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	<title type="text">Latest - Reason.com</title>
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		2026-07-01T08:01:48Z	</updated>

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	<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
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					<title type="html"><![CDATA[
				Viewpoint Discrimination Challenge to Utah Legislature's Media Credentialing Policy Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/07/01/viewpoint-discrimination-challenge-to-utah-legislatures-media-credentialing-policy-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391138</id>
		<updated>2026-06-30T21:20:35Z</updated>
		<published>2026-07-01T12:01:48Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[From Utah Political Watch, Inc. v. Musselman, decided yesterday by Judges Timothy Tymkovich, Michael Murphy, and Robert Bacharach: The Utah&#8230;
The post Viewpoint Discrimination Challenge to Utah Legislature&#039;s Media Credentialing Policy Can Go Forward appeared first on Reason.com.
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					<content type="html" xml:base="https://reason.com/volokh/2026/07/01/viewpoint-discrimination-challenge-to-utah-legislatures-media-credentialing-policy-can-go-forward/">
			<![CDATA[<p>From <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111460379.pdf"><em>Utah Political Watch, Inc. v. Musselman</em></a>, decided yesterday by Judges Timothy Tymkovich, Michael Murphy, and Robert Bacharach:</p> <blockquote><p>The Utah Legislature opens its legislative sessions to the public so that its constituents may observe the state's lawmaking process. The Legislature also grants additional access to professional journalists through what it calls its Capitol Media Access and Credentialing Policy. Beyond what the Legislature affords the public, credentialed journalists receive perks such as entry to a press room and secure areas of the Capitol, use of designated media workspaces in the Senate and House galleries, and access to media availabilities and press events with elected officials. To be eligible for a credential, a journalist must be "part of an established reputable news organization" and "[a]dhere to a professional code of ethics." The policy categorically excludes journalists associated with "[b]logs, independent media or other freelance media" from receiving a credential.</p> <p>Bryan Schott is a journalist who covered the state house for more than twenty-five years on behalf of various institutional media companies, including Salt Lake City's most prominent newspaper. The Legislature granted media credentials to Schott each year that he worked for these companies. But in 2025, after Schott left the newspaper and started his own independent news organization—Utah Political Watch—while continuing to report on state politics and legislature matters, the Legislature denied his credential application.</p></blockquote> <p>The court allowed Schott's case to go forward, concluding that "he plausibly alleged that the Legislature denied his application because of his news stories' viewpoints":</p> <p><span id="more-8391138"></span></p> <blockquote><p>Before addressing whether the speech at issue is protected by the First Amendment, we first consider the nature of the forum that Utah created under the media credentialing policy because it informs our analysis of the first prong. Schott alleges Utah's policy has created a limited public forum. Limited public forums are tangible or intangible spaces the government opens to "certain groups or for the discussion of certain topics." The Legislature asserts its policy is instead a nonpublic forum but acknowledges the difference between the two forums is immaterial because the legal standards are the same. A nonpublic forum is "where the government is acting as a proprietor, managing its internal operations."</p> <p>We need not decide between whether Utah's credentialing policy created a limited public forum versus a nonpublic forum. We resolve this appeal by concluding the policy formed one or the other because in either forum the legal standard is the same: In both limited public and nonpublic forums, speaker-based speech restrictions must be both viewpoint neutral and "reasonable in light of the purpose served by the forum &hellip;."</p> <p>The district court construed that at "the heart of [Schott's viewpoint discrimination] claims is an assertion of an unequivocal right to gather news." It cited our decision in <em>Smith v. Plati</em> (10th Cir. 2001) to conclude that "'there is no general First Amendment right of access to all sources of information within governmental control,' and the press does not have a 'special right of access to government information not available to the public.'" To dismiss Schott's claim that the policy denies him access equal to the rights of other credentialed media, the district court again relied on <em>Smith</em> to conclude that "the First Amendment does not encompass a right to 'resources &hellip; routinely given to other media &hellip;.'" &hellip;</p> <p>[But] Schott asserts neither a right to newsgathering nor a right of equal access to all information the Legislature provides other media. Rather, he alleges the Legislature blocked his access to a government-created forum because of his viewpoint. A right to such access is well-established&hellip;.</p> <p>Unlike Smith, who asserted a "right of access to news sources," Schott does not assert a broad right to newsgathering. And unlike Smith's mandamus claim for "equal access" to the same <em>information</em> that the University provided to other media members, Schott merely seeks access to a state-created <em>forum</em> under reasonable and viewpoint-neutral criteria. Further, in <em>Smith</em> we did not consider whether the University had created a government forum. <em>Smith v. Plati</em> is therefore inapt. Moreover, &hellip;[t]he Second, Seventh, Ninth, and D.C. Circuits have each concluded that if the government opens government property to the press, it cannot deny access to only some journalists based on their views&hellip;.