexico's GDP, especially in recent years. At the same time, feminism—legally and culturally—has been ascendant there too. <b></b></p>
<p>Access to abortion in Mexico has also changed drastically in recent decades, with Mexico City decriminalizing first-trimester abortion in 2007 (while it remained illegal in most of the country) and more areas only starting to do so around 2019.<b></b></p>
<h2><b>The Marriage Correlation</b></h2>
<p>Burns-Murdoch goes on to suggest that the main reason we have fewer children is that  we have fewer couples. Many have <a href="https://x.com/schuldensuehner/status/2055576725078044803?s=46">latched onto this</a> to make a case against phones. The theory goes something like this: Smartphones mean less imperative to date, less dating means less marriage, and fewer marriages means fewer babies.</p>
<p>Again, I must note that there are a whole lot of things other than "too busy on TikTok to date" that can explain declining marriage rates. But there's also no reason to assume that the correlation between fewer kids and fewer marriages goes the way that Burns-Mudroch suggests.</p>
<p>As Stephanie Murray has <a href="https://stephaniehmurray.substack.com/p/the-baby-bust-is-about-marriage-but">pointed out</a>, a big driver of marriage is a desire to have kids. Conversely, people who don't want children are likely disincentivized to marry. Dwindling desire for children or a decline in the economic and social imperative to do so could be driving marriage rate declines rather than the other way around.</p>
<h2><b>When It All Comes Back to Feminism  </b></h2>
<p>Even when Burns-Murdoch explores broader cultural explanations for fertility rate decline, he also blames smartphones. For instance, while noting that women's rising expectations for relationships could contribute, he suggests that smartphones made it easier to access ideas that helped fuel this phenomenon.</p>
<p>OK. That seems plausible enough.</p>
<p>But if the argument here is that birth rates are down because smartphones let women access information and cultural ideas that convinced them to dream bigger, demand better treatment, etc., that's a rather circuitous way to assign blame to technology. It's like saying "pharmacies let women access birth control pills, therefore drug stores are the cause of birth rate declines."</p>
<p>It also falls into the same category of complaint as "phones led to fewer teen girls having risky sex and unintended pregnancies." Arguing that smartphones caused these things and therefore smartphones are bad starts to seem like a socially acceptable way of saying women's rights and declines in teen births need to be rolled back.</p>
<p>Fewer teen pregnancies, fewer women feeling like they have no choice but to marry and reproduce with people whom they find undesirable, and fewer women feeling trapped into marriage and motherhood <em>may </em>be phenomena aided by smartphones. But if that's the case, good for smartphones!</p>
<hr />
<h2><b>In the News</b></h2>
<p><b>Remote prescribing and mailing of abortion pills remains legal, for now.</b> The U.S. Supreme Court weighed in last Thursday, pausing a 5th Circuit ruling that banned both things as the appeals court considered the case. (More <a href="https://reason.com/2026/05/06/louisiana-says-men-are-spiking-womens-drinks-with-abortion-pills-theres-scant-evidence-of-that/">details on that case here</a>.) The <a href="https://www.supremecourt.gov/opinions/25pdf/25a1207_21p3.pdf">order</a> comes in the form of an emergency stay, as requested by two abortion pill manufacturers. Justices Samuel Alito and Clarence Thomas dissented.</p>
<p>"Here's what happens now: the case goes back to the Fifth Circuit to be decided on the merits," <a href="https://jessica.substack.com/p/scotus-mifepristone-ruling-abortion?utm_source=post-email-title&amp;publication_id=11153&amp;post_id=197731977&amp;utm_campaign=email-post-title&amp;isFreemail=true&amp;r=lok5&amp;triedRedirect=true&amp;utm_medium=email">explains</a> Jessica Valenti. "The stay holds through that process—meaning that mifepristone will continue to be available as it is now. But it's almost certain that this case is going to end up back at the Supreme Court. Several abortion rights leaders tell me they see this as SCOTUS' way of delaying that inevitability for as long as possible. Or at least until after the midterms."</p>
<hr />
<h2><b>Read This Thread</b></h2>
<blockquote class="bluesky-embed" data-bluesky-uri="at://did:plc:34ydeurdtukrpzjjelklch4y/app.bsky.feed.post/3mltv3k55r22m" data-bluesky-cid="bafyreiexg3sqm7qtzwvqebzmbg6htlmu3h6aofyecxjbemyb6lcre7i2r4">
<p lang="en">The Comstock Act is back! (guh)The right has been aching to resurrect the zombified laws prohibiting mailing of &#34;obscene&#34; or &#34;immoral&#34; materials (sex toys! contraceptives! LGTBQ&#43; books!)Glad this was only a dissent, but not thrilled to see it rear its head at SCOTUS.</p>
<p>&mdash; <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y?ref_src=embed">Mike Stabile (@mikestabile.bsky.social)</a> <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y/post/3mltv3k55r22m?ref_src=embed">2026-05-14T22:38:57.037Z</a></p></blockquote>
<p><script async src="https://embed.bsky.app/static/embed.js" charset="utf-8"></script></p>
<hr />
<h2><b>On Substack </b></h2>
<p><b>The "vibesession" wasn't caused by social media. </b>"The Biden economy was largely defined by a divergence between consumer sentiment and traditional economic indicators," sometimes referred to as the "vibecession," <a href="https://www.theargumentmag.com/p/we-tested-one-of-the-medias-favorite">notes</a> Lakshya Jain at <em>The Argument</em>. And this vibesession, many argued, was being driven by TikTok and other media. But research conducted by <em>The Argument</em> suggests this wasn't true:</p>
<blockquote><p>At <i>The Argument</i>, we've been tracking both media consumption and voter sentiment for the last nine months. With more than 15,000 individual poll responses from voters across America, we were able to assemble incredibly detailed pictures of platform-level ideologies and sentiment across a host of different issues.</p>
<p>In all of that data, I have yet to see <i>anything </i>indicating that the vibecession is—or was—a TikTok-driven phenomenon.</p>
<p>In our <a href="https://www.theargumentmag.com/p/americans-would-trade-jobs-for-cheaper">March survey</a>, we actually asked people a battery of questions about how they viewed the economy today compared to 25 years ago. When it came to quality of life indicators like "taking a vacation," "buying a house," or "raising children," virtually everyone agreed that the economy is worse today than it was in 2001.</p>
<p>Here's the interesting part, though: The <i>least</i> pessimistic groups were the voters who got their news from social media and cable television. In every single question, those who consumed information from TikTok, Instagram, X (formerly Twitter), or cable television were actually slightly <i>more</i> optimistic than other voters were.</p></blockquote>
<hr />
<h2><b>More Sex &amp; Tech </b></h2>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Don't call it age verification. Call it centralised personal data collection. And understand that it serves surveillance, not safety for children.</p>
<p>— Tuta (@TutaPrivacy) <a href="https://twitter.com/TutaPrivacy/status/2056017036359127332?ref_src=twsrc%5Etfw">May 17, 2026</a></p></blockquote>
<p>• An Oklahoma bill that would have raised the minimum age for strippers to 21 <a href="https://www.yahoo.com/news/articles/bill-regulate-oklahomas-strip-clubs-165031564.html">has failed</a>.</p>
<p>• A bill in North Carolina would assess a <a href="https://ncnewsline.com/2026/05/05/nc-house-lawmakers-advocates-pitch-strip-club-pole-tax-to-benefit-sexual-assault-survivors/">$10 tax</a> on anyone entering a strip club.</p>
<p>The post <a href="https://reason.com/2026/05/18/the-smartphone-theory-of-birth-rate-decline-doesnt-hold-up/">The Smartphone Theory of Birth Rate Decline Doesn&#039;t Hold Up</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Person holding a smart phone on the left, a baby stroller on the right]]></media:description>
		<media:title><![CDATA[BABY-Phone-5-18]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/BABY-Phone-5-18-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Why is the Court GVRing Cases In Light Of Callais That Did Not Turn On The Issues In Callais?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/why-is-the-court-gvring-cases-in-light-of-callais-that-did-not-turn-on-the-issues-in-callais/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382245</id>
		<updated>2026-05-18T15:39:49Z</updated>
		<published>2026-05-18T15:39:49Z</published>
					<summary type="html"><![CDATA[I think the Court is hoping these cases go away on the merits and they won't have to deal with them.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/why-is-the-court-gvring-cases-in-light-of-callais-that-did-not-turn-on-the-issues-in-callais/">
			<![CDATA[<p>Today the Supreme Court GVR'd two cases in light of <em>Callais</em>. <a style="background-color: #ffffff" href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-234.html">State Board of Election Commissioners v. Mississippi NAACP</a> and <a style="background-color: #ffffff" href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-253.html">Turtle Mountain Band of Chippewa Indians v. North Dakota</a> presented the same issue: whether there is a private cause of action under Section 2. And, in both cases, Justice Jackson dissented. She wrote:</p>
<blockquote><p>This case presents only the question of Section 2's private enforceability, which our decision in Louisiana v. Callais, 608 U. S. ___ (2026), did not address. Thus I see no basis for vacating the lower court's judgment.</p></blockquote>
<p>Last week, the Court GVR'd a case from Alabama, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-243.html"><em>Allen v. Caster</em></a>, in light of <em>Callais</em>. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. They contended that in addition to a Section 2 claim, the District Court also found a vote dilution claim, so there was no reason to GVR.</p>
<blockquote><p>Today, the Court vacates a District Court order enjoining Alabama's 2023 Redistricting Plan and remands for reconsideration in light of the Court's new interpretation of §2 of the Voting Rights Act in Louisiana v. Callais, 608 U. S. ___ (2026). There is no reason to do so. In addition to holdingthat Alabama's 2023 Redistricting Plan violates §2, the District Court held, in one of the three cases before this Court, that Alabama violated the Fourteenth Amendment by intentionally diluting the votes of Black voters in Alabama. That constitutional finding of intentional discrimination is independent of, and unaffected by, any of the legal issues discussed in Callais. Vacatur is thus inappropriate and will cause only confusion as Alabamians begin to vote in the elections scheduled for next week. I respectfully dissent.</p></blockquote>
<p>What is going on here?</p>
<p>I think much of the criticism of the "shadow" docket is overblown. When the Court grants or denies a stay, you can usually figure out why they did so. But the GVRs are often more cryptic. Often the Court is telling the parties to look at one issue, but in reality know another issue will resolve it.</p>
<p>For example, the cases from Mississippi and North Dakota are Section 2 cases. The question of whether there is an enforceable private cause of action only matters if in fact there is a Section 2 violation. You usually think of the existence of a cause of action as a non-merits threshold issue, but in reality, if there is no discrimination, the Supreme Court won't have to decide the threshold issue.</p>
<p>In light of <em>Callais</em>, I think it very, very unlikely that the Plaintiffs can prove an intentional racial gerrymander. And they may not want to. Remember, the Court vacated the <em>entire</em> judgment of the lower court. The parties have to start from square one. They would have to hold a new trial based on new evidence. And, as all know, Mississippi will likely redistrict in the near future, so the case would be mooted out. The NAACP may simply decide this particular case is not worth fighting. Why litigate over old maps that will not affect anyone? Thus the case goes away I am less familiar with the facts in North Dakota, but I suspect similar dynamic are at play. The Justices may never have to actually decide the private cause of action case under Section 2 because Section 2 will have very little vitality post-<em>Callais</em>. (Derek Muller has a <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6674201&amp;__cf_chl_tk=.nBdbTMC0xrOsAYNsUcDEocWjjj2zRKVqLjUkVuzTAA-1779118483-1.0.1.1-IsoadVIc3Q9VhKDBduds8ENS975uL_WqeRzGAvthjTQ">new paper</a> on private rights of action for election litigation.)</p>
<p>The Alabama GVR is a bit trickier to figure out. It isn't clear to me that the vote dilution case is controlled by <em>Callais</em>. But perhaps the Justices are hoping the District Court extends the <em>Callais</em> rule to the Fourteenth Amendment context. Then, the Court can summarily affirm, or something to that extent.</p>
<p>The Court's general practice, it seems, is to issue a landmark ruling then hide for a while. They <a href="https://reason.com/volokh/2026/05/14/what-do-bruen-dobbs-and-sffa-have-in-common/">took this path</a> with affirmative action, abortion, guns, and now will do it with voting rights.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/why-is-the-court-gvring-cases-in-light-of-callais-that-did-not-turn-on-the-issues-in-callais/">Why is the Court GVRing Cases In Light Of &lt;i&gt;Callais&lt;/i&gt; That Did Not Turn On The Issues In &lt;i&gt;Callais&lt;/i&gt;?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				The Second Amendment, Guns on Private Property, Guns in Parks, and "The Fifth Element"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/the-second-amendment-guns-on-private-property-guns-in-parks-and-the-fifth-element/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382246</id>
		<updated>2026-05-18T15:23:28Z</updated>
		<published>2026-05-18T15:22:58Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" />		<summary type="html"><![CDATA[From today's Second Circuit decision in Christian v. Keane, in an opinion by Judge Joseph Bianco, joined by Judge Eunice Lee&#8230;
The post The Second Amendment, Guns on Private Property, Guns in Parks, and &#34;The Fifth Element&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/the-second-amendment-guns-on-private-property-guns-in-parks-and-the-fifth-element/">
			<![CDATA[<p>From today's Second Circuit decision in <a href="https://assets.nationbuilder.com/firearmspolicycoalition/pages/6597/attachments/original/1779111420/2026.05.18_072-1_OPINION.pdf?1779111420"><em>Christian v. Keane</em></a>, in an opinion by Judge Joseph Bianco, joined by Judge Eunice Lee and, as to the Private Proverty Provision, Judge Steven Menashi:</p>
<blockquote><p>These two appeals involve Plaintiffs' Second Amendment challenge to New York's Concealed Carry Improvement Act ("CCIA") provisions prohibiting firearm possession in two types of locations: (1) private property "where [a] person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of [guns] on their property is permitted or by otherwise giving express consent; and (2) "sensitive locations. Plaintiffs challenge the Private Property Provision, as applied to private property open to the public. Plaintiffs asserted only a facial challenge to the Public Parks Provision in the district court, but now also seek to raise an as-applied challenge based upon its application to rural parks.</p>
<p>We conclude that the Private Property Provision, as applied to private property open to the public, is unconstitutional because the State did not carry its burden of demonstrating that the restriction falls within our Nation's historical tradition of gun regulations, as required under the framework set forth in <em>New York State Rifle &amp; Pistol Association, Inc. v. Bruen</em> (2022). On the other hand, we conclude that the Public Parks Provision survives Plaintiffs' facial challenge because the State has carried its burden of showing that regulation is consistent with our Nation's historical tradition of banning gun possession in urban public parks. Finally, we decline to address any as-applied challenge to the Public Parks Provision, to the extent it applies to rural parks, because Plaintiffs failed to raise that challenge in the district court.</p></blockquote>
<p>Judge Menashi dissented in part as to the Public Parks Provision.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/the-second-amendment-guns-on-private-property-guns-in-parks-and-the-fifth-element/">The Second Amendment, Guns on Private Property, Guns in Parks, and &quot;The Fifth Element&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Refuses to Order Pam Bondi to Delete Tweeted Booking Photos in Prosecution for Interference with ICE in Minneapolis			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/court-refuses-to-order-pam-bondi-to-delete-tweeted-booking-photos-in-prosecution-for-interference-with-ice-in-minneapolis/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382135</id>
		<updated>2026-05-17T21:00:55Z</updated>
		<published>2026-05-18T14:57:54Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[From Magistrate Judge Elsa Bullard (D. Minn.) Wednesday in U.S. v. Doyle: On January 26, 2026, the Government filed a&#8230;
The post Court Refuses to Order Pam Bondi to Delete Tweeted Booking Photos in Prosecution for Interference with ICE in Minneapolis appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/court-refuses-to-order-pam-bondi-to-delete-tweeted-booking-photos-in-prosecution-for-interference-with-ice-in-minneapolis/">
			<![CDATA[<p>From Magistrate Judge Elsa Bullard (D. Minn.) Wednesday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.230896/gov.uscourts.mnd.230896.39.0.pdf"><em>U.S. v. Doyle</em></a>:</p>
<blockquote><p>On January 26, 2026, the Government filed a complaint alleging that Defendant Joshua Doyle "did forcibly assault, resist, oppose, impede, or interfere with &hellip; Victim 1, a United State[s] Homeland Security Investigations Special Agent" performing official duties, and made physical contact with the victim, in violation of 18 U.S.C. § 111(a)(1)&hellip;.</p>
<p>Mr. Doyle moves for a "gag order" based on two posts that he alleges former Attorney General Pam Bondi made "regarding Mr. Doyle" prior to his initial appearance. Mr. Doyle asks me to "prohibit[ ] the Government from making further statements about [him]" and to direct Bondi to remove the two posts.</p>
<p>On January 28, former Attorney General Pam Bondi allegedly made two posts on the social-media platform, X.</p>
<p>In the first post, made at 12:53 pm., she stated:</p>
<blockquote><p>I am on the ground in Minneapolis today. Federal agents have arrested 16 Minnesota rioters for allegedly assaulting federal law enforcement—people who have been resisting and impeding our federal law enforcement agents. We expect more arrests to come. I've said it before and I'll say it again: NOTHING will stop President Trump and this Department of Justice from enforcing the law."</p>
<p>In the second post, made at 1:10 p.m., Mr. Doyle alleges that Bondi posted a "'booking' style photo" of him&hellip;.</p></blockquote>
<p>Mr. Doyle's briefing suggests three separate grounds for a gag order.</p></blockquote>
<p><span id="more-8382135"></span></p>
<blockquote><p>First, he suggests that a gag order should issue based on his compelling privacy interest in the booking photos. He relies on a civil, Freedom of Information Act ("FOIA") case, <em>Detroit Free Press Inc. v. United States Department of Justice</em> (6th Cir. 2016) (en banc). There, a newspaper asked the Government to disclose booking photos of defendants in an active criminal prosecution. When the Government denied its request, the newspaper sued, arguing that FOIA required disclosure. The Government argued that nondisclosure of the booking photos was permissible under FOIA's Exemption 7(C).</p>
<p>The court's extensive Exemption 7(C) analysis considered whether the defendants had a privacy interest in the photos and, if so, whether the privacy interest outweighed "the core purpose of the FOIA, which is contributing significantly to public understanding of the operations or activities of the government." The court agreed with the <em>Government</em> that defendants generally have "a non-trivial privacy interest" in booking photos. It remanded to the district court to assess whether public interest in understanding government operations or activities under FOIA outweighed the defendants' privacy interests in that particular case.</p>
<p>Mr. Doyle plucks from <em>Detroit Free Press</em>'s lengthy analysis the holding that defendants have a privacy interest in booking photos; he notes that this is consistent with policy and regulations recognizing that booking photos are sensitive information. But as Mr. Doyle seems to acknowledge, a privacy interest alone doesn't authorize me to issue a gag order. Indeed, even <em>Detroit Free Press</em> indicates that booking photos may be disclosed under some circumstances. Mr. Doyle certainly has some privacy interest in his booking photo. But the parties do not provide fulsome discussion of Mr. Doyle's privacy interest weighed against the Government's interests. I therefore reject any suggestion that I can restrain the Government from publicizing the booking photo based solely on Mr. Doyle's privacy interest in it.</p>
<p>Second, Mr. Doyle argues that a gag order should issue because Bondi's X posts violate his Sixth Amendment rights to a fair trial, undermining the presumption of innocence and "creat[ing] an unacceptable risk of prejudice" by tainting "'the minds of the jurors at trial.'" He claims that Bondi deleting her posts would "minimize[ ] the ongoing damage that the Government has already done."</p>
<p>Mr. Doyle relies on <em>Beck v. Washington</em> (1962), which concerned a high-profile criminal case that received significant, lengthy pre-trial publicity. During jury selection, venire "members were examined by the court and counsel at length." Those admitting bias or "preformed opinion" were excused. The defendant used all his peremptory challenges.</p>
<p>The Court's "study of the voir dire indicate[d] clearly that each juror's qualifications as to the impartiality far exceeded the minimum standards this Court established in its earlier cases." Thus, the Court could "[ ]not say the pretrial publicity was so intensive and extensive or the examination of the entire panel revealed such prejudice that the court could not believe the answers of the jurors and would be compelled to find bias or preformed opinion as a matter of law."</p>
<p><em>Beck</em> concluded: "While this Court stands ready to correct violations of constitutional rights, it also holds that it is not asking too much that the burden of showing essential unfairness be sustained by him who claims such injustice and seeks to have the result set aside, and that it be sustained not as a matter of speculation but as a demonstrable reality." It held that the defendant there hadn't met this burden.</p>
<p><em>Beck</em> thus teaches that even with significant pre-trial publicity, a robust jury-selection process can safeguard against essential unfairness. Here, the two X posts are far less intensive and extensive than the prolonged media campaign in <em>Beck</em>. Rigorous jury selection can safeguard against any potential prejudice caused. Therefore, I find that Mr. Doyle has not met his burden under <em>Beck</em> to demonstrate the "reality" that Bondi's publication of the two X posts will cause essential unfairness at trial in violation of his Sixth Amendment rights.</p>