</p> <p>Schott alleges the Legislature denied him a credential because of the critical views he expressed in his reporting on members of the Legislature&hellip;. On top of alleging that (1) legislative officials publicly and privately expressed their distaste and contempt for his reporting, Schott also alleges that (2) the Legislature applied the policy inconsistently by credentialing journalists from some blogs and independent media that are similar to UPW, but denying his application, and (3) the Legislature revised the policy to categorically exclude blogs and independent media right after it revoked his credential and he started UPW. These are not conclusory allegations. After crediting their veracity, we conclude it is plausible the Legislature denied Schott's credential application because of his views.</p> <p>[Earlier, the court offered this example of the "distaste and contempt for [Schott's] reporting," quoting a Tweet from the "Chief of Staff for the Utah House of Representatives" in response to Schott's "post 'poking a little fun' at legislative staffers who struggled to set up a backdrop":]</p> <p><img fetchpriority="high" decoding="async" class="alignnone size-full wp-image-8391139" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/UtahPoliticalWatchvMusselmanTweet.jpg" alt="" width="487" height="170" srcset="https://reason.com/wp-content/uploads/2026/06/UtahPoliticalWatchvMusselmanTweet.jpg 487w, https://reason.com/wp-content/uploads/2026/06/UtahPoliticalWatchvMusselmanTweet-300x105.jpg 300w" sizes="(max-width: 487px) 100vw, 487px" /></p> <p>To be sure, the Legislature contests many of Schott's allegations. But at the motion-to-dismiss stage, we accept Schott's factual assertions as true, and we do not consider the Legislature's factual arguments or its submitted evidence even if it appears to contradict Schott's allegations.</p> <p>To dispute Schott's allegations of inconsistent application, the Legislature explains <em>why</em> it granted credentials to other journalists that have similar editorial structures to UPW. For instance, the Legislature argues that even though Utah News Dispatch calls itself "independent" it is not "independent media" under the policy because it is affiliated with another media organization. The Legislature also argues that Schott's allegations that credential holders from Davis Journal and Utah Policy are self-edited like him, are insufficient because he did not allege supporting facts "concerning those entities' editorial structure, oversight, or practices."</p> <p>And finally, the Legislature contends the fact that it denied other "self-supervised applicant[s] like Schott" demonstrates it did not deny his application because of his views. But the Legislature is merely seeking to contradict Schott's factual allegations. Schott alleges the Legislature granted credentials to other journalists that are independent and self-edited—the truth of whether those comparators are <em>actually</em> "blogs" or "independent media" under the policy are factual questions not up for debate at the motion-to-dismiss stage&hellip;.</p></blockquote> <p>Judge Tymkovich also added a separate concurring opinion, suggesting what the district court might consider on remand when it deals with a facial viewpoint discrimination challenge to the credentialing policy:</p> <blockquote><p>[V]iewpoint covers more than an individual's particular thoughts and ideas on a given topic; it also covers his decision on "<em>how</em> best to speak" and express those ideas. For example, in <em>Matal v. Tam</em> the Supreme Court held the Lanham Act's bar on granting disparaging trademarks was viewpoint discrimination because "[g]iving offense is a viewpoint." "The First Amendment's viewpoint neutrality principle protects more than the right to identify with a particular side." "It protects the right to create and present arguments for particular positions <em>in particular ways</em>, as the speaker chooses." And when the exclusionary term of a government policy "distinguishes between two opposed sets of ideas," it "results in viewpoint-discriminatory application."</p> <p>The media credentialing policy's blanket exclusion of independent media appears to me to be viewpoint-based because it bars access based on a journalist's editorial choice to speak in an unedited and institutionally unaffiliated manner&hellip;. "One of the prerogatives of American citizenship is the right to criticize public men and measures—and that means not only informed and responsible criticism but <em>the freedom to speak foolishly and without moderation</em>." &hellip; This "independent" viewpoint is opposed to a moderated and corporately affiliated perspective and mode of speech. Thus, a journalist from an independent media organization communicates his ideas through his own unfiltered viewpoint by choosing not to be subject to anyone else's editorial control.</p> <p>Additionally, the policy's terms that exclude journalists from organizations that are not "reputable" and journalists that do not follow a code of "ethics" are strikingly similar to the Lanham Act's doomed "immoral or scandalous" criterion. <em>See </em><em>Iancu v. Brunetti </em>(2019) (noting "a typical definition" of the viewpoint-based term "scandalous" is "disreputable" and finding the restriction against "immoral"—<em>i.e.</em>, unethical—speech to be viewpoint-based). The Legislature's policy thus "distinguishes between two opposed sets of ideas: those aligned with conventional moral standards [(<em>i.e.</em>, a code of "ethics")] and those hostile to them; those inducing societal nods of approval [(<em>i.e.