<p>Third, Mr. Doyle suggests that a gag order should issue because former Attorney General Bondi was a legal representative in this case when she made the posts. Mr. Doyle acknowledges that prior restraints on speech are strongly disfavored as a serious infringement on the First Amendment rights of the public and the press. But he relies on <em>Gentile v. State Bar of Nevada,</em> (1991), to argue that these concerns are lessened when the speech being constrained is that of the case's lawyers.</p>
<p>In <em>Gentile,</em> the Court considered a challenge to a Nevada Supreme Court rule prohibiting an attorney from commenting about a case to the media if the attorney knew or should have known the comments would "have a substantial likelihood of materially prejudicing an adjudicative proceeding." The Court's earlier opinions "expressly contemplated that the speech of those participating before the courts could be limited," indicating that "a less demanding standard than [the clear-and-present danger standard] established for regulation of the press" applied to legal representatives. <em>Gentile</em> therefore held that the "substantial likelihood of material prejudice" standard was constitutionally sufficient to justify proscribing an attorney's extrajudicial comments under the state rule.</p>
<p>Here, neither party addresses the fact that Bondi is no longer a lawyer in this case [since she was dismissed as AG on April 2] or what impact her now-non-legal-representative status has on the applicable standard. But even under <em>Gentile</em>'s relaxed standard for lawyers, I find that Mr. Doyle has not met his burden.</p>
<p>Bondi's two posts do not amount to a prolonged, overly divulgent, inflammatory mainstream media campaign against Mr. Doyle. And if Bondi's posts were reposted by others (a point Mr. Doyle doesn't address), ordering her to delete her original posts wouldn't resolve the problem of potential prejudice. Thus, Mr. Doyle has not shown that prejudice is substantially likely or that the requested remedy could alleviate any likely prejudice. As discussed, jury selection is the best guard against this risk.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/18/court-refuses-to-order-pam-bondi-to-delete-tweeted-booking-photos-in-prosecution-for-interference-with-ice-in-minneapolis/">Court Refuses to Order Pam Bondi to Delete Tweeted Booking Photos in Prosecution for Interference with ICE in Minneapolis</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Thomas Massie's Moment Has Come			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/thomas-massies-moment-has-come/" />
		<id>https://reason.com/?p=8382150</id>
		<updated>2026-05-18T22:13:31Z</updated>
		<published>2026-05-18T13:30:26Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Thomas Massie" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Plus: Ed Gallrein won't talk about his background, and Sen. Bill Cassidy bites the dust.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/thomas-massies-moment-has-come/">
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										alt="Boebert and Massie | Tom Williams/CQ Roll Call/Newscom"
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		<p><strong>Friends of Rep. Thomas Massie flocked to his Kentucky district to campaign for him over the weekend,</strong> drawing the ire of the libertarian-leaning Republican's number one hater: Donald Trump. The furious president called for a new wave of reprisals against those who would defy him, including Rep. Lauren Boebert (R–Col.), who said she supported both Massie and Trump.</p>
<p>"Boebert is campaigning for the Worst 'Republican' Congressman in the History of our Country, Thomas Massie, of the Great Commonwealth of Kentucky, and anybody who can be that dumb deserves a good Primary fight!" <a href="https://truthsocial.com/@realDonaldTrump/posts/116586609402311469">seethed</a> Trump on Truth Social. "Even though I long ago endorsed Boebert, if the right person came along, it would be my Honor to withdraw that Endorsement, and endorse a good and proper alternative."</p>
<p>Boebert, to her credit, was not cowed, <a href="https://x.com/laurenboebert/status/2055785706606264800">replying on X</a> that she was "proud to stand by my friend Thomas Massie."</p>

<p>Sen. Rand Paul (R–Ky.) and Rep. Victoria Spartz (R–Ind.) have also campaigned for Massie.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="fr" dir="ltr">Massie's Race Matters! <a href="https://t.co/gdiW7kIUkE">pic.twitter.com/gdiW7kIUkE</a></p>
<p>&mdash; Lauren Boebert (@laurenboebert) <a href="https://twitter.com/laurenboebert/status/2056173810835984814?ref_src=twsrc%5Etfw">May 18, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The president's allies are throwing everything they can at Massie, including a last-minute accusation of personal misconduct involving a former girlfriend. Despite headline after headline proclaiming that the congressman was involved with some sort of "hush money" payment, the <a href="https://reason.com/2026/05/15/thomas-massies-enemies-are-attacking-him-with-an-unfair-accusation/">actual details</a> are not nearly so salacious: According to Massie, he gave the ex-girlfriend, Cynthia West, between $5,000 and $10,000 to help her move to Washington, D.C. West subsequently obtained, and then lost, a job in Sparz's office, and filed a wrongful termination suit. Both Massie and Sparz deny that she was offered "hush money" by Massie. On the contrary, the Office of Congressional Workplace Rights offered her $60,000 to settle the suit, which she refused.</p>
<p>It's the sort of non-scandal that wouldn't even merit media coverage, but Trump's social media boosters have seized upon it. Laura Loomer has posted about Massie incessantly on X, and is even planning to release <a href="https://x.com/LauraLoomer/status/2056152519420579847">some sort of interview</a> with West.</p>
<p>This all goes to show that within the Republican Party, crossing Trump is still a risky move. Massie is popular within his district, but Trump is putting everything he can to tip the scales in favor of Massie's challenger, Ed Gallrein. With both sides spending a combined $35 million on the race, it has already become <a href="https://thehill.com/homenews/campaign/5880962-massie-trump-kentucky-primary/">the most expensive congressional primary in history.</a></p>
<p><strong>Meanwhile, Gallrein is running an anemic campaign that consists entirely of coasting on Trump's endorsement<em>. </em></strong>Gallrein has skipped every debate and refused to answer basic questions about his background. Independent journalist Ken Klippenstein notes that Gallrien has been <a href="https://www.kenklippenstein.com/p/iran-war-vs-epstein-files">deliberately vague</a> about his time as a Navy SEAL, leaving voters to assume that he was involved in secret missions. Gallrein has bragged that Trump reviewed his classified files—and if he's good enough for Trump, he suggests, he should be good enough for Republican primary voters.</p>
<p>Needless to say, Gallrein has dutifully backed Trump completely, even on issues that are a tough sell for some Republicans, to say nothing of general election voters. Gallrein has defended Trump's war with Iran and dismissed concerns from constituents about higher gas prices. He has <a href="https://x.com/kenklippenstein/status/2055812272534986842">claimed</a> that Trump is playing "five-dimensional chess" against the Iranians. He subsequently altered the analogy to "nine-dimensional chess." Trump's ability to win at chess is expanding beyond the physical constraints of this universe.</p>
<p>Tuesday's primary is expected to be close. Some recent polling has Massie trailing Gallrein, and the challenger is <a href="https://x.com/Polymarket/status/2056141536916639805">also ahead in prediction markets</a>. Another occasional Trump foe, Sen. Bill Cassidy (R–La.), lost his primary over the weekend, <a href="https://www.nytimes.com/2026/05/16/us/politics/cassidy-louisiana-race-trump.html">coming in third</a> and missing the run-off. Cassidy had voted to remove Trump from office after January 6 and thwarted some of the Health and Human Services Secretary Robert F. Kennedy Jr.'s initiatives. Now he's gone: Trump may be unpopular in national polls, but within the Republican Party, he's still collecting scalps.</p>
<hr />
<p><strong><em>Scenes from Washington, D.C.:</em> </strong>It was a gorgeous weekend in the nation's capital, with temperatures finally <em>consistently </em>in the 80s on Sunday. I attended a graduation party, a brunch with other journalists, and the annual <a href="http://www.dcdragonboatfestival.com/">Dragon Boat Festival</a>, a Taiwanese cultural event.</p>
<hr />
<p><strong>QUICK HITS</strong></p>
<ul>
<li>Trump's <a href="https://www.politico.com/news/2026/05/17/taiwan-trump-weapons-sales-00925594">statements</a> about delaying weapons sales to Taiwan have raised some eyebrows.</li>
<li>Trump also said that China pledged not to provide military assistance to Iran during the <a href="https://www.foxnews.com/live-news/iran-war-trump-news-strait-hormuz-blockade-ceasefire-tensions-may-15">current war</a>.</li>
<li>Some students <a href="https://nymag.com/intelligencer/article/jonathan-haidt-nyu-commencement-speaker-campus-speech-debate.html">protested</a> Jonathan Haidt, who spoke at New York University's commencement last week. His remarks were <a href="https://www.theatlantic.com/ideas/2026/05/nyu-jonathan-haidt-commencement-speech/687168/?utm_source=twitter&amp;utm_campaign=ntatl&amp;utm_medium=social">published</a> by <em>The Atlantic.</em></li>
<li>New data center construction is becoming more and more <a href="https://www.deseret.com/business/2026/05/16/data-centers-bans-moratoriums-state-legislatures-citizen-opposition-initiatives-referendum-artificial-intelligence-water-sair-quality/">controversial</a>.</li>
<li>Megan McArdle: "<a href="https://www.washingtonpost.com/opinions/2026/05/17/europe-has-grandeur-america-has-economic-abundance/">Is France really poorer than Mississippi?</a>" The answer is yes.</li>
<li>Elon Musk just can't stop <a href="https://x.com/elonmusk/status/2056108622728610256">complaining</a> about the casting for Christopher Nolan's <em>The Odyssey. </em>Here is the academic Oliver Traldi's excellent contribution to this idiotic discourse:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">To settle a troublesome discourse, I have provided here the most faithful and poetic possible translation of the beginning of the Odyssey.</p>
<p>We male sex. We<br />complex. We</p>
<p>fake horse. We<br />off course. We</p>
<p>sail long. We<br />hear song. We</p>
<p>pig crew. We<br />home soon.</p>
<p>&mdash; Oliver Traldi (@olivertraldi) <a href="https://twitter.com/olivertraldi/status/2056088994144735556?ref_src=twsrc%5Etfw">May 17, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/18/thomas-massies-moment-has-come/">Thomas Massie&#039;s Moment Has Come</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Tom Williams/CQ Roll Call/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Boebert and Massie]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Plaintiff Can Sue Pseudonymously Because She's a Criminal Defense Lawyer with a Gambling Addiction			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/plaintiff-can-sue-pseudonymously-because-shes-a-criminal-defense-lawyer-with-a-gambling-addiction/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382126</id>
		<updated>2026-05-17T19:27:13Z</updated>
		<published>2026-05-18T13:22:08Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[But reputational and professional harm is generally not a basis for allowing pseudonymity in most cases (since so many litigants face some such harm from the allegations in their cases being public). Did it make sense to allow it here?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/plaintiff-can-sue-pseudonymously-because-shes-a-criminal-defense-lawyer-with-a-gambling-addiction/">
			<![CDATA[<p>From <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.wawd.359448/gov.uscourts.wawd.359448.23.0.pdf">E.B. v. Kimi Crush Ltd.</a></em>, decided Thursday by Judge Michelle Peterson (W.D. Wash.):</p>
<blockquote><p>On March 3, 2026, Plaintiff E.B. filed a complaint on behalf of herself and all others similarly situated, bringing Washington state law claims alleging that Defendants Kimi Crush Limited &hellip;, Ant Hive Creations, Inc. &hellip;, Prinsloo Global Group, Inc. &hellip;, JoyBox Studio Limited &hellip;, and Starfish Technology Limited &hellip; operated illegal online casino games. Plaintiff states that she is a criminal defense attorney who faces reputational and professional harm if her diagnosed gambling addiction becomes known&hellip;.</p>
<p>Plaintiff requests to proceed under the pseudonym E.B. to "(i) maintain her privacy when disclosing personal and highly sensitive details, such as her diagnosed gambling addiction; and (ii) protect her from the significant risk of professional and reputational harm[.]" &hellip;</p>
<p>A party's use of a fictitious name or pseudonym runs counter to "the public's common law right of access to judicial proceedings and Rule 10(a)'s command that the title of every complaint 'include the names of all the parties[.]'" Nevertheless, the Ninth Circuit "permit[s] parties to proceed anonymously when special circumstances justify secrecy." Proceeding under a pseudonym is permissible when "necessary &hellip; to protect a person from harassment, injury, ridicule or personal embarrassment." &hellip;</p>
<p>The Court finds Plaintiff has made a sufficient showing of the "need for anonymity to at least warrant provisionally granting her leave to continue pseudonymously until Defendants have appeared." &hellip; Plaintiff contends she risks substantial social and professional stigma should her gambling addiction become public knowledge. She raises reasonable concerns that this would affect her ability to attract and retain clients.</p></blockquote>
<p><span id="more-8382126"></span></p>
<blockquote><p>The Court also finds, at this stage, that the public has a limited interest in learning Plaintiff's identity. While the public has an interest in the matters being litigated, it is unclear how disguising Plaintiff's identity would obstruct public scrutiny of the important issues in this case.</p>
<p>Finally, without any defendant having appeared in this case, it is too early to assess the prejudice to Defendants. Moreover, Plaintiff states she will share her identity with them during discovery. The Court will therefore defer considering prejudice to Defendants and the availability of mitigating procedures until it has the benefit of Defendants' arguments. Accordingly, the Court PROVISIONALLY GRANTS Plaintiff's Motion for Leave to Proceed Pseudonymously&hellip;.</p></blockquote>
<p>I can understand why plaintiff <a href="https://storage.courtlistener.com/recap/gov.uscourts.wawd.359448/gov.uscourts.wawd.359448.17.0.pdf">wouldn't want to</a> "[p]ublicly link[] her name to a gambling addiction diagnosis and six-figure losses," because it "would directly threaten her ability to attract clients and sustain her practice." I just don't think that her desire to keep this secret should outweigh the public's ability to supervise what the court does in this case—and indeed prospective clients' ability to decide whether to trust a lawyer who has this problem.</p>
<p>Indeed, the <em>E.B. </em>decision seems inconsistent with the Ninth Circuit nonprecedential decision in <em><a href="https://scholar.google.com/scholar_case?case=6520381712823556308">Roe v. Skillz, Inc.</a></em>(9th Cir. 2021), which came out the opposite way on very similar facts, rejecting pseudonymity for someone who said she was a gambling addict and argued "that disclosure could negatively affect her professional standing, as her employer is unaware of her struggles and her work requires interaction with the public who may 'weaponize' it against her." Generally speaking, "That a plaintiff may suffer embarrassment or economic harm is not enough" to allow her to proceed pseudonymously (<em><a href="https://scholar.google.com/scholar_case?case=6206353708056878983">Doe v. Megless</a></em>(3d Cir. 2011)); pseudonymity "has not been permitted when only the plaintiff's economic or professional concerns are involved" (<em><a href="https://scholar.google.com/scholar_case?case=6258784891972778293">M.M. v. Zavaras</a> </em>(10th Cir. 1998), quoting <em>National Commodity &amp; Barter Ass'n v. Gibbs</em> (10th Cir.1989)).</p>
<p>Moreover, courts have mostly rejected pseudonymity as to claims of drug and alcohol addiction, though some courts have disagreed (see <a href="https://www2.law.ucla.edu/volokh/pseudonym.pdf#page=62">nn. 302-05 and accompanying text in <em>The Law of Pseudonymous Litigation</em></a>). And some courts have concluded that pseudonymity is particular inapt for would-be class representatives—which E.B. seeks to be here—because it "may &hellip; preclude potential class members from properly evaluating the qualifications of the class representative," though here too others have disagreed (see nn. 155-156 and <em><a href="https://www2.law.ucla.edu/volokh/pseudonym.pdf#page=35">accompanying text</a></em>). <em>E.B. </em>further adds to this disagreement.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/plaintiff-can-sue-pseudonymously-because-shes-a-criminal-defense-lawyer-with-a-gambling-addiction/">Plaintiff Can Sue Pseudonymously Because She&#039;s a Criminal Defense Lawyer with a Gambling Addiction</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Notre Dame Pro-Abortion-Rights Professor Ordered to Pay $200K in Fees in Failed Libel Lawsuit Against Student Newspaper			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/notre-dame-pro-abortion-rights-professor-ordered-to-pay-200k-in-fees-in-failed-libel-lawsuit-against-student-newspaper/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382107</id>
		<updated>2026-05-16T23:06:23Z</updated>
		<published>2026-05-18T12:31:13Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[So Special Judge Steven David (Ind. Super. Ct. St. Joseph County) ruled Friday. There had been a dispute about the&#8230;
The post Notre Dame Pro-Abortion-Rights Professor Ordered to Pay $200K in Fees in Failed Libel Lawsuit Against Student Newspaper appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/notre-dame-pro-abortion-rights-professor-ordered-to-pay-200k-in-fees-in-failed-libel-lawsuit-against-student-newspaper/">
			<![CDATA[<p>So Special Judge Steven David (Ind. Super. Ct. St. Joseph County) <a href="https://reason.com/wp-content/uploads/2026/05/Proposed-Order.pdf">ruled</a> Friday. There had been a dispute about the reasonableness of the attorney fees, as there often is, but the court largely ruled that defendant's fee request was indeed reasonable (with only modest deductions). It also noted that the plaintiff didn't use the opportunity to present live evidence at the fee hearing, which might have offered more of a chance at successfully challenging the fees:</p>
<blockquote><p>No questions were asked of [defendant's] Lead Counsel. No one asked him to be placed under oath to give additional testimony other than his previous declarations. He was not asked to justify the hours. He was not asked any questions at all that may have helped the trial court judge determine what was reasonable or unreasonable. Such an examination would seem to this trial judge as to have been very helpful to it in its determination of what is reasonable and what is not.</p></blockquote>
<p>For more on the substance of the case, here's an excerpt from the opinion in <a href="https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=YFH9gidUvoeKmE6mwrqbowIGUuEhcakqKBv3wjl7q6modWdAgemvqJHtimfa9Pg60"><em>Kay v. Irish Rover Inc.</em></a>, decided last year by Indiana Court of Appeals Judge Paul Mathias, joined by Judges Elaine Brown and Dana Kenworthy:</p>
<blockquote><p>Dr. Tamara Kay appeals the St. Joseph Superior Court's order granting The Irish Rover, Inc.'s, motion to dismiss her defamation claim&hellip;. On the dates the alleged defamation occurred, Dr. Kay was a tenured professor in the Keough School of Global Affairs and the Sociology Department at the University of Notre Dame. Her "academic research and teaching is focused on trade, labor, social movements, globalization, organizations, and global health which includes reproductive health and rights." Many of Dr. Kay's extensive writings in journals, newspapers, and on Twitter focus on advocating for abortion legalization.</p>
<p>The Irish Rover is an independent, student newspaper at the University. {[O]ne of its missions is to articulate and defend the Catholic character of the University.} &hellip;</p>
<p>After the United States Supreme Court decided <em>Dobbs v. Jackson Woman's Health Organization</em> on June 24, 2022, Dr. Kay "became more outspoken on the issue of abortion access," including more frequent posts on Twitter. On September 15, 2022, the Indiana General Assembly's legislation limiting abortion in Indiana took effect, although it was enjoined shortly thereafter&hellip;.</p></blockquote>
<p>Kay sued over two articles published by the Irish Rover that concerned Dr. Kay's speech. To oversimplify matters somewhat, under Indiana libel law, a libel claim based on speech on matters of public concern can only prevail based on a showing of knowing or reckless falsehood—mere negligence isn't enough, even if plaintiff is a private figure. (In this respect, Indiana libel law is more speaker-protective than the constitutional minimum set forth by First Amendment law.) And here, the court concluded that the Rover's statements were either true or at least reasonable interpretations of the facts that the Rover had, and certainly weren't knowingly or recklessly false:</p>
<p><span id="more-8382107"></span></p>
<blockquote><p>Here, we agree with the trial court that the undisputed facts established that The Irish Rover's two articles were written in good faith and that the alleged defamatory statements were not false. The October 12, 2022, article is titled "Keough School Professor Offers Abortion Access to Students." The article discusses a panel Dr. Kay participated in and her opinions on the ineffectiveness and immorality of abortion bans. The newspaper quoted Dr. Kay as stating that her "view runs afoul of Church teaching, but in other areas, [her] positions are perfectly aligned [with the Church.]"</p>
<p>The article included a photograph of the sign on Dr. Kay's office door, which stated, "This is a SAFE SPACE to get help and information on ALL Healthcare issues and access – confidentially with care and compassion[.]" The sign also included the letter "J" in a circle, which the article recognized to "denote Notre Dame professors who are willing to help students access abortion." In support of that statement, the article cited to a social media post where Dr. Kay stated, "'[w]e are here (as private citizens, not representatives of ND) to help you access healthcare when you need it, and we are prepared in every way. Look for the 'J'[,] Spread the word to students!'"</p>
<p>The article also discussed the legality and availability of Plan B and Plan C abortion pills. In particular, the article stated that, "in reference to these pills," Dr. Kay had tweeted, "'Will help as a private citizen if you have issues w access or cost. DM me [sic].'" The article described Dr. Kay's retweets of posts from groups concerning reimbursement of costs of obtaining an abortion out of state or getting Plan C pills by mail. The article stated that the sign on her office door was later removed and her tweets referencing abortions for students were later deleted. The article reported that, during the panel event, Dr. Kay was asked if her statements promoting abortion were aligned with "Church teaching and Notre Dame policy," and Dr. Kay responded that she was not actively promoting abortion, but then later clarified, "[o]h, I am doing that as a private citizen &hellip;."</p>
<p>{In her complaint, Dr. Kay did not specifically allege that any of the statements in the October article were untrue or defamatory&hellip;. As most of the article contains quotes from Dr. Kay's social media or the sign on her office door, she could not reasonably question the veracity of the statements in the article. It appears that her claim of defamation regarding the October article is based solely on the title of the article.}</p>
<p>The Irish Rover published its second article on March 22, 2023, which was titled, "Tamara Kay Explains Herself to Notre Dame Democrats." The College Democrats had invited Dr. Kay to speak about her career and research and how her work has impacted "'her activism around abortion rights post-<em>Dobbs</em>[.]'" In her complaint, Dr. Kay challenged the following specific statements from the article as false and defamatory: 1) that Dr. Kay was "posting offers to procure abortion pills on her office door"; 2) that Dr. Kay said to the audience, "if you have that academic freedom, you should use it"; and 3) that Dr. Kay acknowledged that the students in the crowd could not be as forward in their pro-abortion activities as she is and stated, "I can't impose that on you &hellip; but I'm doing me, and you should do you."</p>
<p>{During the panel discussion [before the College Democrats], an audience member asked Dr. Kay how students should have conversations about abortion "during this time" and referenced the University's statement that the students have academic freedom. Dr. Kay responded, "you have to really be fully committed to activism to be able to stick your neck out like I am right? [B]ecause I can't impose that or say you should do it. You know, you have to do what you have to do. And I think what I've come to is I'm doing me, and other folks can do them." Dr. Kay also stated, "if you don't have academic freedom, you don't have a university. You can't call it a university."}</p>
<p>The article also included Dr. Kay's faculty photo, which she did not give the paper permission to use. [The court doesn't analyze this photograph point separately, but generally a photographed person doesn't need to give permission for a newspaper to use the photograph; and any copyright claim would have had to be asserted in federal court by the copyright owner, which was likely the University rather than the professor. -EV]</p>
<p>The Irish Rover's statements in their articles concerning Dr. Kay were quotes from Dr. Kay's social media, statements paraphrasing Dr. Kay's statements at the panel event, or statements discussing Dr. Kay's prior publications. Included in its designated evidence, The Irish Rover submitted copies of the tweets referenced or quoted in the October article and a transcript from the March panel event. The newspaper also submitted articles published in 2022 and 2023 by (or co-authored by) Dr. Kay addressing access to abortion, and the burdens and negative effects of abortion bans.</p>
<p>Dr. Kay never explicitly stated that she would assist a student by procuring abortion pills for that student. But The Irish Rover made a reasonable inference from Dr. Kay's own statements that she would do so. It was reasonable for The Irish Rover reporters to conclude that assistance or help would include providing information to a student on how abortion medication could be obtained&hellip;. [T]he articles were not fabricated and were not based on unverified anonymous sources or sources wholly lacking in credibility. Therefore, The Irish Rover presented a prima facie case that the articles had a "reasonable basis in fact."</p>
<p>Dr. Kay was therefore required to designate evidence to establish that the statements lacked a "reasonable basis in fact." In response to The Irish Rover's motion to dismiss, Dr. Kay designated her own affidavit and described her only interaction with a student staff member of The Irish Rover. In particular, she stated that Joseph DeReuil had spoken with her after the September 2022 panel event but did not ask to interview her or disclose the fact that he was recording their conversation. Dr. Kay stated that DeReuil did not ask her about the sign on her office door, what she meant by "healthcare" or what the "J" symbolized. Dr. Kay averred that the "J" stood for "'Jane Doe,' which is how victims of sexual assault are typically referred to" and that she had used the "J" to express that she is "an ally for victims of sexual assault."</p>
<p>Dr. Kay's affidavit also quoted an email she had received from DeReuil asking for a meeting to continue their discussion about Dr. Kay's abortion position and an email received within hours of DeReuil's email from a Holy Cross student asking for Dr. Kay's assistance in procuring Plan C. Dr. Kay did not respond to either email because she assumed that "the close proximity in time" of receipt "was not a coincidence &hellip;."</p>
<p>Dr. Kay averred that the sign on her office door "pertained to student sexual assaults" and "did not pertain to abortion." And she claimed that a statement in the October article that she used the "panel as a platform to explain why she thought abortion bans are ineffective and immoral, complementing her work to bring abortion to Notre Dame students" was false and defamatory. Likewise, Dr. Kay claimed that The Irish Rover's statements that she offered help to obtain abortion medications and abortion services were false and defamatory. {However, as we noted above, Dr. Kay did not specifically claim that any of these statements were false and defamatory in her complaint.}</p>
<p>None of Dr. Kay's public statements discussed in The Irish Rover's articles referenced her specific concerns for victims of sexual assault. She expressed those concerns in private emails between herself and other University faculty members. However, her public statements, her social media posts, and her writings concerned access to abortion services or reproductive healthcare.</p>
<p>We therefore conclude that Dr. Kay's designated evidence does not create a genuine issue of material fact concerning whether The Irish Rover had a reasonable basis in fact to publish the statements in the two articles. The Irish Rover's reporters reasonably concluded that Dr. Kay was generally addressing access to abortion and assistance to students who needed information about procuring an abortion.</p>
<p>Even if Dr. Kay would be able to prove that she intended only to assist sexual assault victims who wanted an abortion, Dr. Kay would also have to prove that The Irish Rover acted with actual malice at trial&hellip;.</p>
<p>The Irish Rover designated evidence via deposition testimony from the authors of the articles that they believed that the inferences that they made from Dr. Kay's own statements, publications, and social media posts, which they published in the articles, were true. While it is true that DeReuil could have specifically asked Dr. Kay what the "J" on her office door stood for and what she specifically meant by her statements about helping individuals who needed access to healthcare, DeReuil's failure to do so is not evidence of actual malice, particularly in light of the undisputed fact that he asked to meet with Dr. Kay before the article was published but she did not respond to the request. {The Irish Rover designated evidence that the "J" could have been a reference to the Jane Collective, a pro-choice group that offered to assist women to obtain abortions by transporting them across state lines.} &hellip;</p>
<p>The designated evidence thus established that The Irish Rover reporters believed that the statements in their articles were true, and, therefore, Dr. Kay would not be able to prove her claim of defamation&hellip;. For the same reasons, The Irish Rover also presented a prima facie case that its publications were made in good faith&hellip;.</p></blockquote>
<p>Jim Bopp and Taylor C. Shetina (The Bopp Law Firm, PC) represent the Irish Rover.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/notre-dame-pro-abortion-rights-professor-ordered-to-pay-200k-in-fees-in-failed-libel-lawsuit-against-student-newspaper/">Notre Dame Pro-Abortion-Rights Professor Ordered to Pay $200K in Fees in Failed Libel Lawsuit Against Student Newspaper</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				8½-Year Sentence for American Who Fought for ISIS Is Too Lenient, Says Sixth Circuit			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/8%c2%bd-year-sentence-for-american-who-fought-for-isis-is-too-lenient-says-sixth-circuit/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382101</id>
		<updated>2026-05-18T14:32:02Z</updated>
		<published>2026-05-18T12:01:40Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[The district court had departed downward from the Sentencing Guidelines' recommended sentence of 30 to 50 years.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/8%c2%bd-year-sentence-for-american-who-fought-for-isis-is-too-lenient-says-sixth-circuit/">
			<![CDATA[<p>From Wednesday's decision by Judge Amul Thapar, joined by Judges Julia Gibbons and Joan Larsen, in <a href="https://cases.justia.com/federal/appellate-courts/ca6/25-5471/25-5471-2026-05-13.pdf?ts=1778702434"><em>U.S. v. Ramic</em></a>:</p>
<blockquote><p>Over a decade ago, a new wave of terrorism spread across the Middle East. A group calling itself the Islamic State of Iraq and Syria (ISIS) sought to establish a new regime strictly governed by Islamic law. To do so, ISIS employed brutal tactics—planting bombs, publicly decapitating its enemies, burning people alive, and enslaving women and children. It also launched vicious attacks to conquer territory in Iraq and Syria. And it recruited fighters from around the world to perform these acts of terrorism.</p>
<p>Mirsad Ramic was one such fighter. He traveled from the United States to Syria, where he participated in an attack that claimed over 100,000 lives&hellip;.</p>
<p>Mirsad Ramic grew up in Bosnia during a civil war. That conflict involved genocide and war crimes targeted at minority groups, including Bosnian Muslims like Ramic and his family. In fact, Ramic's father was killed during this conflict. So once the war concluded, the United States offered Ramic and his family a fresh start by granting them refugee status. Ramic's family ultimately settled in Bowling Green, Kentucky, a city with a vibrant population of other Bosnian refugees. Eventually, Ramic became a naturalized U.S. citizen, but he was unhappy with his American life.</p>
<p>Rather than embracing the privilege of American citizenship, Ramic embraced the extremist views of terrorist groups trying to destroy the United States and its allies. During his naturalization ceremony, Ramic refused to recite the oath of allegiance to the United States. Instead, he proclaimed an Islamic oath and cursed all nonbelievers&hellip;.</p></blockquote>
<p><span id="more-8382101"></span></p>
<blockquote><p>Abdullah el-Faisal &hellip; was a Jamaican Muslim cleric who had previously been convicted in the United Kingdom of advocating for the murder of Jews, Hindus, Christians, and Americans. When ISIS started gaining traction, Faisal began recruiting for the group and urged his supporters to launch violent jihadist attacks. He instructed his followers on how to covertly travel to Syria or Iraq to join ISIS. Ramic consumed this radical propaganda and soon ascended to Faisal's inner circle, becoming one of the few people trusted to directly raise money on Faisal's behalf.</p>
<p>Ramic then put Faisal's instructions into action and traveled to Syria to join ISIS. Upon arriving in Syria, Ramic completed an ISIS intake form, indicating that he wished to become a fighter. To prepare for battle, Ramic went through military-style training where he learned warfare tactics and how to use combat weapons. His classmates recalled that he expressed a particular interest in automatic weapons and sniper rifles.</p>
<p>After completing his training, Ramic fought in the siege of Kobane, a city in northern Syria. He was on the front lines of the initial assault on the city. During this battle, ISIS primarily fought against a local militia group. But the United States also supported that local militia, launching air strikes against ISIS forces. Though the attack was ultimately unsuccessful, ISIS wreaked enormous havoc on the city and its populace, displacing hundreds of thousands of civilians and committing numerous atrocities. Roughly 100,000 people died during the campaign.</p>
<p>Following the siege of Kobane, Ramic continued to support ISIS's mission. He posted on social media, praising ISIS's public beheading of Coptic Christians in Libya, boasting about how many bodies he could fit in the back of a car, and bragging that he had "slave girls" cleaning his house&hellip;.</p>
<p>Eventually, Ramic became disillusioned with ISIS. He was disappointed that it didn't "apply[] Islamic principles" strictly enough and that the people he met in Syria "did not practice the Muslim faith at all." So he decided to abandon ISIS and travel to Turkey instead.</p>
<p>Once Ramic entered Turkey, Turkish authorities arrested him for engaging in terrorism. After holding him in custody for five years, Turkish authorities turned Ramic over to the United States&hellip;..</p></blockquote>
<p>Among other things, the court rejected the district court's downward departure from the sentencing guidelines:</p>
<blockquote><p>Throughout sentencing, the district court downplayed ISIS's mission and Ramic's actions. It described Ramic's conduct as "participation in an organized army intent on capturing a piece of territory for the creation of their own state." And it repeatedly characterized Ramic as a "soldier" and "fighter" who merely "went to join an army."</p>
<p>But Ramic was no ordinary soldier. That's because ISIS isn't an army governed by the laws of war or a code of ethics like our armed forces. It's a terrorist group that has engaged in countless atrocities.</p>
<p>And if there were any doubt about ISIS's brutality, the government proved it at trial. First, the government established that ISIS carried out a large suicide attack at a mosque in Kuwait. Then, ISIS targeted Belgium, where a member began shooting inside a museum, murdering four people. Around the same time, ISIS executed 700 cadets at a military school in Iraq, killing one young soldier after another. And the following year, ISIS publicly beheaded 21 Coptic Christians simply because those innocent civilians dared to practice their faith.</p>
<p>What's more, the government showed that Ramic embraced ISIS's radical beliefs and atrocities. On social media, he hoped for the day when President Obama's daughters would "be sold as [slaves] in one of the local markets." He threatened the "rafidah/shia" Muslims that they must convert to Sunni Islam "or Die." He posted a photo of a United States "fallen veterans" brochure alongside an ISIS flag and rifles and asked others if they were "ready for a joint mission" to "make more [U.S. soldiers] fall." And he celebrated the beheadings of the Coptic Christians: "If [J]esus was alive today he would be with Islamic State, and behead #Copts for taking him as god besides Allah." The district court, however, failed to address these posts in determining the seriousness of Ramic's offense&hellip;.</p>
<p>Ramic intended to help ISIS gain power and territory so that it could wage a global jihad. Plus, Ramic's participation meant that ISIS needed one fewer fighter on the battlefield in Syria and could instead afford to send its members to commit terrorist attacks around the world. The district court's failure to grapple with ISIS's brutalities or recognize how Ramic's efforts facilitated those atrocities caused it to understate the seriousness of his crimes.</p>
<p>The district court also stated that Ramic's actions didn't involve "any acts of senseless violence against innocent people." But that ignores the district court's own factual findings. The district court adopted the PSR [Pre-Sentence Report] without change. The PSR explicitly noted that the siege of Kobane—which Ramic participated in—led to the displacement of hundreds of thousands of civilians and the deaths of about 100,000 people. The PSR further explained that ISIS engaged in atrocities against civilians in the area.</p>
<p>Granted, there's no specific evidence about what Ramic did during the siege. But we know that his participation in the siege of Kobane supported ISIS's commission of brutalities. And we know that he abused civilians by forcing "slave girls" to clean his house. So the record—including the district court's own factual findings—undermines the court's assertion that Ramic's conduct didn't involve "senseless violence" against civilians.</p>
<p>Finally, the district court downplayed Ramic's crimes by claiming that he didn't engage "in any acts of terrorism &hellip; in a more common sense" understanding of that term. Specifically, the district court emphasized that "[t]here were no bombs" or "horrible incidents of gun violence against crowds."</p>
<p>First, we don't know whether that's true—ISIS regularly targeted civilians with bombs and guns. Second, even though there's no specific evidence that Ramic engaged in such conduct, the district court's rationale still doesn't justify such a substantial downward variance. A district court must ensure that a sentence "meshes with Congress's own view of the crime['s] seriousness." Congress adopted a broader definition of material support that extends beyond just launching bombs or shooting into a crowd. <em>See</em> 18 U.S.C. § 2339A(b)(1) (defining "material support" as "any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel &hellip;, and transportation"). By fixating on its own unduly narrow conception of terrorism, the district court ignored its obligation to craft a sentence that reflects Congress's broader view of that crime&hellip;.</p></blockquote>
<p>The appellate court also faulted the district court for "plac[ing] too much weight on national sentencing data":</p>
<blockquote><p>The district court started with the median sentence for terrorism defendants with the same criminal-history category and offense level as Ramic, which was 168 months. It then subtracted 67 months for the time Ramic spent in Turkish custody and arrived at a final sentence of 101 months' imprisonment&hellip;.</p>
<p>[W]hile a district court may consider national statistics to evaluate potential sentencing disparities, district courts may not "elevate the Commission's statistical data over the text of the Guidelines themselves." That's because it is the role of the Sentencing Commission—not district courts—to update the Guidelines in response to new empirical data.</p>
<p>Plus, sentencing statistics have important limitations that can prevent district courts from making meaningful comparisons between cases. For example, the data may be "so general that it often is difficult to know whether offenders grouped into the same primary offense category have indeed been found guilty of similar conduct." &hellip;</p>
<p>Here, &hellip; [t]he district court started with the median sentence for similarly situated offenders, even though it admitted it didn't "have a whole lot of texture to what these other defendants did." Without any comparison to other defendants, it asserted that it "tend[ed] to view this more along the median of 168 months." And in doing so, the district court ignored significant gaps in the sentencing data.</p>
<p>First, the relevant sample size included only nine other defendants. So it's possible the data was skewed by one or two outlier cases.</p>
<p>Second, the bare sentencing data didn't explain the severity of the other defendants' crimes, specify whether they accepted responsibility, or indicate whether they had been rehabilitated. Despite the lack of these key details, the district court still somehow determined that Ramic's conduct was "along the median of 168 months." But without more information, the district court had little basis to conclude that Ramic was similarly situated to those other defendants. Did they travel to Syria and actually fight in a war? Did they boast about their activities and their hatred for America? We don't know. Indeed, compared to other defendants who engaged in conduct like Ramic's, his sentence is shockingly low&hellip;.</p></blockquote>
<p>And the court held that the "district court also failed to properly weigh the need to protect the public from Ramic's potential future crimes":</p>
<blockquote><p>[E]mpirical research on Americans who traveled to join jihadist groups in Syria and Iraq supports these observations. Even after returning to the United States, those individuals still pose a threat because they can support local jihadist networks, share their knowledge on how to conduct terrorist attacks, and recruit new members&hellip;.</p>
<p>[U]nder the district court's sentence, Ramic would be released at age 39, so he would still be capable of launching future attacks. [And] Ramic received military-type training from ISIS. That means he's "far more sophisticated than an individual convicted of an ordinary street crime" and thus "poses a heightened risk of future dangerousness." &hellip;</p>
<p>Perhaps most importantly, Ramic hasn't disavowed terrorism. He left ISIS not because he disagreed with the group's mission or its brutal tactics, but because he believed ISIS was corrupt&hellip;.</p>
<p>Plus, Ramic hasn't demonstrated remorse or accepted responsibility for his crimes. At sentencing, he delivered a lengthy monologue, stretching over 11 pages of the sentencing transcript, in which he lambasted the case against him. Ramic insisted that he was "an innocent man" and that he "completely reject[ed]" the charges against him. He claimed it was a "sham prosecution from the start" that was "brought by biased, prejudiced, &hellip; rogue[,] and corrupt prosecutors &hellip; with a compromised grand jury." Ramic's belief that he did absolutely nothing wrong is yet another indication that he may return to terrorism upon his release. And he may now have an additional motive to attack the United States after serving a prison sentence for what he believes was a "sham prosecution." &hellip;</p>
<p>These concerns about Ramic returning to terrorism upon his release aren't merely hypothetical. Courts' refusals to incapacitate terrorists for a long period of time have had deadly consequences. <em>See, e.g.</em>, Katrin Bennhold, Melissa Eddy &amp; Christopher F. Schuetze, <em>Vienna Reels From a Rare Terrorist Attack</em>, N.Y. Times (Oct. 9, 2021) (describing a terrorist who was sentenced to just 22 months in prison for traveling to join ISIS, was released after one year, and then launched an attack in Vienna that killed four people and wounded another 23); Sadie Gurman, <em>Old Dominion Shooting Suspect Had ISIS Conviction, Was Subdued by Students</em>, Wall St. J. (Mar. 12, 2026, at 19:00 ET) (describing a terrorist who provided material support to ISIS, received a sentence far below the Guidelines range, was released, and then opened fire in a university classroom, killing the instructor and wounding two others)&hellip;.</p>
<p>When sentencing terrorists, protecting the public is of primary importance. The district court's failure to properly weigh this factor when dealing with Ramic makes his sentence substantively unreasonable.</p></blockquote>
<p>Amanda E. Gregory represents the federal government.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/18/8%c2%bd-year-sentence-for-american-who-fought-for-isis-is-too-lenient-says-sixth-circuit/">8½-Year Sentence for American Who Fought for ISIS Is Too Lenient, Says Sixth Circuit</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 18, 1860			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/today-in-supreme-court-history-may-18-1860-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340698</id>
		<updated>2025-07-12T04:21:41Z</updated>
		<published>2026-05-18T11:00:51Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/18/1860: Abraham Lincoln wins the Republican Party presidential nomination.