</em>, "reputable")] and those provoking offense and condemnation." "The [policy] favors the former, and disfavors the latter"—categorically placing independent media in the disfavored set of ideas. Under this distinction, the policy seemingly permits the government to act as the arbiter of whether a news organization's speech is reputable or ethical. That, however, would be something the government cannot do. <em>See </em><em>Iancu</em> (Alito, J., concurring) ("[A] law banning speech <em>deemed by government officials</em> to be 'immoral' or 'scandalous' can easily be exploited for illegitimate ends.").</p> <p>The Legislature nevertheless insists its policy is neutral because it merely imposes <em>speaker</em>-based restrictions and thus excludes disreputable and unethical speakers, not speech. But "[c]haracterizing a distinction as speaker based is only the beginning—not the end—of the inquiry." A speaker-based restriction is unconstitutional if "[i]n its practical operation" it engages in the "official suppression of ideas."</p> <p>I am skeptical that the Legislature's speaker-speech distinction holds up in practical application: For the Legislature to judge whether a speaker is "reputable" or "ethical," it must evaluate the speaker's <em>speech</em>. Is UPW disreputable because Schott does not have "an editor and is the final arbiter and executioner of his stories"; or is UPW disreputable because Schott's speech is unedited, unmoderated, and conveyed in a "stream of consciousness" manner? The Legislature's speaker-speech distinction seems to be one without a difference: A news organization is "reputable" <em>because</em> of its speech&hellip;.</p> <p>[Amici] persuasively argue that in enacting the Speech and Press Clauses, the Framers were concerned that the government might attempt to control the press—a term originally understood to protect what we might now call independent journalists&hellip;. <em>See</em> Eugene Volokh, <em>The Freedom of Speech and of the Press Clause, in</em> The Heritage Guide to the Constitution (3d ed. 2025) ("[T]he Free Press Clause &hellip; was enjoyed by <em>all</em> who used printing presses to communicate to the public at large&hellip;. Professional publishers and journalists were not seen as having any more constitutional rights than everyone else had.").</p> <p>For example, the history of the Press Clause shows that it created a "broad right [for] '<em>every citizen</em>' to publish his sentiments &hellip;, since at the time of the founding there were no professional journalists in the modern sense of the word." Michael W. McConnell, <em>Reconsidering Citizens United as a Press Clause Case</em>, 123 Yale L.J. 412 (2013).</p> <blockquote><p>The Federalist—written by three non-journalists and published in New York newspapers as occasional essays—is the most famous example, but there were hundreds of others. When the Founders spoke of the importance of "the press," they were not talking about professional news media, but about the printing press, meaning the ability of people to disseminate ideas easily and inexpensively to a broad public. The licensing of the press, which was the great evil against which the Amendment was directed, applied to books and pamphlets as much as to newspapers. Indeed, pamphlets were among the most important publications for the influencing of public opinion. Thomas Paine's Common Sense, which he self-published, is a famous example&hellip;. To confine freedom of the press to professional journalism &hellip; would require shrinking—"abridging"—the scope of the Clause, making its coverage narrower than at the time of the Framing.</p></blockquote> <p>And another scholar cites historical evidence to argue that viewpoint discrimination by the government <em>against all individuals</em> has always been disfavored. <em>See</em> Jud Campbell, <em>Natural Rights and the First Amendment</em>, 127 Yale L.J. 246 (2017) ("[T]he Founders widely thought that the freedom to make well-intentioned statements of one's views belonged to a subset of natural rights, known as 'unalienable' natural rights, that could not be restricted in promotion of the public good and thus fell outside legislative authority to curtail.")&hellip;.</p> <p>Amici also contend there is a long tradition in this country of allowing media access—free from government-determined, viewpoint-based access requirements—to legislative sessions. For example, in the First Congress, Representative Burke introduced a resolution to remove journalists from the House floor who allegedly "misrepresented" debates. Other congressional members sharply criticized Burke's proposal. <em>See, e.g.</em>, [Annals oc Cong.] (Representative Hartley described it as "an attack upon the liberty of the press"); <em>id.</em> (James Madison argued it was "improper to throw impediments in the way of such information as the House had hitherto permitted"). Burke withdrew his resolution, and ultimately, Congress concluded it was best to leave it to reporters themselves to determine "the admission of such persons as thought themselves qualified &hellip;." &hellip;</p></blockquote> <p>Charles Miller (Institute for Free Speech) and Robert P. Harrington (Kunzler Bean &amp; Adamson, PC) represent plaintiffs.</p><p>The post <a href="https://reason.com/volokh/2026/07/01/viewpoint-discrimination-challenge-to-utah-legislatures-media-credentialing-policy-can-go-forward/">Viewpoint Discrimination Challenge to Utah Legislature&#039;s Media Credentialing Policy Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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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: July 1, 1985			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/07/01/today-in-supreme-court-history-july-1-1985-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8338733</id>
		<updated>2025-07-09T17:15:37Z</updated>
		<published>2026-07-01T11:00:56Z</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[7/1/1985: Cleburne v. Cleburne Living Center, Inc. is decided. &#160;
The post Today in Supreme Court History: July 1, 1985 appeared first on Reason.com.