The post Today in Supreme Court History: May 18, 1860 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/today-in-supreme-court-history-may-18-1860-7/">
			<![CDATA[<p>5/18/1860: Abraham Lincoln wins the Republican Party presidential nomination.</p> <figure id="attachment_8030218" aria-describedby="caption-attachment-8030218" style="width: 240px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8030218" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/Lincoln-240x300.jpg" alt="" width="240" height="300" srcset="https://reason.com/wp-content/uploads/2019/10/Lincoln-240x300.jpg 240w, https://reason.com/wp-content/uploads/2019/10/Lincoln.jpg 560w" sizes="(max-width: 240px) 100vw, 240px" /><figcaption id="caption-attachment-8030218" class="wp-caption-text">President Abraham Lincoln</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/18/today-in-supreme-court-history-may-18-1860-7/">Today in Supreme Court History: May 18, 1860</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Taxes and Government Fees Make Up 25 Percent of Car Rental Fees			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/taxes-and-government-fees-make-up-25-percent-of-car-rental-fees/" />
		<id>https://reason.com/?p=8382138</id>
		<updated>2026-05-17T23:32:02Z</updated>
		<published>2026-05-18T11:00:44Z</published>
			<category scheme="https://reason.com/latest/" term="Airports" /><category scheme="https://reason.com/latest/" term="Transportation Policy" /><category scheme="https://reason.com/latest/" term="Travel" /><category scheme="https://reason.com/latest/" term="Automobiles" /><category scheme="https://reason.com/latest/" term="Gas Taxes" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Taxes" />		<summary type="html"><![CDATA[Travelers make easy targets for revenue-hungry officials.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/taxes-and-government-fees-make-up-25-percent-of-car-rental-fees/">
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		<p>With gasoline averaging about <a href="https://gasprices.aaa.com/todays-state-averages/">$4.50 per gallon</a>—over six bucks if you're unlucky enough to live in California—President Donald Trump proposes a <a href="https://thehill.com/homenews/house/5875043-trump-gas-tax-holiday-congress/">gas tax holiday</a> to give American consumers a bit of relief. A reprieve from taxes is always welcome, but the real bite isn't the <a href="https://www.eia.gov/tools/faqs/faq.php?id=10&amp;t=5">federal 18.4 cents per gallon of gasoline and 24.4 cents on each gallon of diesel fuel</a>. States <a href="https://www.eia.gov/tools/faqs/faq.php?id=10&amp;t=5">charge far more</a>, and that's especially true if you rent a car, with gas taxes the least of the problem. In some places, more than half the tab for car rentals comes from taxes and government-mandated fees.</p>

<h1>Car Rental Taxes Add 'Hundreds of Dollars to Vacation Expenses'</h1>
<p>Travelers make for easy marks, since they rarely vote in the places that soak them for revenue. The taxes and fees add up. Last year, Tennessee's WSMV4 <a href="https://www.wsmv.com/2025/11/24/wsmv4-investigates-nashville-airport-rental-car-fees-shock-travelers-with-hidden-costs/">reported</a> that at Nashville International Airport, car renters are hit by "multiple taxes and daily charges that can add hundreds of dollars to vacation expenses."</p>
<p>Taxes and fees come from multiple levels of government, including states, localities, and authorities such as those that run airports. That makes renting a car more expensive than many people expect.</p>
<p>"Rental cars are some of the most heavily taxed transactions in the United States," Adam Hoffer and Jacob Macumber-Rosin <a href="https://taxfoundation.org/blog/rental-car-taxes-fees/">wrote</a> recently for the Tax Foundation. As the authors noted in a <a href="https://taxfoundation.org/data/all/state/rental-car-taxes/">separate piece</a> last year, the most burdensome state taxes are found in Minnesota, at 22.5 percent. But as they note in the recent piece, high local taxes and fees make Chicago the most expensive city, tax-wise, to rent a car:</p>
<blockquote><p>Despite Illinois imposing one of the lower tax rates on rental vehicles at 5 percent—ranked 35th in our state rankings—the addition of a 15 percent City of Chicago rental tax, a 6 percent Metropolitan Pier and Exposition Authority (MPEA) tax, a 1 percent Cook County Automobile Renting Occupation and Use Tax (ART), and a $0.50 per rental City of Chicago tax, the combined total tax on a Chicago car rental is 27.2 percent, or $68.00 on a $250 5-day rental.</p></blockquote>
<p>After Chicago, they add, "Seattle, Washington (24.8 percent); Denver, Colorado (23.9 percent); Minneapolis, Minnesota (23.3 percent); and Colorado Springs, Colorado (21.9 percent), tax rental cars most heavily."</p>
<p>The cheapest place to rent a car, tax-wise, is Cincinnati, Ohio, where levies add up to 6.5 percent. Detroit, Michigan, and Columbus, Ohio, come in next at 8 percent.</p>
<p>But local authorities, like those that operate airports, also impose taxes and fees. These can overshadow state and city taxes, making it smart to leave airport property before picking up a car.</p>
<h1>Mandated Airport Fees Exceed State and Local Taxes</h1>
<p>"In nearly every case we examined, airport fees exceeded the combined taxes charged on a rental contract," add Hoffer and Macumber-Rosin. "The largest total airport fee is charged at Newark Liberty International, at 40.67 percent—over $101 on a $250 car rental."</p>
<p>Those fees are usually justified as funding airport operations. But in 2014, <em>The Wall Street Journal</em>'s Heather Haddon <a href="https://www.wsj.com/articles/SB10001424052702303370904579296551900603872">reported</a> that "a tax on travelers who rent cars at Newark Liberty International Airport is helping to fund an animal shelter, a park and a jobs program in New Jersey's largest city." She added that "rental car companies, tax groups and travelers associations say the taxes unfairly tap people who don't live in a locality to pay for services that benefit others."</p>
<p>Newark airport's take is the largest in the country, but it doesn't stand alone. The lowest fees, at 11.11 percent, are at St. Louis Lambert International Airport and Orange County, California's John Wayne Airport. Those fees are added on top of state and municipal taxes to deliver a surprise to travelers who haven't yet learned that quoted car rental prices are often just a vague wave in the general direction of the final bill.</p>
<h1>A Combined 63.8 Percent Levy on Car Rentals</h1>
<p>"The combined total burden from state and local taxes, airport fees, and other fees on car rentals is more than 25 percent of the sample transaction in every major city we examined, and is more than 50 percent in 5 cities," comment Hoffer and Macumber-Rosin.</p>
<p>Newark's combined tax and fee burden on car rentals is 63.8 percent. Denver comes in at 55.44 percent, Chicago at 54.06 percent, and Seattle at 53.32 percent.</p>
<p>The lowest tax and fee combination found in the study is 25.08 percent in Anaheim, California. St. Louis, Missouri, follows at 26.49 percent, with Tucson, Arizona, at 28.29 percent.</p>
<p>Rental companies are aware of the burdens that taxes and fees pile on travelers and how they can come as a rude shock to customers expecting one price and paying another. Hertz, one of the car rental giants, <a href="https://www.hertz.com/us/en/blog/resources/do-you-pay-tax-when-renting-a-car-in-the-us">warns on its website</a> that "car rental tax differs from state to state" and that "basing your budget on the base rate alone can be misleading as not all providers include rental taxes and fees in this total." The company urges renters to share their itineraries with the company so "you'll easily see how the total cost is worked out, including any extra fees and car rental taxes."</p>
<p>Hertz doesn't mention its staff's <a href="https://www.usatoday.com/story/travel/columnist/2026/03/31/car-rental-companies-issues/89336749007/">impressive ability to detect expensive damage on returned vehicles that's invisible to the human eye</a>.</p>
<p>And, of course, plenty of people still get slammed by unexpected taxes and fees. The fact is that most renters have little sway with tax-imposing authorities in a place they're just visiting. The most they can do is avoid renting a vehicle in the most avaricious locales in favor of traveling elsewhere.</p>
<h1>Travelers Are Easy Marks for High Taxes</h1>
<p>Travelers are also considered fair game for lodging taxes, which can make hotel room rates just as much a guessing game as those of rental cars.</p>
<p>"A growing number of US destinations are lifting their hotel tax—often called a bed tax, tourist tax or occupancy tax—adding double-digit percentages and nightly fees to room bills," <em>Hotel Management</em>'s Mohamed Dabo <a href="https://www.hotelmanagement-network.com/news/us-hotel-stays-cost-more-as-bed-taxes-climb-in-many-cities/">reported</a> last November. "Industry research suggests the average lodging levy in the US is now above 15%."</p>
<p>Hoffer and Macumber-Rosin urge that rather than "trying to export the tax burden to nonresidents, municipalities should enact principled, neutral transportation tax policy that is unlikely to discourage visitors, tourists, and other economic activity." But so long as travelers have limited means to punish tax-hungry officials in places they visit, they're unlikely to enjoy anything like a tax holiday. Keep that in mind as you plan your trips.</p>
<p>The post <a href="https://reason.com/2026/05/18/taxes-and-government-fees-make-up-25-percent-of-car-rental-fees/">Taxes and Government Fees Make Up 25 Percent of Car Rental Fees</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[DPST/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[A woman stands, seemingly confused, in the middle of a parking lot full of rental cars.]]></media:description>
		<media:title><![CDATA[car-rental-lot-woman-confused-lost]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/car-rental-lot-woman-confused-lost-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Jeff Luse</name>
							<uri>https://reason.com/people/jeff-luse/</uri>
						<email>jeff.luse@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				This Tiny Toad Blocked a Green Energy Project. A New Federal Rule Will Cut 'Green' Tape.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/less-green-tape-for-more-clean-energy/" />
		<id>https://reason.com/?p=8378383</id>
		<updated>2026-04-24T19:09:27Z</updated>
		<published>2026-05-18T10:00:47Z</published>
			<category scheme="https://reason.com/latest/" term="Clean Energy" /><category scheme="https://reason.com/latest/" term="Deregulation" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Environmental Protection Agency" /><category scheme="https://reason.com/latest/" term="Regulation" />		<summary type="html"><![CDATA[A streamlined process for environmental review under the National Environmental Policy Act gives the government broader discretion to approve projects.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/less-green-tape-for-more-clean-energy/">
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		<p>In February, the Interior Department, which manages 20 percent of America's land, unveiled a <a href="https://www.federalregister.gov/documents/2026/02/24/2026-03708/national-environmental-policy-act-implementing-regulations">streamlined process</a> for environmental review under the National Environmental Policy Act (NEPA). The new rule moves the department's NEPA procedures from the Code of Federal Regulations to an internal handbook, giving the department broader discretion in how it implements NEPA review. It also incorporates the page limits and statutory deadlines for NEPA review enacted by Congress in 2023.</p>
<p>NEPA has been an impediment to most energy and infrastructure projects in the United States. While many organizations have invoked the law to delay fossil fuel production, NEPA has disproportionately blocked clean power projects.</p>
<p>That is what happened in 2021, when the Bureau of Land Management approved a permit for the Ormat Dixie Valley geothermal project in Nevada's Great Basin Desert. The project, which Ormat began exploring in 2007, sought to tap into the area's hot springs to produce enough geothermal energy to power 44,000 homes, offsetting 6.5 million tons of carbon dioxide, <em>Mother Jones</em> <a href="https://www.motherjones.com/environment/2023/12/geothermal-energy-ormat-dixie-valley-toad-nevada-endangered/">reported</a>. But construction stopped in 2022, when local environmentalists filed a NEPA lawsuit. The complaint argued that the project would hurt the population of a rare toad that the federal government had listed as endangered earlier that year. While a federal judge did not grant an injunction, the project has faced <a href="https://thenevadaindependent.com/article/geothermal-developer-sues-feds-for-listing-nevada-toad-as-endangered">other environmental lawsuits</a> and remained in limbo as of March.</p>
<p>The Interior Department hopes to avoid situations like that with its new NEPA rule, but not everyone supports the changes. In December, the Center for Biological Diversity and the Sierra Club sued the government over the draft version of the rule. Central to the challenge is a provision that removes mandatory public hearings from the NEPA process, which the groups argue is illegal.</p>
<p>Such legal challenges illustrate the perils of reforming the permitting process through executive decree. Even if such efforts can survive judicial review, NEPA reforms that are not backed by binding legislation are likely to change based on whoever occupies the White House.</p>
<p>Congress is considering legislation that would make reforms more durable, including the <a href="https://reason.com/2025/12/18/the-house-just-passed-a-bill-to-curb-environmental-lawsuits-and-speed-up-construction-projects/">SPEED Act</a>, which the House approved in December. That bill would expand the list of categorical exclusions—projects that don't require reviews—and tighten the statute of limitations for NEPA lawsuits. Although the SPEED Act is unlikely to pass the Senate because it includes provisions that disfavor offshore wind energy, it has laid the groundwork for <a href="https://www.energy.senate.gov/2026/3/heinrich-and-whitehouse-joint-statement-on-permitting-reform">bipartisan permitting reform</a>.</p>
<p>Those talks may falter, as they have in recent Congresses, and the Interior Department's rule may be reversed when the next Democrat takes over the White House. In the meantime, we can take solace in the fact that the government is trying to reduce its involvement in everyday life—at least when it comes to permitting.</p>
<p>The post <a href="https://reason.com/2026/05/18/less-green-tape-for-more-clean-energy/">This Tiny Toad Blocked a Green Energy Project. A New Federal Rule Will Cut &#039;Green&#039; Tape.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: The Happiest Place on Earth			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/18/brickbat-the-happiest-place-on-earth/" />
		<id>https://reason.com/?p=8381313</id>
		<updated>2026-05-12T03:27:33Z</updated>
		<published>2026-05-18T08:00:02Z</published>
			<category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Florida" />		<summary type="html"><![CDATA[Dash camera video released by Orlando's News 6 appears to show an Orange County, Florida, sheriff's deputy forcing a driver off&#8230;
The post Brickbat: The Happiest Place on Earth appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/18/brickbat-the-happiest-place-on-earth/">
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										alt="Orange County Sheriff SUV and a Welcome to Florida sign | Illustration: Jillian Cain/Wellesenterprises/Dreamstime/Midjourney"
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		<p>Dash camera video released by Orlando's News 6 <a href="https://www.clickorlando.com/news/investigators/2026/05/04/video-shows-orange-county-deputy-running-driver-off-road-near-walt-disney-world/">appears to show</a> an Orange County, Florida, sheriff's deputy forcing a driver off the road near Walt Disney World while merging. The driver, Ivan Schiffino, said the deputy cut across a painted divider without using a turn signal, causing both vehicles to go into the grassy median to avoid a collision. The video shows the patrol car made a U-turn, and the deputy turned on his lights and drove away without checking on him or stopping to discuss the incident. Schiffino said his car suffered minor damage, but no one was hurt. The Orange County Sheriff's Office said the incident is under investigation by its Professional Standards Division, but the agency did not say whether the deputy was responding to an emergency call at the time.</p>
<p>The post <a href="https://reason.com/2026/05/18/brickbat-the-happiest-place-on-earth/">Brickbat: The Happiest Place on Earth</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Jillian Cain/Wellesenterprises/Dreamstime/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Orange County Sheriff SUV and a Welcome to Florida sign]]></media:description>
		<media:title><![CDATA[orange-county-police-road-run-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/18/open-thread-208/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382122</id>
		<updated>2026-05-18T07:00:00Z</updated>
		<published>2026-05-18T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/18/open-thread-208/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/18/open-thread-208/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Memories of a Different Planet: Roentgenizdat			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/17/memories-of-a-different-planet-roentgenizdat/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382132</id>
		<updated>2026-05-17T20:37:48Z</updated>
		<published>2026-05-17T20:37:48Z</published>
			<category scheme="https://reason.com/latest/" term="Music" /><category scheme="https://reason.com/latest/" term="History" />		<summary type="html"><![CDATA[From Wikipedia, photo by Dmitry Rozhkov of display "Rock on bones" in Gallery "Vinzavod", Moscow (2008) My father Vladimir was&#8230;
The post Memories of a Different Planet: Roentgenizdat appeared first on Reason.com.
]]></summary>
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			<![CDATA[<blockquote><p><img decoding="async" class="size-full wp-image-8382133" style="font-weight: bold; font-family: franklin-gothic-urw, Arial, Gadget;" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Rock_on_Bones21.jpg" alt="" width="800" height="639" srcset="https://reason.com/wp-content/uploads/2026/05/Rock_on_Bones21.jpg 800w, https://reason.com/wp-content/uploads/2026/05/Rock_on_Bones21-300x240.jpg 300w, https://reason.com/wp-content/uploads/2026/05/Rock_on_Bones21-768x613.jpg 768w" sizes="(max-width: 800px) 100vw, 800px" /></p> <p>From <a href="https://upload.wikimedia.org/wikipedia/commons/6/69/Rock_on_Bones2.jpg">Wikipedia</a>, photo by Dmitry Rozhkov of display "Rock on bones" in Gallery "Vinzavod", Moscow (2008)</p></blockquote> <p>My father Vladimir was remarking yesterday about an item from his youth in the USSR: People wanted to hear Western music (such as jazz and rock), but the Soviet authorities wouldn't allow it to be distributed. One could sometimes hear it on foreign shortwave broadcasts, but how to record it? And if one could get a smuggled foreign LP, how to duplicate it? Consumer tape recorders were generally unavailable. People had record players, and some people managed to cobble together recording machines for LPs. But the standard recording medium—vinyl—wasn't available to ordinary consumers.</p> <p>So people would record instead on used X-rays, such as the ones you can see above. The story made its way into the West some time ago; there's a recent book on the subject, <em>Bone Music: Soviet X-Ray Audio</em>, and an <a href="https://www.x-rayaudio.com/">accompanying web site</a>. Here's an excerpt from the site:</p> <p><span id="more-8382132"></span></p> <blockquote> <p class="">The bootleggers' first technical problem, that of obtaining a machine to record with was relatively straightforward. Literature existed explaining audio recording techniques (say in case a righteous citizen wanted to copy the speeches of Comrade Stalin) and various recording machines had been brought back from Germany as trophies after the second world war. These could be adapted or copied, but a further problem existed. The State completely controlled the means of manufacturing records. You couldn't just go and buy the vinyl or shellac or lacquer needed in a store somewhere.</p> <p class="">But at some point, some enterprising music lover hit on a genius idea. An alternative source of raw materials was available - used X-ray plates obtained from local hospitals. And that is where this story really begins. For many older people in Russia remember seeing and hearing strange vinyl type discs when they were young.</p> <p class="">The discs had partial images of skeletons on them and were called<strong> 'Bones' </strong>or <strong>'Ribs'</strong> and they contained wonderful music, music that was forbidden. The practice of copying and recording music onto X-rays really got going in St Petersburg, a port where it was &hellip; easier to obtain illicit records from abroad. But it spread, first to Moscow and then to most major conurbations throughout the states of the Soviet Union.</p> </blockquote> <p>The term "Roentgenizdat" is of course cognate to "samizdat." "Samizdat" was a combination of "self-" ("sam") and the first two syllables of "publishing house" ("izdatel'stvo"). The "sam" was replaced by "Рентген," often anglicized as "Roentgen," which is the root for all things X-ray in Russian (after the discoverer of X-rays, Wilhelm Conrad Röntgen).</p><p>The post <a href="https://reason.com/volokh/2026/05/17/memories-of-a-different-planet-roentgenizdat/">Memories of a Different Planet: Roentgenizdat</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 17, 1954			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/17/today-in-supreme-court-history-may-17-1954-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340690</id>
		<updated>2025-07-12T04:18:02Z</updated>
		<published>2026-05-17T11:00:43Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/17/1954: Brown v. Board of Education and Bolling v. Sharpe are decided.
The post Today in Supreme Court History: May 17, 1954 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/17/today-in-supreme-court-history-may-17-1954-7/">
			<![CDATA[<p>5/17/1954: <a href="https://conlaw.us/case/brown-v-board-of-education-1954/">Brown v. Board of Education</a> and <a href="https://conlaw.us/case/bolling-v-sharpe-1954/">Bolling v. Sharpe</a> are decided.</p>
<p><iframe loading="lazy" title="&#x2696; Cooper v. Aaron (1958) | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/VbqXsfW5C8k?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/05/17/today-in-supreme-court-history-may-17-1954-7/">Today in Supreme Court History: May 17, 1954</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Reason Staff</name>
							<uri>https://reason.com/people/reason-staff/</uri>
					</author>
					<title type="html"><![CDATA[
				Archives: The Best of Brian Doherty			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/17/archives-june-2026/" />
		<id>https://reason.com/?p=8378628</id>
		<updated>2026-04-24T14:34:55Z</updated>
		<published>2026-05-17T10:00:15Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Obituaries" />		<summary type="html"><![CDATA[The June 2026 issue's archives are dedicated to longtime Reason editor Brian Doherty, who died in March.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/17/archives-june-2026/">
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										alt="Brian Doherty | Photo: Kestrin Pantera"
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		<p><strong>In March, longtime Senior Editor Brian Doherty died in a hiking accident. He was 57. To celebrate his life, this month's archives are excerpts from his 30 years of work at <em>Reason</em>.</strong></p>
<h4>3 years ago<br />
March 2023</h4>
<p>"In the post–Donald Trump GOP, support for the Iraq War has largely become anathema. Yet the U.S. has still not fully internalized that war's lessons. The Iraq debacle should have taught the U.S. it can never again scare itself into war based on guesses about how sinister some enemy is or will be. It should have taught Americans the damage that can be done by treating a foreign bogeyman as inherently intolerable—whether it's Saddam Hussein or Vladimir Putin or the mullahs of Iran, a nation whose feared pursuit of nuclear weapons has vexed Washington for many years."<br />
<em>"The Iraq War at 20"</em></p>
<h4>6 years ago<br />
December 2020</h4>
<p>"If you actually care about a functioning civilization, it is never enough to have the state controlled by the 'right side.'&hellip;In a more libertarian world, police would not be continually engaged in overly aggressive assaults on citizens, whether those citizens were suspected of crimes or not. We suffer that now because police, as representatives of the state, are not subject to the same discipline that the rest of us are, and because they're charged with enforcing, potentially through violence, all sorts of petty or flagrantly unjust dictates, from traffic laws to drug laws. In a more libertarian world, we also would not see angry, threatening mobs insisting that random fellow citizens join them in public expressions of political piety or setting fire to buildings and breaking windows. However honorable the cause may be, such actions tear at the roots of our prosperity: the ability to possess wealth and space and to use them to offer goods and services for a price, helping others while peacefully bettering ourselves."<br />
<em>"Bourgeois Libertarianism Could Save America"</em></p>
<h4>8 years ago<br />
January 2018</h4>
<p>"There are a number of qualities people might seek in a currency—such as relative stability in value—that bitcoin definitely lacks. But if you measure 'better' by an ability to acquire more in goods and services, bitcoin so far has proven far superior to the U.S. dollar and other countries' government-issued 'fiat' currencies. Less than a decade into its life, the digital token has enjoyed what is likely the largest, quickest rise in asset value in the history of the human race."<br />
<em>"In Search of the Elusive Bitcoin Billionaire"</em></p>
<h4>12 years ago<br />
December 2014</h4>
<p>"In January 2015, a 30-year-old libertarian named Ross Ulbricht is scheduled to go on trial in federal court in New York for narcotics trafficking, running a 'continuing criminal enterprise' of drug selling (known colloquially as the 'drug kingpin' statute), computer hacking, and money laundering. The jury will be told that he also contracted hitmen to commit murder on his behalf, though he is not being charged with that crime in this trial. Ulbricht&hellip;.faces a maximum sentence of life in prison. In the course of its war on Silk Road, the FBI has collared a handful of other defendants and shut down all activity at the site's original address. But the crackdown has done little to slow the growth of anonymous, encryption-enabled drug sales on the secret Internet. Silk Road is dead. Long live Silk Road."<br />
<em>"How Buying Drugs Online Became Safe, Easy, and Boring"</em></p>
<h4>14 years ago<br />
November 2012</h4>
<p>"The future may be unknowable, but you can always guess. And thanks to prediction markets, your guesses, in conjunction with the guesses of others, can beat predictions made by professional forecasters. Just as money creates incentives in other realms of the economy, putting money or other stakes on guesses encourages better guesses. Hence the development of 'prediction markets,' where people bet money—sometimes real, sometimes fake—on specific future outcomes."<br />
<em>"Money Talks"</em></p>
<h4>16 years ago<br />
October 2010</h4>
<p>"<em>McDonald v. Chicago</em>&hellip;.established that the gun rights recognized in the District of Columbia because of [<em>D.C. v.</em>] <em>Heller</em> must also be respected by states and cities outside the purview of the federal government. The Second Amendment's protection now applies not just to D.C.'s 600,000 residents but to more than 300 million people across the country. The magnitude and reach of this earthquake in American law, which has touched off slow-motion aftershocks throughout the 50 states, are still uncertain. But whatever the future holds, Americans' ability to own guns has, at long last, taken its place among the other individual rights spelled out in the Bill of Rights."<br />
<em>"You've Come A Long Way, Baby"</em></p>
<h4>18 years ago<br />
December 2008</h4>
<p>"When reason began in 1968, it was just one of many mimeographed zines then pushing a mostly obscure political and philosophical vision known as libertarianism&hellip;..During the intervening decades, the broader civilization has, in fits and starts, heeded much of the message that reason has been pushing since that first mimeographed edition. From the deregulation of airlines to the decriminalization of sodomy, from the fall of communism to the rise of dot-coms, the world is in many ways much freer than it was in 1968. It's easy to get caught up in those many restrictions on liberty that remain—including new ones that have arrived since 9/11—but the big picture reveals a happier story."<br />
<em>"40 Years of Free Minds and Free Markets"</em></p>
<h4>26 years ago<br />
October 2000</h4>
<p>"Pop music—especially that expansive, vague subcategory known as rock—is universally recognized as the soundtrack of rebellion, whether the authority in question is Daddy taking the T-bird away or the Soviet Union. (The former Czechoslovakia's Velvet Revolution was so named in part because its participants drew inspiration from those poster children of bourgeois decadence, the Velvet Underground.) While rock hugely, hilariously upset right-wing record burners in the '50s and '60s, it was also officially outlawed in all the great Worker's Republics of the same era—indeed, it was seen as the very apotheosis of capitalist hedonism. (But then if only Richard Nixon, that notable Elvis fan, could go to China, then perhaps only Rage Against the Machine, those millionaire communists, could bring Mao back across the Pacific.) As important, rock and the larger pop music scene are so clearly a function of the wealth, innovation, and leisure time thrown off by capitalism that it should be nothing less than mind-boggling that pop stars themselves mutter incessantly about toppling the very system that pays them so well."<br />
<em>"Rage On"</em></p>
<h4>26 years ago<br />
February 2000</h4>
<p>"Certainly, Burning Man has changed from a truly anarchistic event—an anything-goes party of pyrotechnics and drive-by shooting ranges done off the grid, with no official approval sought and none granted—into a limited--liability corporation that charges admission and devotes a huge amount of resources to placating government agencies at all levels&hellip;..But the story is more complicated than a simple tale of unfettered liberty clashing with immovable and hidebound forces of government and social conformity. The agencies that sign off on Burning Man's permits have come to see the festival more as an opportunity than as a problem and have thus forged a relatively easygoing relationship with the openly danger- and drug-filled event. And Burning Man's gradual evolution of rules is more properly seen as an extended experiment in community building than as a case study in the suppression of liberty."<br />
<em>"Burning Man Grows Up"</em></p>
<h4>31 years ago<br />
February 1995</h4>
<p>"With the self-interest of many industries, a new congressional majority, and the ever-declining power of private-sector unions all converging, it has never been more possible to harness a powerful political alliance for free trade, uniting ideology and interest. While free trade allows changes that can cost jobs in the short run, in the long run allowing capital and labor to move freely where its owners want it to go is the key to generating prosperity for everyone. The United States wisely eliminated trade barriers between states in the union, and we've all prospered for it. It's time to do the quickest, purest, and most effective thing we can to extend these benefits to our trade with the rest of the world. No complex negotiations are needed: End all tariffs and other policies that block the flow of goods immediately, and regardless of what other countries do. For the future of free economies the world over, there is no more important battle."<br />
<em>"No Deals"</em></p>
<p>The post <a href="https://reason.com/2026/05/17/archives-june-2026/">Archives: The Best of Brian Doherty</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Kestrin Pantera]]></media:credit>
		<media:description type="html"><![CDATA[Brian Doherty]]></media:description>
		<media:title><![CDATA[archives]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/archives.jpg" width="1161" height="653" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/17/open-thread-207/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382097</id>
		<updated>2026-05-17T07:00:00Z</updated>
		<published>2026-05-17T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/17/open-thread-207/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/17/open-thread-207/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 16, 1918			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/16/today-in-supreme-court-history-may-16-1918-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340680</id>
		<updated>2025-07-12T01:31:13Z</updated>
		<published>2026-05-16T11:00:34Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/16/1918: The Sedition Act of 1918 is enacted. The Supreme Court upheld prosecutions brought under this law in Schenck, Debs, and Abrams.
The post Today in Supreme Court History: May 16, 1918 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/16/today-in-supreme-court-history-may-16-1918-7/">
			<![CDATA[<p>5/16/1918: The Sedition Act of 1918 is enacted. The Supreme Court upheld prosecutions brought under this law in <a href="https://conlaw.us/case/schenck-v-united-states-1919/"><em>Schenck</em></a>, <a href="https://conlaw.us/case/schenck-v-united-states-1919/"><em>Debs</em></a>, and <a href="https://conlaw.us/case/abrams-v-united-states-1919/"><em>Abrams</em></a>.</p>
<p><iframe loading="lazy" title="&#x2696; "Clear and Present Danger" | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/OKs8iOdCOH4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/05/16/today-in-supreme-court-history-may-16-1918-7/">Today in Supreme Court History: May 16, 1918</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>C. Jarrett Dieterle</name>
							<uri>https://reason.com/people/cjarrett-dieterle/</uri>
					</author>
					<title type="html"><![CDATA[
				Josh Hawley's Pro-Union Bill Would Let Washington Write Your Contract			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/16/josh-hawleys-pro-union-bill-would-let-washington-write-your-contract/" />
		<id>https://reason.com/?p=8382056</id>
		<updated>2026-05-15T22:05:20Z</updated>
		<published>2026-05-16T11:00:22Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Labor" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Big Government" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Republican Party" />		<summary type="html"><![CDATA[The GOP wants to be the party of labor. The Faster Labor Contracts Act isn't the way to do that.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/16/josh-hawleys-pro-union-bill-would-let-washington-write-your-contract/">
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		<p style="font-weight: 400;">In recent years, observers have <a href="https://www.washingtonexaminer.com/in_focus/4567041/the-right-growing-crackup-organized-labor/" data-saferedirecturl="https://www.google.com/url?q=https://www.washingtonexaminer.com/in_focus/4567041/the-right-growing-crackup-organized-labor/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw1cWQxQ5ZF3XwtcMH5C-Yk0">closely tracked</a> the rise of pro-union sentiments on the political right. During his reelection campaign, President Donald Trump garnered <a href="https://apnews.com/article/labor-union-auto-workers-trump-strike-dfcb805fd4e749b13aaf827e1463da73" data-saferedirecturl="https://www.google.com/url?q=https://apnews.com/article/labor-union-auto-workers-trump-strike-dfcb805fd4e749b13aaf827e1463da73&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw1Vz7HWy1eIbw_E_UeHJMGP">headlines</a> for skipping a presidential debate to visit United Auto Workers (UAW), who were on strike in Michigan, while officials like Vice President JD Vance and Sen. Josh Hawley (R–Mo.) have <a href="https://www.washingtonpost.com/business/2024/07/16/jd-vance-trump-gop-economy/" data-saferedirecturl="https://www.google.com/url?q=https://www.washingtonpost.com/business/2024/07/16/jd-vance-trump-gop-economy/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw0zpkmmVWsiP5YGnJzy0Gf_">made waves</a> for their pro-union bent. Perhaps most prominently, Teamsters President Sean O'Brien was <a href="https://www.npr.org/2024/07/16/nx-s1-5041345/teamsters-president-sean-obrien-addresses-the-republican-national-convention" data-saferedirecturl="https://www.google.com/url?q=https://www.npr.org/2024/07/16/nx-s1-5041345/teamsters-president-sean-obrien-addresses-the-republican-national-convention&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw2IDaQiDCNDBAKGNnCKhkij">featured</a> as a speaker at the GOP convention.</p>
<p style="font-weight: 400;">But to this point, any actual legislation emanating from the pro-labor right has failed to go anywhere in Congress. That may soon change.</p>
<p style="font-weight: 400;">A Hawley-backed <a href="https://www.congress.gov/bill/119th-congress/senate-bill/844/" data-saferedirecturl="https://www.google.com/url?q=https://www.congress.gov/bill/119th-congress/senate-bill/844/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw0koVwuSO1KgiTwfNjs0ioA">bill</a>, known as the Faster Labor Contracts Act (FLCA), seems to be picking up steam and may soon pass the House of Representatives. Unfortunately, the FLCA is a trifecta of bad public policy: It suffers from constitutional infirmities, revives a corrupt government agency, and takes away the voice of both businesses and workers.</p>
<p style="font-weight: 400;">Earlier this Congress, Hawley <a href="https://www.congress.gov/bill/119th-congress/senate-bill/844/cosponsors" data-saferedirecturl="https://www.google.com/url?q=https://www.congress.gov/bill/119th-congress/senate-bill/844/cosponsors&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw2I72hvkzz-9eA_9OT7Nuxo">introduced</a> the FLCA in the Senate, alongside one other Republican senator and three Democratic senators; he has since picked up another Republican and 10 more Democrats. Companion <a href="https://www.congress.gov/bill/119th-congress/house-bill/5408/cosponsors" data-saferedirecturl="https://www.google.com/url?q=https://www.congress.gov/bill/119th-congress/house-bill/5408/cosponsors&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw0P01Txi-SKid-fwWYtvBbh">legislation</a> in the House has 99 cosponsors, 17 of which are Republican.</p>
<p style="font-weight: 400;">The FLCA is designed to expedite the process of labor negotiations once a union is recognized in a workplace. Unions often claim that businesses purposely drag their feet in such negotiations, and the <a href="https://www.congress.gov/bill/119th-congress/house-bill/5408/text" data-saferedirecturl="https://www.google.com/url?q=https://www.congress.gov/bill/119th-congress/house-bill/5408/text&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw31dh58yzhWeh59JLs3l7Fd">bill</a> would seek to remedy this by requiring contract negotiations to commence within 10 days of a collective bargaining request from a newly-recognized union. The parties would then have 90 days to negotiate—followed by 30 days of mediation—before the issue would be punted to government-mandated arbitration.</p>
<p style="font-weight: 400;">The arbitration would be overseen by a three-member arbitration panel. Each side of the labor equation would get to appoint one of their preferred arbitrators, but if they were unable to agree on a third, then an agency called the Federal Mediation and Conciliation Service would step in to make the appointment.</p>
<p style="font-weight: 400;">This government-mandated arbitration panel would then have the power to impose contract terms on the business and union involved. In other words, the give-and-take of labor contract negotiations would be taken out of the hands of private entities such as businesses and unions and placed into the hands of a government-mandated panel.</p>
<p style="font-weight: 400;">So far, in both chambers of Congress, the FLCA has been stuck in committee. In the House, Speaker Mike Johnson (R–La.) has <a href="https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html" data-saferedirecturl="https://www.google.com/url?q=https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw170exwdEFZGJ6cjXuzN__T">refused to bring</a> the legislation to the floor. But last month, a <a href="https://norcross.house.gov/2026/4/rep-norcross-files-discharge-petition-for-bipartisan-bill-to-speed-up-first-contracts-for-new-unions" data-saferedirecturl="https://www.google.com/url?q=https://norcross.house.gov/2026/4/rep-norcross-files-discharge-petition-for-bipartisan-bill-to-speed-up-first-contracts-for-new-unions&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw0-k2BZqI1xk2E3dawc6nXG">discharge petition was filed</a>, which could soon force the bill onto the floor if a majority of representatives go along. House Minority Leader Hakeem Jeffries (D–N.Y.) has gone <a href="https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html" data-saferedirecturl="https://www.google.com/url?q=https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw170exwdEFZGJ6cjXuzN__T">on record</a> to say that the petition will "soon" get the requisite votes needed, and pro-union Republicans in the House are even bolder in their confidence.</p>
<p style="font-weight: 400;">"We're just developing the strategy, but it's a question of when, not if," said Rep. Brian Fitzpatrick (R–Pa.), a cosponsor of the bill, in <a href="https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html" data-saferedirecturl="https://www.google.com/url?q=https://www.thecentersquare.com/pennsylvania/article_21eb5e24-3adf-4465-9d4f-c7871e550d2b.html&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw170exwdEFZGJ6cjXuzN__T">remarks</a> to a gathering of Pennsylvania Teamsters. "It will be brought to the floor and it will pass. That is a guarantee."</p>
<p style="font-weight: 400;">Although the FLCA will face a tougher road in the Senate, it has more Republican support than would have seemed plausible in the recent past. Pending the results of the 2026 midterms, it could soon get within a stone's throw of being sent to President Donald Trump's desk.</p>
<p style="font-weight: 400;">Both businesses and workers should fear such a development. First, on the policy merits, it's a terrible idea to take labor contract negotiations—which have always been a voluntary back and forth between two private parties—and put them into the hands of the government. Labor negotiations can take a long time for a reason, as the issues are highly complex and specific to the unique industries involved.</p>
<p style="font-weight: 400;">A <em>Bloomberg Law</em> <a href="https://news.bloomberglaw.com/daily-labor-report/analysis-how-long-does-it-take-unions-to-reach-first-contracts" data-saferedirecturl="https://www.google.com/url?q=https://news.bloomberglaw.com/daily-labor-report/analysis-how-long-does-it-take-unions-to-reach-first-contracts&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw12gHWw91A18Mz8pjwT2m4m">analysis</a> found that negotiations for initial union contracts in workplaces take an average of 409 days to reach completion. Condensing this to an unrealistic 120 days under the FLCA would likely mean circumventing negotiation altogether and dictating terms.</p>
<p style="font-weight: 400;">Another troubling feature of the FLCA is that it would resuscitate a bloated federal agency that became a prime example of government excess. The aforementioned Federal Mediation and Conciliation Service, which is tasked with overseeing the mandatory arbitration process under the FLCA, has been notorious for corruption and largesse.</p>
<p style="font-weight: 400;">The agency's nine-floor office in Washington, D.C. reportedly <a href="https://www.dailywire.com/news/fmcs-slush-fund-abolished-by-trump">featured</a> special private bathrooms for staff, a full gym, and oil paintings of staff members. One of the officials at the agency found a way to list his permanent residence in Iowa so that he could treat time in D.C. as a business trip and <a href="https://www.msn.com/en-us/news/politics/congress-is-about-to-undo-doge-s-biggest-win/ar-AA20J02U?ocid=msedgntp&amp;pc=U531&amp;cvid=69db1fba577" data-saferedirecturl="https://www.google.com/url?q=https://www.msn.com/en-us/news/politics/congress-is-about-to-undo-doge-s-biggest-win/ar-AA20J02U?ocid%3Dmsedgntp%26pc%3DU531%26cvid%3D69db1fba577&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw1_C3074P5j9LBYLlkTPDEN">bill food costs</a> to the U.S. government.</p>
<p style="font-weight: 400;">Unsurprisingly, the agency became a target of the Department of Government Efficiency, which <a href="https://www.seiu.org/2025/04/afl-cio-seiu-unions-sue-trump-administration-over-cuts-to-key-labor-relations-agency/" data-saferedirecturl="https://www.google.com/url?q=https://www.seiu.org/2025/04/afl-cio-seiu-unions-sue-trump-administration-over-cuts-to-key-labor-relations-agency/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw13_WxziKCmiPhSB4CQlYyH">reduced</a> the agency's staff by 93 percent and cut its mediation workforce from around 100 employees to just five. But while the Trump administration has sought to <a href="https://onlabor.org/the-missing-piece-in-the-senate-committee-hearing-on-the-challenges-facing-newly-unionized-workers/" data-saferedirecturl="https://www.google.com/url?q=https://onlabor.org/the-missing-piece-in-the-senate-committee-hearing-on-the-challenges-facing-newly-unionized-workers/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw2XM-fXlZmFZ_6m9SJnbI5Y">permanently wind down</a> the agency, the FLCA would suddenly give it enhanced powers to write labor contract terms in the private sector.</p>
<p style="font-weight: 400;">Perhaps most concerning of all, the FLCA suffers from deep constitutional defects. Because the FLCA functionally empowers the government to dictate contract terms to private parties, this <a href="https://www.washingtonexaminer.com/opinion/3348177/josh-hawley-union-friendly-bill-may-open-right-to-work-door/" data-saferedirecturl="https://www.google.com/url?q=https://www.washingtonexaminer.com/opinion/3348177/josh-hawley-union-friendly-bill-may-open-right-to-work-door/&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw13Pvz0sQhXakb86ZtFJKOA">creates a form of </a>"state action." And once state action is implicated, constitutional rights like the freedom of speech and association suddenly can be invoked.</p>
<p style="font-weight: 400;">In the 2018 case <em><a href="https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf" data-saferedirecturl="https://www.google.com/url?q=https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw0zxKfKUXZoI8BVgAmtRNx5">Janus v. AFSCME</a></em>, the Supreme Court held that forcing government employees to join a union without a way to opt out was a violation of those workers' free speech and association rights. <em>Janus </em>has not applied to private sector unions, however, since there's no state action involved. But under the FLCA, with its government-mandated arbitration, the calculus could change due to the suddenly-present state action, thereby allowing First Amendment challenges to go forward.</p>
<p style="font-weight: 400;">It's clear that the political right increasingly wants to be identified as pro-worker. And there are legitimate and worthwhile <a href="https://www.nationalaffairs.com/publications/detail/a-flexible-worker-agenda" data-saferedirecturl="https://www.google.com/url?q=https://www.nationalaffairs.com/publications/detail/a-flexible-worker-agenda&amp;source=gmail&amp;ust=1778882070404000&amp;usg=AOvVaw217tBADUwOwhUU-IA540X2">policy options</a> available to accomplish this goal. But the Faster Labor Contracts Act isn't one of them.</p>
<p>The post <a href="https://reason.com/2026/05/16/josh-hawleys-pro-union-bill-would-let-washington-write-your-contract/">Josh Hawley&#039;s Pro-Union Bill Would Let Washington Write Your Contract</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Teamsters/Press Release]]></media:credit>
		<media:description type="html"><![CDATA[The Teamsters hold a press conference on teh Faster Labor Contracts Act]]></media:description>
		<media:caption><![CDATA[Teamsters President Sean O'Brien speaks about the Faster Labor Contracts Act]]></media:caption>
		<media:text><![CDATA[Teamsters President Sean O'Brien speaks about the Faster Labor Contracts Act]]></media:text>
		<media:title><![CDATA[FLCA-5-15]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Stewart Brand on Fixing Stuff, Modern Environmentalism, and the Nuclear Future			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/16/a-new-center-of-balance/" />
		<id>https://reason.com/?p=8378353</id>
		<updated>2026-05-15T21:22:14Z</updated>
		<published>2026-05-16T11:00:01Z</published>
			<category scheme="https://reason.com/latest/" term="Environmentalism" /><category scheme="https://reason.com/latest/" term="Nuclear Power" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="book" /><category scheme="https://reason.com/latest/" term="Environmental Protection" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Reason Interviews" /><category scheme="https://reason.com/latest/" term="The Reason Interview With Nick Gillespie" />		<summary type="html"><![CDATA["There's always a place in not just the market, but a range of situations and mindsets, for things that are cheap, fast, and just barely in control," the Whole Earth Catalog creator tells Reason.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/16/a-new-center-of-balance/">
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		<div class="rcom-podcast-episode"><div class="podcast-player--player"><a class="podcast-player--popout-link" href="https://reason.com/podcast/2026/03/18/why-civilization-needs-better-manuals/"><i class="fas fa-external-link-alt"></i></a><div class="powerpress_player" id="powerpress_player_2469"><div class="reason-audio-container"><audio class="wp-audio-shortcode" id="audio-8371064-1" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8371064.mp3?_=1" /><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8371064.mp3">https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8371064.mp3</a></audio><div class="audio-speed-controls">
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    </div><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8371064.mp3" class="download-button" download>Download  <i class="fa-solid fa-arrow-down-to-line"></i></a></div></div><h4><a href="https://reason.com/podcast/2026/03/18/why-civilization-needs-better-manuals/">Why Civilization Needs Better Manuals</a></h4></div></div>
<p>Stewart Brand has spent decades shaping how we think about technology, the environment, and the future. He first came to prominence in the 1960s as co-creator of the <em><a href="https://reason.com/2018/11/04/we-are-as-gods-and-might-as-we/">Whole Earth Catalog</a></em>, the counterculture bible that helped inspire personal computing, the hacker ethic, and the modern environmentalist movement. Since then, he's launched the <a href="https://longnow.org/">Long Now Foundation</a>, championed <a href="https://e360.yale.edu/features/stewart_brands_strange_trip_whole_earth_to_nuclear_power">nuclear power</a> and <a href="https://reviverestore.org/">de-extinction</a>, and pushed us to think in 10,000-year time spans.</p>
<p>In his new book, <em><a href="https://press.stripe.com/maintenance-part-one">Maintenance: Of Everything, Part One</a>,</em> Brand argues that the real work of civilization isn't flashy invention but the long, patient care of complex systems. In March, he spoke with Nick Gillespie about what that means—and whether his vision of planetary stewardship conflicts with libertarian values of individualism, creative destruction, and decentralized power.</p>
<p><em><strong>Reason</strong></em><strong>: Your new book argues that maintenance is the hidden foundation of everything. What do we miss when we focus on innovation, creative destruction, and disruption and forget about checking that everything is tied down the right way on a daily basis?</strong></p>
<p>Brand: I don't think they're opposed. A lot of innovation comes out of maintenance. People who figure out how to improve a thing are often the ones who are stuck with keeping it going and realizing how difficult that is. "Gee, we could make it easier this way or that way. Or what if we just throw this stupid thing away and get something better?" Which is all part of the process of keeping something going.</p>
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<p>We often think of maintenance in terms of preventive maintenance. Repair is such a big hassle when something breaks. It's a trauma to you and to the system that the thing is part of. We spend some of our time doing the very unrewarding thing of changing the oil and brushing your teeth so that your teeth don't fall out and your car doesn't blow up. But really maintenance is the whole complete process of keeping the thing going. For example, right now, I'm writing on the history of agriculture, because if you're an animal, you've got to keep it fed. We are animals and we have to keep ourselves fed. The process of doing that has been one innovation after another.</p>
<p><strong>You write about how interchangeable parts made it easier for people to fix things rather than throw the whole thing away, and how necessity was the mother of invention—living miles away from your neighbor, you had to figure out how to fix things yourself. Do you feel that, as a society, we still have that ethos, or have the machines we use to live and prosper become mysterious to us?</strong></p>
<p>The Model T was designed to be maintained and tailored any old which way. Henry Ford grew up on a farm in the Midwest. He knew that farmers and ranchers were very good at fixing their own stuff, so he counted on that. The Model T stayed the Model T, and millions of them were made and used, and got old, went in the junkyards, and then got completely pillaged in the junkyards for the parts—because 20 years later, a part from a really old Model T would fit in your brand new Model T.</p>
<p>I'm glad you brought up the bit about interchangeable parts, because it's probably the most anti-libertarian, anti–<em>Reason </em>magazine section of the book, in that it was government people who for 40 years in the War Department, the Ordnance Department specifically, spent millions of dollars, which now would be a lot more than that, trying to get manufacturers in the U.S. capable of making interchangeable parts. It turns out you have to get down to about a 50th of a millimeter accuracy in order for that to actually work. They did it. And that's why America wound up taking the lead in the manufacturing part of the Industrial Revolution.</p>
<p>We led the way, a thing called the "American system." It turned out that the way to get really good interchangeable parts was to basically automate the machine tools that made them.</p>
<p>Ford never allowed anybody to use a file on the assembly line, because as soon as you took a part and filed it to fit better, that would suddenly stop the assembly line. With guns, if your gun failed and you're military and you're in the field and you need to fix it, you've got to find a gunsmith, which is not going to be anywhere near the battlefield, and they'll file a part to get it put in there or they'll make it from scratch. Once they're interchangeable, like the AK-47, any piece of any AK-47 will substitute just fine and they're very roughly designed and built.</p>
<p>I see that process in the 19th century as being what led to [the Defense Advanced Research Projects Agency]. The researchers I counted on call it military enterprise.</p>
<p><strong>In the book, you write about how the AK-47 was created by the Soviet Union and is the weapon of choice for armies and insurgents around the world because it is relatively simple, easily fixed, and there are lots of parts for it. You compare that to the M16, developed in America, which was rolled out en masse in Vietnam and was terrible for that. It has twice as many parts as the AK-47. It's more subject to corrosion and rust and gunk getting in there. It seems like we're always going between simpler products that might be more limited vs. something more sophisticated. Is there a sweet spot somewhere in between?</strong></p>
<p>I don't think so. I think you wind up being rewarded by going in both directions. AK-47s were cheap and M16s are not cheap. AK-47s operate in the mud. They operate in the sand. They operate in humidity. You can pick one up out of the mud and fire it, and as you fire, the mud flies out. [An] M16 basically has to be surgically cleaned to function. When it functions, it's absolutely fantastic—at 500 meters you can put high-velocity small rounds through a helmet.</p>
<p>There's always a place in not just the market, but a range of situations and mindsets, for things that are cheap, fast, and just barely in control, and things that are exquisitely attuned to perfection if they're in relatively perfect circumstances. Exploring both of those, as a good direction to explore the whole field of design, is always worth doing.</p>
<p><strong>Your work on, among other things, the campaign to have NASA release a photograph of the whole Earth helped inspire the first Earth Day. You helped create the environmentalist mindset. When you say they went too far, that carries a lot of weight.</strong></p>
<p>Greenpeace were anti-technology. Romantics in general are anti-technology. John Henry is always going to get the song. The steam drill never does. But the steam drill is actually a better way to do that kind of work.</p>
<p>The French Revolution—where the idea of interchangeable parts for guns, or muskets then, was actually started—the French Revolution said, "Don't do that, because these nice gunmakers will be out of work." They actually shut down the guy named [Honoré] Blanc who was building interchangeable parts for muskets. France went, in the course of a generation, from having the best muskets in Europe to having the worst muskets in Europe. There was no taking account of "Was this beneficial for the customer?"—in that case, soldiers. And that keeps happening.</p>
<p>The anti-technology romantic is almost always: 1) wrong, and, 2) mistaken in his arguments. The way to critique a new anything—AI now—is to embrace it and experiment with it, make mistakes with it, see if you can break it, red-team it, do all these things to sharpen it. And if in the course of that you decide, "You know what, this is a blind alley and we need to back out of it," the critique from people who have done that is a valid critique.</p>
<p>People are just imagining problems. You can always imagine more problems than you can imagine more ways of things actually going right.</p>
<p><strong>What do you think is the strongest critique of AI as it's being rolled out now? What are the things that we should be testing it on to see if it's something that we're not really going to embrace?</strong></p>
<p>I don't think of that. But I do know a lot of the people who are going to think of that, and I trust them to investigate the ways it could go wrong.</p>
<p>They'd be able to head off some of them. They won't be able to head off all of them. Some of them will go probably pretty calamitous, and then we negotiate. The use of AI in weapons is clearly going to be played out very quickly, because the militaries always grab new technologies and turn them into weapons, and rightfully so from their standpoint. It could be a thing like the use of gas that gets tabooed after a while. The use of nuclear weapons, even tactical ones—that's been tabooed for quite a while.</p>