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					<content type="html" xml:base="https://reason.com/volokh/2026/07/01/today-in-supreme-court-history-july-1-1985-6/">
			<![CDATA[<p>7/1/1985: <a href="https://conlaw.us/case/cleburne-v-cleburne-living-center-1985/">Cleburne v. Cleburne Living Center, Inc.</a> is decided.</p>
<p><iframe title="&#x2696; "Heightened" Rational Basis Scrutiny | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/XlPf4LYlOF4?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>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/07/01/today-in-supreme-court-history-july-1-1985-6/">Today in Supreme Court History: July 1, 1985</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</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[
				Thin-Skinned Government Agents Threaten Yet Another Critic			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/07/01/thin-skinned-government-agents-threaten-yet-another-critic/" />
		<id>https://reason.com/?p=8391109</id>
		<updated>2026-06-30T21:19:41Z</updated>
		<published>2026-07-01T11:00:19Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Federal agents" /><category scheme="https://reason.com/latest/" term="Federal government" /><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="ICE" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Politicians who don’t like receiving nastygrams should quit government work.]]></summary>
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		<p>The Trump administration took office last year promising to reverse the speech-unfriendly policies of the Biden administration, which had pressured social media companies to censor inconvenient stories and ideas. The new White House, we were <a href="https://www.whitehouse.gov/presidential-actions/2025/01/restoring-freedom-of-speech-and-ending-federal-censorship/">promised</a>, would "ensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen." Efforts to keep that promise aren't going well, as we see from yet another incident of federal agents seeking to intimidate critics of government policies.</p>

<h1>Feds Strong-Arm Critics of the Administration</h1>
<p>Last week, two federal agents went to David Streever's home in Rochester, New York, to warn him over a strongly worded email he sent to then-Immigration and Customs Enforcement (ICE) interim director Todd Lyons, <a href="https://www.syracuse.com/news/2026/06/another-ice-threat-visit-how-did-agents-track-down-this-critic-on-his-vacation.html">according</a> to Michelle Breidenbach of the<em> Post-Standard</em>.</p>
<p>As such missives often do, Streever's email evokes the Nazis, telling Lyons: "You are a monstrous human being and will go down in history as America's Reinhard Heydrich, the butcher." It goes on to excoriate him over the protesters killed by federal agents in Minnesota and predicts, "you will torment yourself until your last day on Earth."</p>
<p>The email is harsh. But at no point is it threatening. It's the sort of message that public figures of all sorts receive and discard every day. Except that federal officials seem to be emulating the thin-skinned current president's attitude towards criticism.</p>
<p>Earlier this week, <em>Reason</em>'s Reem Ibrahim <a href="https://reason.com/2026/06/29/ice-warns-syracuse-poll-worker-to-delete-a-political-instagram-post/">covered</a> a similar warning that ICE agents issued Paigelynne Gonyea, also of Syracuse. ICE's <a href="https://www.fire.org/sites/default/files/styles/833xy/public/2026/06/Screenshot%202026-06-25%20at%205.01.53%E2%80%AFPM.png.webp?itok=LvjihMNL">warning letter</a> informed her that "it is unlawful to threaten to assault, kidnap, and/or murder a federal official" and it is likewise illegal to publicize "restricted personal information about a covered person" with the intent to threaten or intimidate.</p>
<p>But the <a href="https://www.instagram.com/p/DTQ1FYDkyua/">Instagram post</a> Gonyea believes ICE objects to, and which they demanded she delete, reads: "BREAKING: The ICE agent who shot and killed Renee Good in broad daylight has been identified as Jonathan Ross by the Minnesota Star Tribune. I think today is a great day for Jonathan to be indicted!"</p>
<p>Again, the message contains no threats. And the only personal information is the name of Jonathan Ross, which is perfectly legal to reveal in any case and became a matter of public record when it was <a href="https://www.startribune.com/ice-agent-who-fatally-shot-woman-in-minneapolis-is-identified/601560214">published months ago</a> by the <em>Minneapolis Star-Tribune</em>.</p>
<p>"Free speech is the bedrock of a free society, and the First Amendment squarely prohibits ICE agents from intimidating Americans for nothing more than repeating information from a newspaper report," <a href="https://www.fire.org/news/statement-ice-tracked-down-new-york-woman-who-posted-information-she-saw-newspaper-why-her">commented</a> Adam Steinbaugh, senior attorney for the Foundation for Individual Rights and Expression (FIRE).</p>
<h1>Thin-Skinned Trump Officials Are Acting Awfully European</h1>
<p>But if the ability to criticize government officials is an expression of bedrock American values, Trump administration agencies dispatching agents to roust people who send nastygrams to federal officials has a precedent, too—just not one well-founded in <em>this</em> country.</p>