<p>Everything has to do with a threat. And the massive amount of testing that went on in the '50s and '60s was negotiating with threat. But once you had mutual assured destruction with the second strike capability, that actually put a stop to it. That was, in a way, why it was developed. Some problems turn out to be nonexistent. Some problems turn out to be easy to recognize and solve, and some problems are really hard to solve and it takes a while. We'll go through all of that with AIs.</p>
<p><strong>In the late '60s, there was more political violence than there is now and it was undergirded by people who actually believed that political violence was the answer. The country seemed to be coming apart. There was no consensus about things. We seem to be back in something like that, where there's a lot of polarization, demonization, and political violence. Is the political system robust enough to keep things in check or is it just not working anymore? How do we create a consensual government system where we get most of the benefits with fewer of the harsh costs?</strong></p>
<p>This is actually an interesting time to be alive right now, because all of that is up for proof, up for grabs. There's a lot of grabbing going on. The system was designed to be ungrabbable, but it's been grabbed. How far down that path of having been grabbed does it go before it becomes stuck there? That's what we're in the process of finding out.</p>
<p>There's lots of reasons to find its way back to some kind of balance. It'll be different than before. The systems will be different than before. We may have different political parties with different names, but the basic apparatus in the towns, to a large degree in the states, is pretty intact. We'll find a way to find a new center of balance.</p>
<p><strong>The <em>Whole Earth Catalog</em>'s statement of purpose <a href="https://reason.com/2018/11/04/we-are-as-gods-and-might-as-we/">says</a>, "We are as gods and might as well get good at it." The first issue came out in 1968. We're coming up on 60 years. Do you think we've gotten pretty good at it?</strong></p>
<p>The big test will be climate. We've certainly gotten better at a whole lot of godlike powers—god with a small <em>g</em>. These are great god things, not the Almighty.</p>
<p>We haven't really attempted anything in terms of maintenance of the planet at planet scale, at planet pace. With climate change, we're dealing with a big, deep, slow process. There's no instant cures, although some are better than others. Geoengineering is one that we'll come to just because the cost of continually rising temperatures and rising oceans will make it seem like this is the low-cost way to buy enough time to really convert all of our energy systems to basically noncombustion. That will be a different planet, a different society, different global civilization, because it's not economic. There's a global economy, but there's no such thing as a planetary economy. The things that matter at planet scale are not measurable in dollars and cents.</p>
<p>The great thing of the advance of science is that we have lots and lots of capabilities of sensing that something is going wrong and what exactly is going wrong in that thing. In terms of maintenance, the ability to do that kind of sensing is crucial. They call it predictive maintenance. Before the thing breaks, you have indications that would like to break, and that's when you try to head it off. Often, you can't. So far, we've not fully succeeded in doing that with climate. We've gone a long way, much farther into solar than I would ever have thought. We were pushing solar 60 years ago in the <em>Whole Earth Catalog</em> in a big way. Among our crowd, we thought, "This is obvious," but it took a while for it to become cheap and easy.</p>
<p>If you're a farmer and you have 100 acres of your farming, you can get a certain amount of food out of it. Even with precision farming, it's going to be just a certain amount. If you let some company put a whole bunch of solar collectors on your 100 acres and you lease it to them, you get 10x to 100x the money and none of the hassle. The cheap, abundant source of energy is increasingly becoming the sun. And there's quite a lot of sunlight. There'll be even more in orbit as these guys are trying to figure out how to start having major data centers in space.</p>
<p><strong>Do you feel like the world is growing up a bit about nuclear energy? You rankled a lot of people in the environmentalist movement when you claimed that nuclear power makes obvious sense if you want to reduce various kinds of emissions and minimize impact on the planet. Do you feel that message is about to be fully accepted around the world?</strong></p>
<p>The opposition got outlived. Basically, they were not able to convince younger and younger generations to buy into what turned out to be a false fear. And then very wealthy young people want to do AI or want to do crypto or whatever; that takes a lot of energy. They look directly at the advantages of nuclear power. They're not looking at it through the history of nuclear weapons, Hiroshima, Nagasaki, and Three Mile Island and all that. They're looking at "Can this be made safe?" Yes, totally. "Is it something that can really scale?" Yes. So nuclear scaling up and solar continuing to scale up look like they're both going to happen.</p>
<p><strong>What are you doing to maintain your legacy? How does one go about maintaining their legacy while they're still around to do it?</strong></p>
<p>I tried to write a memoir at one point, and as soon as I wrote a line of it, I hated it. I was just bored with myself. But I didn't have to because some guys came along and wanted to make a film about me and this documentary called <em>We Are As Gods</em> was made, and it's good. John Markoff came along and wanted to write a biography, and he did, and it's good. All of the Whole Earthwork we did over 30-plus years is now online at wholeearth.info. My legacy has gone ahead and somehow established itself. It's not something I'm concerned about. I'm one of the really very lucky people in that respect.</p>
<p><strong>After </strong><em><strong>The Population Bomb</strong></em><strong> author Paul Ehrlich died, you wrote, "I'll speak up for Paul. He was wrong about discounting the 'demographic transition' in human population, but he co-authored (with Peter Raven) one of the most cited papers in biology, on co-evolution." Given his large role in stressing people about overpopulation and his influence among governments in reducing births, how do you assess his overall contribution to science and society?</strong></p>
<p>Remember, it was Dave Brower at Sierra Club who asked Paul to write that book and to write it not as science but as a polemic. Overpopulation was an environmentalist obsession before Paul lit the fuse on his book. (These were the same self-named "ecologists" who couldn't tell a trophic level from a Tyrannosaurus.)</p>
<p>Peter Raven is a botanist (whose Wikipedia bio says, "Raven is possibly best known for his work 'Butterflies and Plants: A Study in Coevolution,' published in the journal <em>Evolution</em> in 1964, which he coauthored with Paul R. Ehrlich"). Paul was a zoologist, a lepidopterist focused on checkerspot butterfly populations. He noticed that supposedly identical butterflies dined on completely different plants in different regions. Over coffee, he and Raven complained to each other that zoologists treated plants as just so much edible plastic, whereas in evolutionary reality, plants pay just as much active attention to animals as animals do to them. Naming that attention "coevolution" was a thunderclap in evolution theory, because it forced biologists to notice that most of evolution is in fact <em>co</em>evolution—living things devote most of their adaptation to dealing with other living things, who are busy adapting right back at them.</p>
<p>It's a profound idea that reframes everything. That's why I named a magazine for it—<em>CoEvolution Quarterly</em>. For me, it far outweighs Paul's exaggerations about human population numbers.</p>
<p>In a sense, I'm attempting something similar with "maintenance." It's not just a persistent nuisance. It's so essential that it's what most living things have to spend most of their time and attention on tending to.</p>
<p><em>This interview has been condensed and edited for style and clarity, as well as augmented by questions answered over email.</em></p>
<p>The post <a href="https://reason.com/2026/05/16/a-new-center-of-balance/">Stewart Brand on Fixing Stuff, Modern Environmentalism, and the Nuclear Future</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Mark Mahaney]]></media:credit>
		<media:description type="html"><![CDATA[Stewart Brand]]></media:description>
		<media:title><![CDATA[interview]]></media:title>
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					<author>
			<name>Jesse Walker</name>
							<uri>https://reason.com/people/jesse-walker/</uri>
						<email>jwalker@reason.com</email>
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					<title type="html"><![CDATA[
				The Anarchists Who Thought Mao Was on Their Side			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/16/the-anarchists-who-thought-mao-was-on-their-side/" />
		<id>https://reason.com/?p=8382002</id>
		<updated>2026-05-16T23:59:28Z</updated>
		<published>2026-05-16T10:00:38Z</published>
			<category scheme="https://reason.com/latest/" term="Anarchism" /><category scheme="https://reason.com/latest/" term="Communism" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Radical Left" />		<summary type="html"><![CDATA[As the Cultural Revolution turns 60, here's a look back at some of the fantasies that people projected onto it—and at one moment of possible prescience.]]></summary>
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		<p>Sixty years ago today, Mao Zedong issued the <a href="https://www.marxists.org/subject/china/documents/cpc/cc_gpcr.htm">May 16 Notification</a>, a document frequently seen as the opening shot of the Great Proletarian Cultural Revolution. In this period, Mao fought his rivals in China's power structure by declaring them counterrevolutionaries and urging the country to rise up against them. Young radicals known as Red Guards heeded the dictator's call, and soon a mishmash of groups were chaotically clashing. The ensuing years saw violent rebellion, even more violent repression, and intense attacks on allegedly reactionary forms of culture. Hundreds of thousands of people were killed—probably <a href="https://news.stanford.edu/stories/2019/10/violence-unfolded-chinas-cultural-revolution">well over a million</a>.</p>
<p>At a time when Americans and Europeans had very little direct contact with China, most Westerners viewed this through a fog. Some of them projected their political ideals onto what was unfolding. This was not merely the familiar pattern where starry-eyed leftists identified with a socialist revolution: This time, some of them thought they were watching an anti-authoritarian leader instigating a revolt against bureaucracy.</p>
<p>Paul Berman once <a href="https://www.amazon.com/exec/obidos/ASIN/0393330214/reasonmagazinea-20/">argued</a> that there were three "grand tendencies" in the New Left: the old-school Marxists, the neo-Marxists, and the "inconsistent libertarians." He didn't mean the <em>free market</em> sort of libertarians—though as we'll see, there was some overlap. He meant people who were "anarchist at heart, allergic to bureaucracies, allergic to anything like a Marxist-Leninist centralized organization," yet "kept falling for the Third Worldist fantasies of the modern Marxists, kept wanting to celebrate Ho or some other tropical Communist as a hero of the libertarian cause." The fantasy was particularly intense around China, thanks to the Cultural Revolution (and thanks to Mao's interest in local self-sufficiency, which a distant observer could misconstrue as a more benign sort of decentralization). The idea that something semi-anarchist was happening in China had more adherents at the time than you might expect:</p>
<p>• David Dellinger, an antiwar activist with an <a href="https://reason.com/2023/02/18/the-militant-pacifists-of-world-war-ii/">anarcho-pacifist</a> background, <a href="https://archive.org/details/revolutionarynon00dell/page/184/mode/2up">reported</a> from China in 1967 that "strongly libertarian attitudes" were "noticeable in the Red Guards and (contrary to the assumptions of most Westerners) in Chinese society generally."</p>
<p>• The composer John Cage loved the <a href="https://www.libertarianism.org/publications/essays/benjamin-tucker-individualism-liberty-not-daughter-mother-order">Spooner-Tucker circle</a> of individualist anarchists—he was <a href="https://reason.com/2016/01/16/the-gut-anarchism-of-john-cage/">constantly giving away</a> copies of a book about them—and his politics mixed their breed of anarchy with the futurism of Buckminster Fuller. For a while he improbably added Mao to the mix, citing the dictator's interest in anarchism as a young man and his admonition to the Red Guards that "it is right to rebel."</p>
<p>• That counterculture bible, the <em>Whole Earth Catalog</em>, had a strong libertarian streak, as did its founder and primary editor, <a href="https://reason.com/2010/09/10/the-visionary/">Stewart Brand</a>. Yet one edition included a <a href="https://wholeearth.info/p/whole-earth-epilog-october-1974?format=spreads&amp;index=177">special section</a> hailing Mao's China as "one of the great social and political experiments of all time"—and Brand himself casually <a href="https://wholeearth.info/p/coevolution-quarterly-winter-1975?format=spreads&amp;index=113">declared</a>, while reviewing Ursula Le Guin's novel <em><a href="https://reason.com/2018/01/26/rip-ursula-k-le-guin-author-of-one-of-th/">The Dispossessed</a></em>, that the book had "changed his mind politically" by turning him "toward Kropotkin and Mao." The left-anarchist writer Peter Kropotkin, that is.</p>
<p>• The British anarchist Colin Ward offered the same unusual pairing. Writing in 1974 of the decentralized economic development imagined in Kropotkin's <a href="https://www.amazon.com/exec/obidos/ASIN/1560006404/reasonmagazinea-20/"><em>Fields, Factories and Workshops</em></a>, Ward <a href="https://c4ss.org/wp-content/uploads/2014/08/FactoriesPDF.pdf">cited</a> China as one of three "actual human societies which exemplify the ideas set by Kropotkin in this book"—though he acknowledged that the country was sufficiently centralized that "some great shift in policy might put into reverse the trends which, at a distance, we admire."</p>
<p>• In continental Europe, the German New Left leader (and later vice chancellor) Joschka Fischer sometimes spoke of "anarcho-Mao-spontex," an anti-hierarchical ideological tendency that fused anarchy with, in Berman's words, "an imaginary Mao—a Mao who, unlike the real Mao, was not a totalitarian." This phenomenon took its most bizarre form in Italy, where a partly but not entirely tongue-in-cheek movement styled itself "<a href="https://www.academia.edu/41167216/Maoism_Dadaism_and_Mao_Dadaism_in_1960s_and_1970s_Italy">Mao Dada</a>." (That's Dada the anti-authoritarian art movement, not Dada the benevolent father.) In France, a Mao-spontex party called <a href="https://en.wikipedia.org/wiki/Gauche_prol%C3%A9tarienne">Gauche Prolétarienne</a> included several prominent intellectuals; Michel Foucault worked with many of its members (including his partner) in forming a <a href="https://www.amazon.com/exec/obidos/ASIN/1517902355/reasonmagazinea-20/">militant anti-prison group</a>.</p>
<p>Needless to say, Mao wasn't abolishing prisons back in China. But in France, Gauche Prolétarienne was the most prominent collection of self-proclaimed Maoists around.</p>
<p>• In the free market world, the future gun-rights litigator Stephen Halbrook took to claiming an exotic assortment of leftists for the libertarian cause, describing V.I. Lenin as "<a href="https://www.unz.com/print/Abolitionist-1970jul-00001">one of the great libertarians of our age</a>" and Fidel Castro's network of informants, the Committees for the Defense of the Revolution, as an anarchistic alternative to "<a href="https://www.unz.com/print/Abolitionist-1971feb-00005/">huge central bureaucracy</a>." Halbrook's attempt to fuse libertarianism with Leninism crested with two articles full of praise for Mao, one in <em>Libertarian Analysis</em> and the other in <em>Outlook</em>. The latter appeared under the title "Mao, Economy, and State"—a play on Murray Rothbard's pro-market treatise <em><a href="https://www.amazon.com/exec/obidos/ASIN/0945466323/reasonmagazinea-20/">Man, Economy, and State</a></em>—alongside a cartoon of the Great Helmsman reading Rothbard.</p>
<p>Some of his articles' assertions were flat-out inaccurate: Halbrook claimed, for example, that "all forms of coercion were taboo" during the Great Leap Forward. Others were cherry-picked: He quoted a 1934 report where Mao wrote, "As regards the private sector of the economy, we shall not hamper it; indeed we shall promote and encourage it," without mentioning <a href="https://www.marxists.org/reference/archive/mao/selected-works/volume-1/mswv1_9.htm">the rest of the sentence</a>—"so long as it does not transgress the legal limits set by our government." Halbrook essentially assembled every example he could find of Mao either promoting local self-sufficiency or relaxing economic controls, and he presented them together as a more-or-less consistent ideal of "a free, decentralized economy." Most readers <a href="https://www.rothbard.it/articles/mao-free-enterpriser.pdf">did not find this persuasive</a>.</p>
<p>Still, at least two prominent libertarians felt something compelling in Halbrook's arguments. One was Leonard Liggio, a future president of the Mont Pelerin Society, who had publicly <a href="https://www.unz.com/print/Abolitionist-1970oct-00005/">praised</a> Halbrook's take on Lenin and published an <a href="https://www.scribd.com/document/99804521/Anarchism-Liggio">article</a> that invoked "Lenin's basic anarchism" and the "anarchistic nature of [China's] cultural revolution." (Liggio would later take a <a href="https://reason.com/1976/10/01/mao-izing-american-education/">more critical attitude</a> toward that portion of Chinese history.) The other, treading more carefully than Liggio but still dipping his toes into the water, was the Goldwater speechwriter turned anarchist <a href="https://reason.com/2025/04/13/the-anarchist-and-the-republican/">Karl Hess</a>.</p>
<p><em>Outlook</em>'s editors asked Hess to write an introduction to Halbrook's piece, perhaps under the theory that a benediction from a figure widely admired in libertarian circles might help a controversial thesis go down more smoothly. Hess approached the subject from the side: He did not claim that China was free, but he argued that libertarians should pay attention to "the <em>direction</em> of political and social movement within all nation states" and thus should take note if the Chinese were "moving—at least moving—away from command socialism and toward a sort of participatory democracy." Hess mostly left it to Halbrook to offer evidence of that movement, but he listed some changes that he believed were happening in China: turns "toward a militia defense, unarmed police, local direct democracy, cooperative rather than state ownership."</p>
<p>By framing the subject as a shift <em>toward</em> freedom rather than an actual arrival at a free destination, Hess put a degree of distance between himself and the Chinese regime. A few years later, when <em>Reason</em> columnist Edith Efron <a href="https://reason.com/1978/02/01/warning-to-constitutional-repu/">claimed</a> that Hess "now calls himself a Maoist," he <a href="https://reason.com/1978/05/01/letters-28/">wrote in</a> to call that an "actual libel" and to say that the "only other place beside Miss Efron's article that I have been described as a Maoist, so far as I know, is in the intelligence files of the FBI."</p>
<p>By that time, Hess was not merely distinguishing movement from destination; he was distinguishing the party-state from the hinterlands. <a href="https://www.playboy.com/magazine/articles/1976/07/playboy-interview-karl-hess/">Interviewed</a> by <em>Playboy</em> in 1976, he derided Mao as "an elitist, a bureaucrat" and concluded that the country was freest where Mao's power was weakest: It was "far left out in the countryside and still right-wing in Peking." (<a href="https://reason.com/2023/05/21/the-left-right-spectrum-is-mostly-meaningless/">In the mid-1970s</a>, Hess used <em>left</em> to mean dispersed power and <em>right</em> to mean concentrated authority.) He made a similar claim in his 1975 book <em><a href="https://www.amazon.com/exec/obidos/ASIN/0688028985/reasonmagazinea-20/">Dear America</a></em>. Each time, he was vague about what precisely was happening in those hinterlands. But in that vagueness, and in that lingering suspicion of the Beijing regime, Hess accomplished something that I don't think any other Mao-curious anti-authoritarians managed to do: He anticipated a transformation that was about to sweep the country.</p>
<p>You see, there really <em>was</em> something anti-authoritarian and decentralist in the Cultural Revolution's effects, though not in the way the anarcho-Mao-spontex crew imagined. The chaos of the period so decimated the party and the state that the authorities were too weak to keep a firm grip on the countryside. By the time <em>Playboy</em> was interviewing Hess, many villages <a href="https://reason.com/2016/06/05/chinas-other-cultural-revoluti/">really did enjoy</a> a great deal of <em>de facto</em> autonomy—and used it to divide communal property, evade planners' diktats, expand private landholdings, and trade on a growing black market. Soon millions were engaged in what was essentially a vast, spontaneous civil disobedience campaign. When the post-Mao regime "introduced" market reforms, it was legalizing what people at the grassroots had already started illicitly on their own. In <a href="https://www.amazon.com/exec/obidos/ASIN/0813326818/reasonmagazinea-20/">the words</a> of the Chinese-American political scientist Kate Xiao Zhou, "When the government lifted restrictions, it did so only in recognition of the fact that the sea of unorganized farmers had already made them irrelevant."</p>
<p>So when Hess wrote in <em>Dear America</em> that China was "very far to the left out in the countryside while still being much more to the right in the seats of power," he landed on an important truth. He may have landed there accidentally, but he got there all the same.</p>
<p>There was, I should add, one more significant group of people in the late '60s who embraced the anarcho-Mao-spontex notion that true Maoism meant eradicating hierarchies. This was the ultra-left segment of the Red Guards themselves. In the 1968 tract "Whither China?," a teenaged spokesman for the <a href="https://en.wikipedia.org/wiki/Shengwulian">Shengwulian</a> movement argued that the party was a privileged class and that the state should be replaced with a decentralized democracy modeled on the Paris Commune. If you need proof that Maoist orthodoxy and Mao-spontex heresy were very different beasts, you need only note that this essay was officially denounced and its author shipped to a prison camp. (He eventually <a href="https://reason.com/2021/11/07/red-markets/">became a free market economist</a>.) Another contingent of ultra-left ex–Red Guards had to flee to Hong Kong, where they mixed with anarchists and other anti-Mao leftists in a journal called <em>Minus</em> and a group called the 70s Front. No longer anarcho-Mao-spontex, they now were simply anarcho-spontex.</p>
<p>Those leftist critiques of the Maoist state caught an American politician's eye. "The main thrust of the 70s Front is the contention that Red China has become a giant monopolistic corporation," he announced. "The economy is governed by raw political power, rather than by the law of supply and demand. The state corporation has become a religious cult, and criticism of the regime is suppressed." This politician acknowledged that these "new Chinese libertarians" were "not defenders of Western-style private enterprise," but they did, he said, recognize the evils of monopoly and the need for civil liberties.</p>
<p>The politician in question was not one of those New Left veterans who had combed their sideburns, put on suits, and tried to take over the Democratic Party. He was Ronald Reagan, reading a radio script composed by a libertarian Republican who had never seen Mao as anything but a tyrant—a fellow named <a href="https://reason.com/2025/04/13/the-anarchist-and-the-republican/">John McClaughry</a>. If anyone ever wants to start a movement called anarcho-Reagan-spontex, they should check out the moment in that broadcast when the Gipper read directly from a 70s Front <a href="https://files.libcom.org/files/Minus8-July-Aug-76.pdf">manifesto</a>. "We oppose all dictatorships, all governments, all forms of statism, and all authority," he quoted approvingly.</p>
<p>The post <a href="https://reason.com/2026/05/16/the-anarchists-who-thought-mao-was-on-their-side/">The Anarchists Who Thought Mao Was on Their Side</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Outlook]]></media:credit>
		<media:title><![CDATA[Rothbard-Mao-5-15]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Rothbard-Mao-5-15-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/16/open-thread-206/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8381874</id>
		<updated>2026-05-16T07:00:00Z</updated>
		<published>2026-05-16T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/16/open-thread-206/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/16/open-thread-206/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				S. Ct. Denies Stay of Virginia Supreme Court's Redistricting Referendum Decision			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/15/s-ct-denies-stay-of-virginia-supreme-courts-redistricting-referendum-decision/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382091</id>
		<updated>2026-05-15T23:18:39Z</updated>
		<published>2026-05-15T23:18:39Z</published>
			<category scheme="https://reason.com/latest/" term="Elections" />		<summary type="html"><![CDATA[Today's order is here; the application that was denied is here. The state's argument for a stay, which the Court&#8230;
The post S. Ct. Denies Stay of Virginia Supreme Court&#039;s Redistricting Referendum Decision appeared first on Reason.com.
]]></summary>
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			<![CDATA[<p>Today's order is <a href="https://www.supremecourt.gov/orders/courtorders/051526zr_1a72.pdf">here</a>; the application that was denied is <a href="https://www.supremecourt.gov/DocketPDF/25/25A1240/408563/20260511151941216_25A%20Application%20for%20Stay.pdf">here</a>. The state's argument for a stay, which the Court rejected, begins thus:</p>
<blockquote><p>Days before Virginia's deadline to begin administering the 2026 election for members of the United States House of Representatives, the Supreme Court of Virginia invalidated an amendment to the Commonwealth's Constitution that authorizes the General Assembly to adopt new congressional maps.</p>
<p>The Court purported to find a procedural flaw in the amendment's passage and ratification: that the General Assembly failed to pass the amendment prior to the "next general election" before passing it a second time and referring the amendment to the people for their approval. The basis for that holding was the Court's view that, contrary to the Constitution's own definition of the term "election" to refer to a single day in November, the term instead encompasses the entire period of early voting beginning in September. Based on that novel and manifestly atextual interpretation, the Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected.</p>
<p>A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken on two critical issues of federal law with profound practical importance to the Nation. The decision below violates federal law in two separate ways. First, it predicated its interpretation of the Virginia Constitution on a grave misreading of federal law, which expressly fixes a single day for the "election" of Representatives and Delegates to Congress. See 2 U.S.C. § 7. Where a state court's decision on purportedly state-law grounds was "interwoven with the federal law," this Court may intervene to ensure that the state court's decision complies with federal law. <em>Michigan v. Long</em>, 463 U.S. 1032, 1040 (1983). See also <em>Three Affiliated Tribesof Fort Berthold Rsrv. v. Wold Eng'g, P.C.</em>, 467 U.S. 138, 153 (1984) (vacating state supreme court decision whose interpretation of state statute "rest[ed] on a misconception of federal law").</p>
<p>Second, by rejecting the plain text of the Virginia Constitution's definition of the term "election" to adopt its own contrary meaning, the Supreme Court of Virginia "transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections." <em>Moore v. Harper</em>, 600 U.S. 1, 36 (2023) (cleaned up). Either violation is sufficient for this Court to reverse the decision below. Accordingly, there is a "reasonable probability that this Court will grant certiorari and will then reverse the decision below."</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/15/s-ct-denies-stay-of-virginia-supreme-courts-redistricting-referendum-decision/">S. Ct. Denies Stay of Virginia Supreme Court&#039;s Redistricting Referendum Decision</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Secret Recording at Pretend Date by O'Keefe Media Wasn't Tortious, Court Holds			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/15/secret-recording-at-pretend-date-by-okeefe-media-wasnt-tortious-court-holds/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382086</id>
		<updated>2026-05-16T04:21:24Z</updated>
		<published>2026-05-15T21:57:43Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Privacy" />		<summary type="html"><![CDATA[From yesterday's decision by Judge Anthony Trenga (E.D. Va.) in Fseisi v. O'Keefe Media Group: The Complaint alleges the following:&#8230;
The post Secret Recording at Pretend Date by O&#039;Keefe Media Wasn&#039;t Tortious, Court Holds appeared first on Reason.com.
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					<content type="html" xml:base="https://reason.com/volokh/2026/05/15/secret-recording-at-pretend-date-by-okeefe-media-wasnt-tortious-court-holds/">
			<![CDATA[<p>From yesterday's decision by Judge Anthony Trenga (E.D. Va.) in <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.587338/gov.uscourts.vaed.587338.40.0.pdf"><em>Fseisi v. O'Keefe Media Group</em></a>:</p>
<blockquote><p>The Complaint alleges the following:</p>
<p>Defendant James O'Keefe is a conservative political activist whose organization, Defendant O'Keefe Media Group ("OMG"), frequently engages in "sting" operations in which its agents use false identities to arrange meetings with individuals affiliated with government, mainstream media, or progressive organizations, and surreptitiously record them with the goal of publishing the subject's potentially unflattering or controversial statements so as to tarnish the reputations of the subject or their affiliated institution or, in OMG's words, to "expos[e] corruption." Plaintiff, a top secret-cleared information systems security consultant to government agencies, including the Central Intelligence Agency, the National Security Agency and the Office of Director of National Intelligence, fell prey to one such operation in April 2024, during what he thought were two romantic dates with "Jane Doe," who unbeknownst to Plaintiff, was an OMG employee.</p>
<p>Jane Doe contacted Plaintiff via the Bumble dating app and, during both dates, represented herself as a liberal and pressed him for details on his work, including whether certain government agencies may have surveilled or withheld information from then-former President Donald Trump. In response to this questioning, Plaintiff stated, <em>inter alia</em>, that while "anything was possible" and he could not give Jane Doe a straight answer, he "believed" some information was withheld, and that NSA or CIA "could have" surveilled Trump. {The videos posted by OMG, which Defendants link to in their Motion and which the Court may consider as intrinsic to the Complaint, contain statements that are much more explicit than those alleged in the Complaint (and do not appear to be cut or deceptively edited).}</p>
<p>On the second date, Plaintiff noticed what he thought was a recording device in Jane Doe's bag (which she had kept on the table during both dates) and asked her whether he was being recorded. In response, she denied that, but then repeatedly refused to allow him to inspect her bag and shortly left the restaurant. Despite this experience, Fseisi later agreed to meet Jane Doe again in the District of Columbia, where he was instead confronted by O'Keefe and a cameraman.</p></blockquote>
<p><span id="more-8382086"></span></p>
<blockquote><p>In early May, 2024, OMG made multiple posts on its website and social media accounts which included video footage from the first and second dates and the O'Keefe confrontation that included Plaintiff's statements to Jane Doe that "we kept information from him [Trump]" (and that the "we" specifically included past CIA Directors Gina Haspel, Mike Pompeo and members of their executive staffs), and showed him responding affirmatively to Jane Doe's question of whether "the intel community used FISA [the Foreign Intelligence Surveillance Act] to spy on Trump and his team." The posts also included O'Keefe's commentary on Plaintiff's statements and other topics related to purported intelligence community activity.</p>
<p>Plaintiff alleges that he suffered various professional repercussions from these publications, chiefly that one or more federal agencies placed a "flag" on his security clearance on an unspecified date, and that he has been rejected from multiple jobs and/or projects on clearance-related grounds, resulting in eight months of unemployment. Plaintiff also alleges, <em>inter alia</em>, "severe emotional distress &hellip; [f]ear and terror resulting from death threats directed towards him &hellip; [and] damage to his personal and professional reputation."</p></blockquote>
<p>Plaintiff sued, but the court rejected his misrepresentation claim:</p>
<blockquote><p>In <em>Food Lion v. Capital Cities/ABC, Inc. </em>(4th Cir. 1999), two ABC news reporters used false identities to obtain jobs at branches of Food Lion's grocery store chain in order to investigate the chain's labor and food handling practices, and after being hired based on misrepresented identities and experience, they used hidden cameras and microphones to gather footage which was aired on a television news broadcast&hellip;. [T]he Fourth Circuit &hellip; [held that] Food Lion could not recover "publication damages," which it defined as all damages resulting from the news broadcast itself, because those damages were reputational in nature and thus represented an attempt to circumvent the <em>Sullivan</em> standard for defamation claims by public figures&hellip;.</p>
<p>All of Plaintiff's claimed damages arise out of OMG's publications, however characterized, and are therefore barred under <em>Food Lion.</em> Here, as in <em>Food Lion</em>, OMG's publications, whether defamatory or "a product of misrepresentation," were clearly a form of expression (<em>viz.</em>, what Plaintiff said and what OMG claimed he said) and did not constitute the breach of a promise as in <em>Cowles&hellip;.</em> [T]he Fourth Circuit held that Food Lion was not entitled to publication damages without meeting the <em>Sullivan</em> standard "to give adequate 'breathing space' to the freedoms protected by the First Amendment." Plaintiff's claims to recover damages, all of which arise out of OMG's publications, are therefore foreclosed by the First Amendment&hellip;.</p></blockquote>
<p>And the court rejected plaintiff's Federal Wiretap Act claim; the federal law (unlike the laws of some so-called "two-party consent" states) allows secret recording that's consented to by one party to the communication unless the "communication is intercepted for the purpose of committing any criminal or tortious act in violation of" federal or state law, and the court held this exception doesn't apply here:</p>
<blockquote><p>Plaintiff alleges that the recordings were made for the tortious purpose of defaming him; but while he concedes that he does not allege a defamation claim or rely on any defamatory aspect of Defendants' public statements, he argues that his misrepresentation and conspiracy allegations provide the tortious purpose for the recordings.</p>
<p>The Purpose Provision requires an intent to commit a <em>future</em> tortious act. Here, the relied-upon misrepresentations all occurred before the publication of the recordings (viz: chiefly during the Bumble dating app messaging between Plaintiff and Jane Doe) and were part and parcel of Defendants' scheme to obtain the recordings, not the purpose for which the recordings were intended to be used. Because Plaintiff has not otherwise plausibly alleged that Defendants intercepted his oral communications with the purpose of committing a subsequent tort or criminal offense, his wiretapping claim must be dismissed.</p></blockquote>
<p>Benjamin Barr and Stephen Klein (Barr &amp; Klein PLLC), and Earl N. "Trey" Mayfield, III and Dan Backer (Chalmers, Adams, Backer &amp; Wallen, LLC) represent defendants.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/15/secret-recording-at-pretend-date-by-okeefe-media-wasnt-tortious-court-holds/">Secret Recording at Pretend Date by O&#039;Keefe Media Wasn&#039;t Tortious, Court Holds</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				These Politicians Want To Tax the Rich. But Why Do They Seem To Despise Them?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/15/these-politicians-want-to-tax-the-rich-but-why-do-they-seem-to-despise-them/" />
		<id>https://reason.com/?p=8381993</id>
		<updated>2026-05-15T21:37:46Z</updated>
		<published>2026-05-15T21:33:52Z</published>
			<category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Progressives" /><category scheme="https://reason.com/latest/" term="Alexandria Ocasio-Cortez" /><category scheme="https://reason.com/latest/" term="Bernie Sanders" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="Elizabeth Warren" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="wealth tax" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Are Jeff Bezos and other billionaires really evil just because they're wealthy?]]></summary>
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		<p><span style="font-weight: 400;">Our politics have been analogized to </span><i><span style="font-weight: 400;">Veep</span></i><span style="font-weight: 400;">. A more apt comparison some days is that we are living in a cartoon. Every good cartoon needs a supervillain or three. Our supervillains created millions of jobs, made goods cheaper and far easier to obtain, and revolutionized access to information, among other terrible, terrible things. </span></p>
<p><span style="font-weight: 400;">I am referring to billionaires. Reasonable people will debate, and disagree on, the best way to sketch out the tax code. Protestations to "tax the rich" have long been central to progressive politics. But last week's Met Gala was a reminder that there is something else undergirding those calls: what seems like legitimate hatred or, at a minimum, disgust. Why?</span></p>
<p><span style="font-weight: 400;">The Met Gala, of course, is a convenient backdrop for this kind of criticism: a ludicrous event where many of the ultrarich gather together, hobnob in opulent costume, and, at least in one case, </span><a href="https://www.cosmopolitan.com/uk/reports/a71216914/sarah-paulson-met-gala-tone-deaf/"><span style="font-weight: 400;">protest their own existence</span></a><span style="font-weight: 400;">. This year, however, was even more convenient, because the gala was sponsored by our main cartoon villain: Jeff Bezos.</span></p>
<p><span style="font-weight: 400;">"If Jeff Bezos can drop $10 million to sponsor the Met Gala, he can afford to pay his fair share in taxes," <a href="https://x.com/SenWarren/status/2051378897531306196">said</a> Sen. Elizabeth Warren (D–Mass.) in one of the more civil criticisms offered. Sen. Bernie Sanders (I–Vt.) was more pointed:</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The reality of American life today: Jeff Bezos, worth $290 billion, spent:</p>
<p>$10 million on the Met Gala<br />$120 million on a penthouse<br />$500 million on a yacht</p>
<p>Meanwhile, he's planning to throw 600,000 Amazon workers out on the streets and replace them with robots.</p>
<p>Unacceptable.</p>
<p>&mdash; Sen. Bernie Sanders (@SenSanders) <a href="https://twitter.com/SenSanders/status/2051711687019905091?ref_src=twsrc%5Etfw">May 5, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><span style="font-weight: 400;">Rep. Alexandria Ocasio-Cortez (D–N.Y.) went on to <a href="https://x.com/MarcoFoster_/status/2052427151371047016">tell</a> comedian Ilana Glazer, worth quite a bit of money herself, that it is simply not possible to earn a billion dollars. "You can get market power, you can break rules, you can abuse labor laws, you can pay people less than what they're worth," she said, "but you can't earn that."</span></p>
<p><span style="font-weight: 400;">The common theme here is that Bezos et al. are, in effect, not just subject to an unfair tax rate. It is that they are evil. He is not paying his "fair share," he is throwing people out onto the streets, he and others must have abused the law.</span></p>
<p><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s Christian Britschgi </span><a href="https://reason.com/2026/05/08/contra-aoc-you-dont-have-to-be-a-billionaire-to-be-a-leech/"><span style="font-weight: 400;">explained</span></a><span style="font-weight: 400;"> last week why this general outlook betrays economic reality. But it's also important to interrogate the basic idea that someone is evil because he is rich, which has become common wisdom in certain circles. There are certainly wealthy people who are rotten. Making a product that others want, though, does not make someone a bad egg. Amazon, founded by Bezos, allows people to get items much quicker and often for considerably less money. As of December of last year, the company </span><a href="https://mlq.ai/stocks/AMZN/employee-count/"><span style="font-weight: 400;">employed 1.58 million people</span></a><span style="font-weight: 400;">. </span><i><span style="font-weight: 400;">He</span></i><span style="font-weight: 400;"> is our cartoon villain?</span></p>
<p><span style="font-weight: 400;">There are other examples. Sergey Brin and Larry Page gave the world near-unfettered access to information with Google. Maybe it's even how you found this article. (Thanks.) Steve Jobs effectively put computers in our pockets, facilitating more intimate communication and connection with friends and loved ones near and far. Elon Musk, for all of his controversy, helped pioneer the modern electric vehicle and is investing in technology to help people with neural issues regain function. Why is this never a part of the story?</span></p>
<p><span style="font-weight: 400;">This ire is not constrained to the yearly Met Gala. Perhaps nothing captures it better than a <a href="https://x.com/NYCMayor/status/2044508902809628760?s=20">video</a> New York Mayor Zohran Mamdani filmed last month, standing on the street, sneering while he informed constituents that "today, we're taxing the rich." The proposal: a pied-á-terre tax on luxury units whose owners do not live full-time in the city. Why sneering? Because Mamdani was outside of one such unit. He pointed upward at the penthouse and named and shamed its owner, Ken Griffin. Perhaps there is a conversation to be had about an additional tax on high-end, part-time residences. A government leader expressing such revulsion for a constituent is another thing entirely. One of the two men has a lot of audacity, and it is not the private citizen.</span></p>
<p><span style="font-weight: 400;">Griffin, after all, is a major contributor to the New York economy, though he has reportedly begun </span><a href="https://nypost.com/2026/05/06/us-news/billionaire-ken-griffin-scales-back-nyc-jobs-in-response-to-mamdanis-tax-the-rich-antics-sparking-fears-wealthy-exodus-has-begun/"><span style="font-weight: 400;">scaling back</span></a><span style="font-weight: 400;"> in response to the video. He is also a major philanthropist, having </span><a href="https://time.com/collections/time100-philanthropy-2025/7286078/ken-griffin/"><span style="font-weight: 400;">given away</span></a><span style="font-weight: 400;"> billions of dollars. Bezos, meanwhile, recently </span><a href="https://nypost.com/2026/05/13/us-news/bezos-family-donates-100m-to-charity-funding-nyc-preschool-education"><span style="font-weight: 400;">gave a $100 million donation</span></a><span style="font-weight: 400;"> to a charity funding early childhood education in New York. Will Bernie Sanders add that to his list of Bezos expenditures?</span></p>
<p>The post <a href="https://reason.com/2026/05/15/these-politicians-want-to-tax-the-rich-but-why-do-they-seem-to-despise-them/">These Politicians Want To Tax the Rich. But Why Do They Seem To Despise Them?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Bernie Sanders, Zohran Mamdani, Alexandria Ocasio-Cortez, and Elizabeth Warren in front of a yellow backdrop]]></media:description>
		<media:caption><![CDATA[Left to right: Sen. Bernie Sanders, New York Mayor Zohran Mamdani, Rep. Alexandria Ocasio-Cortez, and Sen. Elizabeth Warren]]></media:caption>
		<media:text><![CDATA[Left to right: Sen. Bernie Sanders, New York Mayor Zohran Mamdani, Rep. Alexandria Ocasio-Cortez, and Sen. Elizabeth Warren]]></media:text>
		<media:title><![CDATA[tax-billionaires]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Autumn Billings</name>
							<uri>https://reason.com/people/autumn-billings/</uri>
					</author>
					<title type="html"><![CDATA[
				An Alabama Mom Delivered a Preterm Baby in a Jail Cell. She Says Staff Refused To Help.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/15/an-alabama-mom-delivered-a-preterm-baby-in-a-jail-cell-she-says-staff-refused-to-help/" />
		<id>https://reason.com/?p=8382030</id>
		<updated>2026-05-16T12:42:02Z</updated>
		<published>2026-05-15T20:58:21Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Jail" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="War on Drugs" /><category scheme="https://reason.com/latest/" term="Alabama" /><category scheme="https://reason.com/latest/" term="Dignity" /><category scheme="https://reason.com/latest/" term="Government abuse" /><category scheme="https://reason.com/latest/" term="Government failure" /><category scheme="https://reason.com/latest/" term="Pregnancy" />		<summary type="html"><![CDATA[The mother is suing after she delivered her preterm baby on the jail's floor following 24 hours of labor with no medical assistance.]]></summary>
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		<p><span style="font-weight: 400;">A woman is </span><a href="https://ltpr4jjab.cc.rs6.net/tn.jsp?f=001OzWimpbl8DP9wRcmDbOVpu0xa7jA4vZWOgQw1BJ-R2msPqqY_qZoDO5bVFQZWs37cRW7O8XV6-F6oPmmC3J2ynXotwGswGU8Qf6QaxOSg1AaGvgqYnHawB89CQka3L409xpVdFR5ZHHmkxFlfd0-HRByImrW2v3oUqu5tfIt0ZxUU60gQh1cTzNH1OEiiwOo2FYjVym8xy4p-ZKxsK92Fj5j7-DqvV2jEL5-wIgtK76Mcb4VHrU1vkEz_39IYsjT&amp;c=xth6EiB26Veu1PdPCsuUXKtWD06F3wbRK8U1l0ZLcyN-vBDTOj_vPQ==&amp;ch=rs8edJ-IfJjEcgBTVDz1LXzGl9OsFjTPUAISYBL8Pt6-8XLKpdWZhA=="><span style="font-weight: 400;">suing</span></a><span style="font-weight: 400;"> Houston County in southeast Alabama for violating her constitutional rights after she was forced to give birth preterm with no medical assistance in the county jail. </span></p>
<p><span style="font-weight: 400;">The </span><a href="https://ltpr4jjab.cc.rs6.net/tn.jsp?f=001OzWimpbl8DP9wRcmDbOVpu0xa7jA4vZWOgQw1BJ-R2msPqqY_qZoDO5bVFQZWs37cRW7O8XV6-F6oPmmC3J2ynXotwGswGU8Qf6QaxOSg1AaGvgqYnHawB89CQka3L409xpVdFR5ZHHmkxFlfd0-HRByImrW2v3oUqu5tfIt0ZxUU60gQh1cTzNH1OEiiwOo2FYjVym8xy4p-ZKxsK92Fj5j7-DqvV2jEL5-wIgtK76Mcb4VHrU1vkEz_39IYsjT&amp;c=xth6EiB26Veu1PdPCsuUXKtWD06F3wbRK8U1l0ZLcyN-vBDTOj_vPQ==&amp;ch=rs8edJ-IfJjEcgBTVDz1LXzGl9OsFjTPUAISYBL8Pt6-8XLKpdWZhA=="><span style="font-weight: 400;">lawsuit</span></a><span style="font-weight: 400;">, filed in federal court earlier this week, accuses the county, jail, and officers involved, in part, of deliberate indifference to serious medical needs and the denial of medical care in violation of the 14th Amendment. </span></p>
<p><span style="font-weight: 400;">Tiffany McElroy was 34 weeks pregnant with a history of preterm labor when she was arrested on May 23, 2024, on chemical endangerment charges, according to the complaint filed on McElroy's behalf by the nonprofit Pregnancy Justice. The </span><a href="https://law.justia.com/codes/alabama/title-26/chapter-15/section-26-15-3-2/"><span style="font-weight: 400;">charge</span></a><span style="font-weight: 400;">, which involves exposing children, including fetuses, to a controlled or chemical substance or drug paraphernalia, stemmed from allegations that McElroy had used substances during her pregnancy.</span></p>
<p><span style="font-weight: 400;">In the early hours of May 26, 2024, while in Houston County Jail, McElroy alerted the jail staff and officers that her water had broken, according to the suit. Considered a </span><a href="https://www.tommys.org/pregnancy-information/pregnancy-complications/waters-breaking-early-pprom"><span style="font-weight: 400;">medical emergency</span></a><span style="font-weight: 400;"> when the water breaks before 37 weeks, McElroy and her child were at risk of serious infection, sepsis, and premature birth. But "despite her obvious signs of labor," reads the complaint, "no one from the jail came to help." </span></p>
<p><span style="font-weight: 400;">Instead, McElroy claims that for nearly 24 hours, she received no medical assistance for her preterm labor. Although she met with the jail's physician assistant and nurse hours after her water had broken, McElroy was only given a diaper and ibuprofen, even though her fetus showed signs of an elevated heart rate. And her repeated pleas to go to the hospital were ignored. </span></p>
<p><span style="font-weight: 400;">Although pain in her abdomen continued to escalate, and her amniotic fluid continued to leak, McElroy was forced to attend her first court appearance and move about the jail without assistance, reads the complaint. </span></p>
<p><span style="font-weight: 400;">As McElroy's labor progressed into the second night, "other women detained in the jail repeatedly alerted jail staff to the emergency&hellip;but jail staff rarely responded," and "made no effort of any kind of emergency medical assessment or assistance," according to the lawsuit. By the early morning on May 27, 2024, McElory was screaming in pain and began to feel the urge to start pushing. </span></p>