<p>France's "President Emmanuel Macron has initiated legal proceedings against people who have mocked him as a Hitler-like figure," pointed out Jacob Mchangama, executive director of Vanderbilt University's Future of Free Speech think tank, in a <a href="https://www.foreignaffairs.com/reviews/who-has-free-speech-jacob-mchangama">November 2025 column</a>. "Trump is not improvising a uniquely American abuse of power; he is copying elements of the European playbook."</p>
<p>The irony is that President Donald Trump entered office vowing not just to reverse the Biden administration's hostility to free speech, but also to <a href="https://www.axios.com/2025/12/24/trump-immigration-us-state-department-visa-ban-european-tech">battle the creeping censorship</a> imposed by Europe's increasingly authoritarian governments. The U.S. is right to oppose Europe over speech policies, Mchangama emphasizes. But when Trump administration officials are themselves the targets of harsh words, they behave not like tough American free speech warriors, but like pissy little Frenchmen who look to mommy state to punish mean people.</p>
<p>The most obvious example of the current president's thin skin and his desire to muzzle his critics is his repeated calls to strip broadcasters he believes have been unfair to him of their licenses.</p>
<p>"Despite a very high popularity and, according to many, among the greatest 8 months in Presidential History, ABC &amp; NBC FAKE NEWS, two of the worst and most biased networks in history, give me 97% BAD STORIES," Trump <a href="https://truthsocial.com/@realDonaldTrump/posts/115086929873163909">complained last year</a>. "IF THAT IS THE CASE, THEY ARE SIMPLY AN ARM OF THE DEMOCRAT PARTY AND SHOULD, ACCORDING TO MANY, HAVE THEIR LICENSES REVOKED BY THE FCC. I would be totally in favor of that because they are so biased and untruthful, an actual threat to our Democracy!!!"</p>
<h1>Abolish the FCC and Rein In Government Agents</h1>
<p>Since then, the Federal Communications Commission (FCC) has <a href="https://www.cnn.com/2026/04/28/media/fcc-kimmel-disney-abc-trump-licenses">moved to review ABC's station licenses</a>. Frankly, FCC head Brendan Carr's <a href="https://www.nytimes.com/2025/09/17/business/media/abc-jimmy-kimmel.html">open hostility</a> to media outlets that criticize the administration is an ongoing advertisement for stripping the government of broadcast licensing power.</p>
<p>"Recent presidents have not used the FCC as abusively as FDR, JFK, and LBJ did. But the danger remained, and Trump is now exploiting it," George Mason University law professor Ilya Somin <a href="https://reason.com/volokh/2025/09/18/abolish-the-fcc/">commented</a> last year. "The FCC should be abolished."</p>
<p>Short of that, "the First Amendment continues to function as a critical obstacle to Trump's ability to fully implement his most censorious policies," as Mchangama points out. America's constitutional protections for free speech thwart a president who once championed their value just as they stood in the way of his authoritarian predecessors.</p>
<p>But it's dangerous when government agents show up on people's doorsteps to issue bogus warnings over nonexistent transgressions to people who have done nothing but exercise their right to criticize the powerful. Not everybody has Paigelynne Gonyea's determination to keep her post up and tell the agents to get lost. We may never know how many people succumb to pressure and quietly delete strongly worded posts or decide to never again voice their objections to government policy.</p>
<p>Federal agents should be punished for trying to intimidate people who publish or send disapproving messages about government officials and their policies.</p>
<p>Not every criticism directed at government officials is brilliantly written or well-considered. Nevertheless, people have the right to voice them so long as they avoid explicit threats. Officials who don't like receiving harsh messages do have one legitimate recourse beyond simply suffering nastygrams. If it's too much for them to tolerate, they can always quit and take honest jobs in the private sector.</p>
<p>The post <a href="https://reason.com/2026/07/01/thin-skinned-government-agents-threaten-yet-another-critic/">Thin-Skinned Government Agents Threaten Yet Another Critic</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Law enforcement on the other side of front door peephole]]></media:description>
		<media:title><![CDATA[NY-ICE-Agent-Hunt-v3]]></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: London Calling			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/07/01/brickbat-london-calling/" />
		<id>https://reason.com/?p=8390810</id>
		<updated>2026-06-29T23:16:19Z</updated>
		<published>2026-07-01T08:00:44Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="England" /><category scheme="https://reason.com/latest/" term="Europe" /><category scheme="https://reason.com/latest/" term="London" /><category scheme="https://reason.com/latest/" term="Mayor" /><category scheme="https://reason.com/latest/" term="Sadiq Khan" />		<summary type="html"><![CDATA[Mayor Sadiq Khan of London, England, plans to spend £7 million ($9.3 million) on an international campaign to fight what&#8230;
The post Brickbat: London Calling appeared first on Reason.com.
]]></summary>
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		<p>Mayor Sadiq Khan of London, England, <a href="https://www.bbc.com/news/articles/c5yz20qev7zo">plans to spend</a> £7 million ($9.3 million) on an international campaign to fight what he says are online lies about the city. A recent report found that posts on social media claiming London is dangerous have jumped nearly 200 percent in two years. Starting in September, the new campaign will target the U.S., Europe, and Asia with positive messages about London's history, culture, creativity, and economy. Critics, including conservative politicians, argue Khan should focus on fixing real problems, like crime, instead of just promoting a better image.</p>
<p>The post <a href="https://reason.com/2026/07/01/brickbat-london-calling/">Brickbat: London Calling</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Justin Ng/Avalon/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[London, England, Mayor Sadiq Khan]]></media:description>
		<media:title><![CDATA[sadiq-khan]]></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/2026/07/01/open-thread-252/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391119</id>
		<updated>2026-07-01T07:00:00Z</updated>
		<published>2026-07-01T07:00:00Z</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/2026/07/01/open-thread-252/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/07/01/open-thread-252/">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[
				Edited Version of Trump v. Slaughter			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/07/01/edited-version-of-trump-v-slaughter/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391181</id>
		<updated>2026-07-01T04:28:31Z</updated>
		<published>2026-07-01T04:28:31Z</published>
					<summary type="html"><![CDATA[108 pages reduced to 31 pages.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/07/01/edited-version-of-trump-v-slaughter/">
			<![CDATA[<p>The Fifth Edition of the Barnett/Blackman casebook will be published circa December 2026 for adoption in the Spring 2027 semester. We worked out an arrangement with our publisher to finalize several chapters immediately after the term ends.</p>
<p>First, we are incorporating <em>Hemani </em>and <em>Wolford</em> into the Second Amendment chapter. We already shortened <em>Heller</em>, and the excerpt from <em>Bruen</em> will likely shrink. It is regrettable the Court will not decide the AR-15 case until our book is in print.</p>
<p>The chapter on sex discrimination was waiting for <em>B.P.J.</em> <em>v. West Virginia</em>. That case follows neatly from <em>Skrmetti</em> and <em>Mahmoud</em>. Indeed, <em>Frontiero</em> and <em>Craig v. Boren</em> seem quaint and a bit outdated.</p>
<p>We are still figuring out exactly how to use the birthright citizenship case. It doesn't neatly fit in any existing chapter. Maybe we just add it to the end of the chapter on the Reconstruction Amendments?</p>
<p>Finally, <em>Trump v. Slaughter</em> will drastically change the separation of powers chapter. We did not include <em>Meyers </em>or <em>Humphrey's Executor</em>. I don't see much reason to add either case now. Our excerpt of <em>Seila Law</em> probably drops altogether. It was just a pit stop on the Chief's "long game." Our excerpt of <em>Morrison v. Olson</em> will shrink, with most of the cuts coming from Rehnquist's majority opinion. The Scalia dissent will remain.</p>
<p>For those interested, I've finished editing <em>Slaughter</em>. You can download the file <a href="https://reason.com/wp-content/uploads/2026/07/Trump-Slaughter.pdf">here</a>. The 108 page opinion is reduced to about 31 pages. These sorts of cuts are always tough, and your mileage may vary. Next up, <em>B.P.J.</em>, and then <em>Barbara</em>.</p>
<p>The post <a href="https://reason.com/volokh/2026/07/01/edited-version-of-trump-v-slaughter/">Edited Version of &lt;i&gt;Trump v. Slaughter&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>Steven Calabresi</name>
							<uri>https://reason.com/people/steven-calabresi/</uri>
					</author>
					<title type="html"><![CDATA[
				Two Cheers for Chief Justice Roberts on the Unitary Executive			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/07/01/two-cheers-for-chief-justice-roberts-on-the-unitary-executive/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391178</id>
		<updated>2026-07-01T04:26:52Z</updated>
		<published>2026-07-01T04:12:56Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" />		<summary type="html"><![CDATA[Trump v. Slaughter is a big win; Trump v. Cook is embarrassing given the posture of the case as explained in the dissents.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/07/01/two-cheers-for-chief-justice-roberts-on-the-unitary-executive/">
			<![CDATA[<p>Chief Justice John Roberts wrote the most consequential and important majority opinion of his tenure as Chief Justice today in <em>Trump v. Slaughter</em>. In a 6 to 3 decision, the Supreme Court correctly overruled its 91-year-old precedent in <em>Humphrey's Executor v. United States</em> (1935), consigning that erroneous nine-page opinion to the ashbin of history. I had argued for this outcome in an <a href="https://www.supremecourt.gov/DocketPDF/25/25-332/379982/20251017170403435_No.%2025-332_Amici%20Brief.pdf">amicus brief</a> co-signed with Attorneys General Ed Meese and Michael Mukasey that sets out our thoughts on the case in far more detail than I am going to discuss in this blog post.</p>
<p>The highlights of Chief Justice Roberts' opinion:</p>
<ol>
<li>It cleanly overruled the dreadful <em>Humphrey's Executor</em> opinion instead of obliquely distinguishing it out existence, as the Court has done with some other flat-out wrong precedents like <em>Flast v. Cohen</em>.</li>
<li>It was a triumph of originalism and textualism over the so-called pragmatism offered by the three dissenters.</li>
<li>It correctly read the Vesting Clause of Article II as a grant of the removal power and of the power to execute the law rather than as being a mere designation of the President's title as some have argued.</li>
<li>It rightly endorsed Chief Justice William Howard Taft's account of the Decision of 1789 in <em>Myers v. United States</em>—an opinion in which Taft correctly argued that the Decision of 1789 stood as an endorsement by the First Congress of the theory of the unitary executive.</li>