<p><span style="font-weight: 400;">Still, the jail staff did not act. Indeed, one officer said she was forbidden from calling 911 or assisting McElroy because "she and the jail could be held accountable if anything happened to [McElroy] or her baby," the lawsuit alleges. And other detained women were threatened with tasing and other punishment for attempting to help McElroy deliver her baby. "Despite these threats," other women in McElroy's pod insisted on helping her deliver as her contractions slowed, according to the complaint. </span></p>
<p><span style="font-weight: 400;">When McElroy's baby was born, "she was not crying or breathing," but thanks to the quick thinking of one of the other women to "suction the baby's mouth and nose three times and stimulat[e] the chest&hellip;the baby started breathing," reads the complaint. It was only after the baby was delivered that officers took McElroy and her baby to the hospital, with one officer telling the women in the pod: "Y'all should've pushed that motherfucking baby back in." </span></p>
<p><span style="font-weight: 400;">More than 24 hours after her water broke, her preterm baby was transferred to the neonatal intensive care unit, and McElroy was treated for a serious bacterial infection that can be brought on "when the amniotic sac is ruptured for a prolonged period of time," according to Pregnancy Justice. McElroy also received a blood transfusion due to the amount of blood she lost during the delivery.  </span></p>
<p><span style="font-weight: 400;">"I'm so grateful that my baby and I are here today, and I owe that to other women because the guards treated me like I was less than nothing," McElroy said in a </span><a href="https://www.pregnancyjusticeus.org/press/alabama-mother-tiffany-mcelroy-files-federal-lawsuit-for-jail-birth/"><span style="font-weight: 400;">statement</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">The state of Alabama jails more women for endangering their pregnancies than any other state, </span><a href="https://www.pregnancyjusticeus.org/press/alabama-mother-tiffany-mcelroy-files-federal-lawsuit-for-jail-birth/"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to Karen Thompson, the legal director at Pregnancy Justice. "From June 2022 to June 2024&hellip;Alabama prosecuted 192 women on pregnancy-related charges, mostly on charges that they used drugs while pregnant," </span><a href="https://www.al.com/news/2026/05/alabama-woman-forced-to-give-birth-on-jail-floor-suit-says-i-have-nightmares-that-we-both-died.html"><span style="font-weight: 400;">reports</span></a><span style="font-weight: 400;"> AL.com. Alabama is followed by Oklahoma (112 prosecutions), South Carolina (62), and then Texas and Mississippi (both at just 9), according to an </span><a href="https://www.pregnancyjusticeus.org/wp-content/uploads/2025/09/Pregnancy-as-a-Crime-An-Interim-Update-on-the-First-Two-Years-After-Dobbs.pdf"><span style="font-weight: 400;">analysis</span></a><span style="font-weight: 400;"> by Pregnancy Justice. </span></p>
<p><span style="font-weight: 400;">Whether it is wise to use the criminal justice system to incarcerate pregnant women who allegedly ingest substances may be up for debate, but what happened to McElroy was an undeniable violation of her rights and dignity. She faces an unfortunately steep uphill battle to hold the government actors who denied her and her child adequate medical care accountable. </span></p>
<p>The post <a href="https://reason.com/2026/05/15/an-alabama-mom-delivered-a-preterm-baby-in-a-jail-cell-she-says-staff-refused-to-help/">An Alabama Mom Delivered a Preterm Baby in a Jail Cell. She Says Staff Refused To Help.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Tiffany McElroy/Simon Campbell/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Tiffany McElroy]]></media:description>
		<media:title><![CDATA[Tiffany McElroy-5-15]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Tiffany-McElroy-5-15-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Maryland's Energy Crisis Was Created In Annapolis			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/15/marylands-energy-crisis-was-created-in-annapolis/" />
		<id>https://reason.com/?p=8382016</id>
		<updated>2026-05-15T20:35:49Z</updated>
		<published>2026-05-15T20:35:49Z</published>
			<category scheme="https://reason.com/latest/" term="Clean Energy" /><category scheme="https://reason.com/latest/" term="Electricity" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Energy efficiency" /><category scheme="https://reason.com/latest/" term="Energy Subsidies" /><category scheme="https://reason.com/latest/" term="Renewable energy" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Maryland" />		<summary type="html"><![CDATA[This week, Wes Moore blamed grid operators for high electricity costs, but the problem has worsened because of his own policies]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/15/marylands-energy-crisis-was-created-in-annapolis/">
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										alt="An illustration of Wes Moore alongside a logo for the Maryland Public Service Commission | Illustration Credit: Maryland Public Service Commission/Kim Hairston/TNS/Newscom/Thomas Fuller/ZUMAPRESS/Newscom"
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		<p><span style="font-weight: 400;">PJM Interconnection, the largest electricity grid operator in the nation, held its annual company meeting in Baltimore earlier this week. For Maryland Democratic Gov. Wes Moore, the event was an opportunity to voice grievances about rising energy costs. </span></p>
<p><span style="font-weight: 400;">"I am here to say plainly that PJM can—and must—do more for ratepayers," Moore </span><a href="https://governor.maryland.gov/news/press-releases/governor-moore-delivers-address-pjm-annual-meeting-urges-reforms-protect-maryland-ratepayers"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">, adding that PJM's system "isn't working." Moore's comments come as the price of residential electricity in the state has reached 22.4 cents per kilowatt-hour. This is </span><a href="https://www.electricchoice.com/electricity-prices-by-state/maryland/"><span style="font-weight: 400;">24 percent higher</span></a><span style="font-weight: 400;"> than the national average and 6.4 percent more than last year. </span></p>
<p><span style="font-weight: 400;">Maryland is not alone. Across the country, residential electricity prices </span><a href="https://www.eia.gov/electricity/monthly/update/end-use.php"><span style="font-weight: 400;">rose</span></a><span style="font-weight: 400;"> by 7.4 percent from February 2025 to February 2026, the most recent month for which federal data are available. While data centers have become an easy scapegoat for </span><a href="https://www.monitoringanalytics.com/reports/PJM_State_of_the_Market/2026/2026q1-som-pjm.pdf"><span style="font-weight: 400;">rising wholesale prices</span></a><span style="font-weight: 400;">, there are a range of factors behind these price hikes, including upgrades to aging grids, fluctuating natural gas prices, supply chain constraints, and growing demand that has simply outpaced supply.</span></p>
<p><span style="font-weight: 400;">As Jeffrey Shields, PJM's senior manager of external communications, tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">, the operator is "working with relentless focus to accelerate the connection of new generation." Any problems PJM faced with its interconnection process—pilloried by Moore—are a thing of the past, according to Shields. </span></p>
<p><span style="font-weight: 400;">Facing a backlog of new energy generation and storage projects, PJM closed its interconnection queue in 2022, revamping its process from first-come, first-served to what Shields calls a "cluster" approach, resulting in </span><a href="https://insidelines.pjm.com/over-800-new-generation-projects-seek-to-connect-under-pjms-reformed-process/"><span style="font-weight: 400;">811 new generation projects</span></a><span style="font-weight: 400;"> in its first cycle this year. </span></p>
<p><span style="font-weight: 400;">While Moore castigates PJM, he has consistently supported policies such as price caps and clean energy mandates that distort the market and increase costs for Maryland residents. This includes two bills </span><a href="https://governor.maryland.gov/news/press-releases/governor-moore-signs-landmark-legislation-lower-energy-costs-maryland-families-and-strengthen"><span style="font-weight: 400;">recently signed</span></a><span style="font-weight: 400;"> by the governor that purport to "protect Maryland families from rising utility costs and make Maryland's economy more business-friendly" but will likely have the opposite effect.</span></p>
<p><span style="font-weight: 400;">One of those bills, the </span><a href="https://mgaleg.maryland.gov/2026RS/bills/hb/hb1532E.pdf"><span style="font-weight: 400;">Utility RELIEF Act</span></a><span style="font-weight: 400;">, will </span><a href="https://governor.maryland.gov/news/press-releases/governor-moore-signs-landmark-legislation-lower-energy-costs-maryland-families-and-strengthen"><span style="font-weight: 400;">allegedly</span></a><span style="font-weight: 400;"> save residents "at least $150 on their energy bills every year." The law includes </span><a href="https://mgaleg.maryland.gov/2026RS/fnotes/bil_0002/hb1532.pdf"><span style="font-weight: 400;">$100 million</span></a><span style="font-weight: 400;"> for refunds or credits to ratepayers drawn from the state's Strategic Energy Investment Fund (SEIF). Another $100 million will go to the Maryland Energy Administration to "conduct a competitive, low-bid auction" for renewable energy projects. </span></p>
<p><span style="font-weight: 400;">Funded by "alternative compliance payments" from utilities, the SEIF has seen payments grow from $77 million in FY 2022 to $365 million by FY 2025, </span><a href="https://energy.maryland.gov/Reports/SEIF%20Vol%201%20FY25.pdf"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the state's energy administration. </span></p>
<p><span style="font-weight: 400;">According to Josh Smith, a senior fellow at the Pacific Legal Foundation, actions like those spelled out in the RELIEF Act "tend to make things more expensive," deterring suppliers from serving the market. </span></p>
<p><span style="font-weight: 400;">Another bill touted by the Moore administration, </span><a href="https://mgaleg.maryland.gov/2026RS/bills/sb/sb0388E.pdf"><span style="font-weight: 400;">the DECADE Act</span></a><span style="font-weight: 400;">, will reportedly improve Maryland's ability to "attract, develop, and grow businesses" through a series of tax credits and carve-outs designed to counter the state's 3 percent tech tax, which Moore </span><a href="https://governor.maryland.gov/news/press-releases/governor-moore-signs-fy-2026-budget-and-legislation-modernize-state-government-during-final-2025"><span style="font-weight: 400;">signed into law</span></a><span style="font-weight: 400;"> last May. The bill's major provisions—including economic development zones, film tax credits, job creation credits, and R&amp;D credits—seem representative of a state government that believes it's better at allocating capital than the market. </span></p>
<p><span style="font-weight: 400;">Max Gulker, managing director of technology policy at Reason Foundation, the nonprofit that publishes </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">, says Maryland's problems require the state to consider expanding existing infrastructure and building new grids.</span></p>
<p><span style="font-weight: 400;">Easier said than done. The Piedmont Reliability Project, intended to increase the state's transmission capacity, has faced regulatory and legal challenges from the state since it was first announced in 2024, </span><a href="https://www.wbaltv.com/article/maryland-piedmont-reliability-project-powerline-decision-2027-psc/66064611"><span style="font-weight: 400;">according to</span></a><span style="font-weight: 400;"> local NBC affiliate WBALTV11. A decision by the state's utility commission on the project's viability isn't expected until 2027.</span></p>
<p><span style="font-weight: 400;">Maryland has sought to streamline its permitting process for interconnection requests aligned with the state's clean energy goals. Under the </span><a href="https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0937?ys=2025RS"><span style="font-weight: 400;">Next Generation Energy Act</span></a><span style="font-weight: 400;">, eligible applicants can receive permits within 295 days. For a project to be eligible, its greenhouse gas emissions must be lower than those of coal or oil, and it must be capable of generating energy quickly during peak demand.</span></p>
<p><span style="font-weight: 400;">While this may appear to be a blatant example of the government picking energy winners and losers, such policies are common. As Maryland Public Service Commission Chairman Kumar Barve tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">, "all 50 states in the union have incentives for different kinds of energy&hellip;.There's not a single free market state in the union, not Texas, not Oklahoma, not anybody."</span></p>
<p><span style="font-weight: 400;">And just as Maryland is not the only state to tilt the scales in favor of renewables, Moore is not the only governor to blame PJM for the price hikes from these policies. </span></p>
<p><span style="font-weight: 400;">In New Jersey—which has long subsidized renewables and, until recently, banned construction of nuclear power plants—Democratic Gov. Mikie Sherrill has </span><a href="https://www.nj.gov/infobank/eo/057sherrill/pdf/EO-1.pdf"><span style="font-weight: 400;">frozen utility rate</span></a><span style="font-weight: 400;"> increases. "I'm going to crack down on PJM, get new energy hooked into the grid, and sue to prevent excessive rate hikes," she </span><a href="https://x.com/MikieSherrill/status/1951006626137174348"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> while on the campaign trail last year. </span></p>
<p>The post <a href="https://reason.com/2026/05/15/marylands-energy-crisis-was-created-in-annapolis/">Maryland&#039;s Energy Crisis Was Created In Annapolis</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration Credit: Maryland Public Service Commission/Kim Hairston/TNS/Newscom/Thomas Fuller/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of Wes Moore alongside a logo for the Maryland Public Service Commission]]></media:description>
		<media:title><![CDATA[05.14.26-v2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jonathan H. Adler</name>
							<uri>https://reason.com/people/jonathan-adler/</uri>
					</author>
					<title type="html"><![CDATA[
				Vladeck v. Adler on the Shadow Docket			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/15/vladeck-v-adler-on-the-shadow-docket/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382014</id>
		<updated>2026-05-15T19:43:17Z</updated>
		<published>2026-05-15T19:42:16Z</published>
			<category scheme="https://reason.com/latest/" term="Judiciary" /><category scheme="https://reason.com/latest/" term="shadow docket" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[A discussion of the Supreme Court's "Shadow Docket" on the We the People Podcast.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/15/vladeck-v-adler-on-the-shadow-docket/">
			<![CDATA[<p>Last week, I recorded a We the People podcast episode for the National Constitution Center discussing the increased volume of applications and orders on the Supreme Court's interim docket, aka the "shadow docket," with Professor Steven Vladeck of the Georgetown Law Center, moderated by Julie Silverbrook. The podcast has now been released as is available for listen <a href="https://constitutioncenter.org/news-debate/podcasts/jonathan-adler-and-stephen-vladeck-debate-the-use-of-the-shadow-docket-on-the-roberts-court">here</a>, or on your podcast platform of choice.</p>
<p><iframe loading="lazy" title="Podcast | The Use of the "Shadow Docket" on the Roberts Court" width="500" height="281" src="https://www.youtube.com/embed/48tpccBtf5c?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/05/15/vladeck-v-adler-on-the-shadow-docket/">Vladeck v. Adler on the Shadow Docket</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Georgia High Court Admonishes D.A.'s Office, Over "Vehement" Dissent, for Role in AI Hallucinations in Court Order			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/15/georgia-high-court-admonishes-d-a-s-office-over-vehement-dissent-for-role-in-ai-hallucinations-in-court-order/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382017</id>
		<updated>2026-05-15T19:37:00Z</updated>
		<published>2026-05-15T19:36:16Z</published>
			<category scheme="https://reason.com/latest/" term="AI in Court" />		<summary type="html"><![CDATA[But the court is unanimous on the sanctions for the particular Assistant D.A. who was involved, and added: "We strongly encourage trial courts to carefully review proposed orders with the understanding that artificial intelligence software, with all of its potential risks and benefits, may have been used to prepare such proposed orders."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/15/georgia-high-court-admonishes-d-a-s-office-over-vehement-dissent-for-role-in-ai-hallucinations-in-court-order/">
			<![CDATA[<p>From <em><a href="https://caselaw.findlaw.com/court/ga-supreme-court/118328739.html">Payne v. State</a></em>, decided last week, in an opinion by Justice Benjamin Land:</p>
<blockquote><p>Hannah Payne was sentenced to life in prison plus 13 years for the murder and false imprisonment of Kenneth Herring and the possession of a firearm during the commission of a felony. In response to Payne's motion for new trial, the assistant district attorney assigned to the case, Deborah Leslie, filed a brief that contained non-existent cases and cases that do not stand for the proposition asserted in the brief.</p>
<p>In an order largely prepared by ADA Leslie, the trial court denied Payne's motion for new trial. That order contained citations to non-existent cases and cases that do not stand for the proposition asserted in the order.</p>
<p>In response to Payne's appeal, ADA Leslie once again cited cases that do not stand for the proposition asserted. As a result of these filings, we have been sidetracked from our obligation of resolving the merits of Payne's appeal and have had to devote significant time and resources to the discovery of this misconduct and deciding what to do about it. As outlined below, we admonish ADA Leslie and the Clayton County District Attorney's office; we sanction ADA Leslie and suspend her privilege to practice in our Court; and we vacate the trial court's order denying Payne's motion for new trial and remand the case to the trial court with instruction that it issue a new order that does not contain the citation of fake cases or other misattributed case citations&hellip;.</p></blockquote>
<p><span id="more-8382017"></span></p>
<blockquote><p>[On appeal,] ADA Leslie acknowledged that the case citations generated by artificial intelligence software were not independently verified before inclusion in the State's briefs or proposed order and represented that she had implemented safeguards to ensure that fictitious or misattributed authorities would not appear in any future filings. In addition to the nine cases listed in this Court's March 20, 2025, order, ADA Leslie identified twelve additional cases in her briefing before the trial court that she acknowledges were generated by artificial intelligence software, were not independently verified, and do not stand for the propositions for which they were offered&hellip;.</p>
<p>We admonish ADA Leslie and the Clayton County District Attorney's Office for failing to verify the accuracy of case citations and then including a substantial number of inaccurate case citations in their filings before this Court and the trial court. See Supreme Court Rule 7 ("Parties and counsel are responsible for ensuring that their filings with the Court, including briefs, shall be carefully checked for truthfulness and accuracy as the rules already require.").</p>
<p>{We acknowledge the Clayton County District Attorney's March 27, 2026, letter to this Court, in which the District Attorney apologized for the post-trial filings in this case, stated that her office would be "expanding [its] internet and social media use policies to specifically address the use of artificial intelligence," and indicated that "strict disciplinary action ha[d] been taken against" ADA Leslie. The dissent relies upon this letter in support of its position that we should not admonish the District Attorney. First, we have not admonished the District Attorney individually but rather admonished her office, since ADA Leslie submitted the filings at issue on behalf of that office. Second, we are puzzled by the dissent's reference to the District Attorney as the "elected District Attorney." All district attorneys in Georgia are elected, and that status has no bearing on their obligations to the courts in which they practice or our obligations when faced with misconduct arising out of their offices.} &hellip;</p>
<p>We hereby suspend ADA Deborah Leslie's privilege to practice before the Supreme Court of Georgia for six months&hellip;. {The sanctions imposed by this Court are case-specific and based on the information and material in the record. Nothing stated herein shall be construed to affect, in any manner, any disciplinary proceedings that may be brought by the State Bar of Georgia, the Judicial Qualifications Commission, or any other entity.} &hellip;</p>
<p>Because the trial court's September 12, 2025, order denying Payne's motion for new trial contains numerous fictitious or misattributed case citations, we hereby vacate the trial court's order and remand the case to the trial court with instructions that it prepare and issue a new order on Payne's motion for new trial. The trial court's order shall not contain any fictitious or misattributed case citations, and given the unfortunate circumstances that have led us to this point, the trial court's order shall not be prepared by counsel for either party.</p>
<p>We strongly encourage trial courts to carefully review proposed orders with the understanding that artificial intelligence software, with all of its potential risks and benefits, may have been used to prepare such proposed orders&hellip;.</p></blockquote>
<p>Justice Shawn Ellen <a href="https://www.westlaw.com/Link/Document/FullText?findType=h&amp;pubNum=176284&amp;cite=0256517301&amp;originatingDoc=I61eb8790488211f18df8800d40bb77ef&amp;refType=RQ&amp;originationContext=document&amp;vr=3.0&amp;rs=cblt1.0&amp;transitionType=DocumentItem&amp;contextData=(sc.DocLink)">LaGrua</a>, joined by Justice Verda Colvin, dissented "as to the admonishment of the elected Clayton County District Attorney":</p>
<blockquote><p>In this opinion, the majority admonishes and sanctions the assistant district attorney who represents the State in this case, gives direction to the presiding judge regarding the issuance of a new order, and admonishes the elected District Attorney. While I recognize that the District Attorney's name appears on the briefs and she ultimately bears responsibility for the actions of those who work for her, I also understand that she must be able to trust and rely upon her staff to do their jobs ethically and professionally. Every assistant district attorney takes an oath to that effect.</p>
<p>In this instance, the District Attorney sent a lengthy letter to this Court, copied to opposing counsel, apologizing for the conduct of the assistant district attorney and outlining the severe sanctions imposed on that attorney for her actions in this case. Additionally, the District Attorney assured this Court that she is immediately implementing policies and procedures to keep this from happening in the future. We have absolutely no reason to doubt the veracity of that letter. And I find such proactive disciplinary and preventative measures to be more than sufficient under the circumstances.</p>
<p>Based on the foregoing, I vehemently decline to admonish the elected Clayton County District Attorney and respectfully dissent to that portion of the majority opinion.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/15/georgia-high-court-admonishes-d-a-s-office-over-vehement-dissent-for-role-in-ai-hallucinations-in-court-order/">Georgia High Court Admonishes D.A.&#039;s Office, Over &quot;Vehement&quot; Dissent, for Role in AI Hallucinations in Court Order</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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