<li>It made clear that the President must control all exercises of the executive power—a conclusion that causes me to hope that today's holding will also control the removal of inferior officers and employees exercising executive power, even if they were appointed by the Head of a Department.</li>
<li>It recognized that our first seven presidents, George Washington, John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, and Andrew Jackson, had all been believers in the theory of the unitary executive, by which I mean only that the President has the power to remove at will anyone who is exercising executive power.</li>
<li>It construed the Opinion in Writing Clause correctly as an aid to the president's power to control the executive branch and not as marking the outer limit of the President's power over the executive branch.</li>
<li>It correctly dismissed the argument that the so-called Sinking Fund Commission established in 1790 showed the President lacks unlimited removal power because the President could always terminate the power of the Chief Justice and the Vice President to act on the Sinking Fund even though the President cannot fire the Chief Justice and the Vice President from their day jobs.</li>
<li>It discussed <em>Morrison v. Olson</em> (1988) in a fashion that renders that erroneous opinion just as dead as is <em>Humphrey's Executor</em>.</li>
<li>It made clear that the President needs to have an unlimited power to remove at will principal and superior officers who are exercising executive power.</li>
</ol>
<p>(Roberts' opinion also began nicely with citations to the legendary historian Gordon S. Wood, who tragically died in a traffic accident on June 5, 2026, at the age of 92, and who did so much to shed light on the original understanding of the Framers of the Constitution.)</p>
<p><span id="more-8391178"></span></p>
<p>To better understand this analysis, and the rest of the post, let's recall the definitions of a few key terms:</p>
<ul>
<li>A principal officer is a Senate-confirmed Head of a Department whose opinion in writing can be compelled to be given and who, under the Twenty-Fifth Amendment, can (together with the Vice President) declare that the President is temporarily unable to discharge the duties of his office.</li>
<li>A superior officer, in contrast, is a Deputy or Assistant Cabinet Secretary, an ambassador, a U.S. Attorney, or an Article III federal judge, who must be appointed by the President by and with the consent of the Senate, but who plays no role under the Twenty-Fifth Amendment in declaring presidents to be incompetent.</li>
<li>Inferior officers may be appointed by the President with the consent of the Senate, but Congress may also by statute provide that they can be appointed by the President alone, the Heads of Departments, or the Courts of Law. They must have a boss who supervises their work and who can fire them at will, <em>Free Enterprise Fund v. PCAOB </em>(2010);<em> Edmond v. United States</em> (1997) (Scalia, J.), and they must perform a job that is sufficiently unimportant so that Senate confirmation is not necessary. <em>Edmond v. United States </em>(1997) (Souter, J., concurring); <em>Trump v. United States</em> (S.D. Fla. 2024) (opinion of Judge Aileen Cannon finding that federal special counsel Jack Smith exercised much more power over defendant Donald Trump than would have a U.S. Attorney who would have been Senate-confirmed).</li>
</ul>
<p>Chief Justice Roberts' opinion in <em>Trump v. Slaughter</em> could have made other arguments for presidential removal power over principal and superior officers: The Chief Justice could have, for instance, told the stories of the rise and fall of the Tenure of Office Act (1867-1887) or of the rise and fall of the independent counsels appointed under the Ethics in Government Act (1978-1999) as cautionary tales about the evils that can happen when presidential removal power at will is curtailed. But there was no real need for him to do so.</p>
<p>Chief Justice Roberts could also have discussed the 219 years of American history from 1789 to 2008 during which every single president from George Washington up through George W. Bush resisted congressional efforts to nurture the headless fourth branch of government, which <em>Humphrey's Executor</em> (1935) had created, see Steven G. Calabresi &amp; Christopher S. Yoo, <em>The Unitary Executive: Presidential Power from Washington to Bush</em> (2008). But again, with text and original public meaning on his side, there was no real need to delve into the 219 years of presidential resistance to congressional efforts to limit the President's removal power.</p>
<p>Finally, Chief Justice Roberts could have addressed policy arguments for presidential removal power such as those made in Steven G. Calabresi, <em>Some Normative Arguments for the Unitary Executive</em>, 48 Arkansas L. Rev. 23 (1985), or in Steven G. Calabresi &amp; Nicholas Terrell, <em>The Fatally Flawed Theory of the Unbundled Executive, </em>93 Minnesota L. Rev. 1696 (2009). But, policy arguments, like arguments about 219 years of presidential past practice, should play no role at all in constitutional interpretation when the original public meaning of the constitutional text is clear, as it is here. Steven G. Calabresi &amp; Saikrishna Bangalore Prakash, <em>The President's Power to Execute the Law</em>, 104 Yale L.J. 541 (1994). I said in 1994 that text and original public meaning were all that was required to resolve the question of the constitutionality of the headless fourth branch, and I still think that was right. I am pleased that Chief Justice Roberts agrees.</p>
<p>Like Chief Justice Roberts and Justice Kavanaugh, I think the two areas where unlimited presidential removal power becomes problematic are (1) with respect to non-Article III judges such as Administrative Law Judges and those on the Claims Court and (2) with respect to officers who control the money supply.</p>
<p>As to the former, I think the Supreme Court should require that legislative court judges who decide cases where rights to life, liberty, or property are at stake must be given tenure during "good behaviour" as Article III commands. As to legislative court judges who decide public benefits cases like social security disability benefit entitlements, I think there is no constitutional problem with such judges being removable at will by the President.</p>
<p>As to officers who control the money supply, records from countries all over the world make it clear that such officers must be independent from political interference, subject to the caveat that there really are rare moments in history like the Great Depression of 1932 or the Great Recession of 2008 when it is essential that interest rates be dropped to zero and that an inflationary monetary policy must be followed. We thus today applaud the fact that President Franklin D. Roosevelt responded to Herbert Hoover's deflationary monetary policy by enacting Executive Order 6102, on April 5, 1933, forbidding "the hoarding of gold coin, gold bullion, and gold certificates within the United States." This necessary inflationary measure, supplemented by the Gold Reserve Act of 1934, which devalued the dollar by reducing the amount of gold required to back U.S. currency, was essential in pulling the U.S. out of the devastating deflation that former President Herbert Hoover's excessively tight monetary policy had inflicted on the nation, as even free market economists like Milton Friedman have long recognized.</p>
<p>The same thing happened again with the deflation caused by the Great Recession of 2008, which President Obama and Federal Reserve Board Chairman, Ben Bernanke—a student of the Great Depression—faced at the start of President Obama's presidency. Fortunately, Ben Bernanke, a George W. Bush holdover, had written his Ph.D. dissertation on the deflationary policies that had led to the Great Depression of the 1930's. Bernanke thus agreed with President Obama to drop interest rates to almost zero in January 2009 and to inflate the currency. As a result, the U.S. government pulled the country out of the Great Recession of 2008 much faster and more completely than did the European and Japanese governments.</p>
<p>This suggests to me that staggered terms on the Federal Reserve Board with each president making some, but not all appointments, is the best way to structure the Federal Reserve Board by allowing some political inputs while preventing reckless presidents from inflating the money supply to win elections. Staggered terms on an independent Federal Reserve Board with officials being removable only for cause is "necessary and proper for carrying into execution Congress's power of the purse." One should note here for centuries in England the King was said to have the Power of the Sword while Parliament held the Power of the Purse. Control over the money supply is really a congressional and not an executive prerogative and that has always been the case.</p>
<p>An exception to unlimited presidential removal power makes sense with respect only to the Federal Reserve Board's role in controlling the money supply. The modern Federal Reserve Board does a lot of things like regulation of banking as to which at-will presidential removal power makes constitutional sense. It will thus be necessary in evaluating the constitutionality of removal limits as to the Federal Reserve Board to unpack the many things that institution does, which I do not claim to be an expert on.</p>
<p>This brings me to <em>Trump v. Cook </em>(2026)—the companion removal power, unitary executive case which Chief Justice Roberts decided in addition to <em>Trump v. Slaughter</em> on June 29, 2026. Members of the Federal Reserve board can only be removed <em>for cause</em>. Federal Reserve Board Member, Lisa Cook, an appointee of former President Biden was removed for cause by President Trump based on his conclusion that she swore under penalty of perjury on a mortgage application that she would use a home she was buying in Michigan as her principal residence and then three weeks later swore that a home that she was buying in another state would be her principal place of residence.</p>
<p>Fraud would certainly be cause for presidential removal of a Federal Reserve Board Commissioner, if it actually occurred, which Cook disputed. No factual hearing has yet been held on this matter. The lower federal courts ordered that Cook be reinstated, and the Trump Administration appealed to the Supreme Court for a stay on the order of reinstatement. The Trump Administration specified in its pleadings in Cook's removal case that it was not challenging the constitutionality of the for-cause limit on the President's power to remove Cook from her position as a Governor on the Federal Reserve Board.</p>
<p>Surprisingly, Chief Justice Roberts and Justice Kavanaugh joined the three Democrats on the Supreme Court in denying President Trump's request for a stay on reinstating Cook. Justices Thomas, Alito, Gorsuch, and Barrett all wrote compelling dissents. <em>No federal court has ever in 237 years of American history ordered that a federal officer who had been fired be reinstated. </em>In<em> Humphrey's Executor </em>and in<em> Wiener v. United States </em>(1958), the Supreme Court argued that officers of the headless fourth branch of the government be given backpay when they were removed before their terms ran out. Humphrey was dead so reinstatement was impossible, and Wiener did not seek reinstatement either. The Due Process Clause of the Fifth Amendment protected Humphrey's and Wiener's right to backpay but not their right to hold an office. Moreover, mortgage fraud is a permissible for-cause reason for President Trump's removal of Cook, so long Cook is able to collect backpay if the Claims Court rules that she was improperly removed.</p>
<p>As Justice Thomas pointed out, the statute setting up the Federal Reserve Board creates no cause of action for a fired employee to bring a lawsuit, and the Supreme Court has over the last 40 years cut way back on the implying of causes of action to sue. In addition, the Administrative Procedure Act did not provide a cause of action to sue here. Chief Justice Roberts and Justice Kavanaugh wrote opinions implying that President Trump was trying to indirectly challenge the constitutionality of the for-cause removal limit, which Congress has put in place to protect members of the Federal Reserve Board. But the government in its pleadings had explicitly waived that issue and was arguing only that Lisa Cook should not be reinstated prior to some factfinding that she was innocent of the accusation that she had committed mortgage fraud.</p>
<p>The Court should have remanded Lisa Cook's case to the trial court so that she could pursue whatever legal relief was available to her. At a minimum, I would assume that Lisa Cook would have had standing to sue for her salary in the Claims Court with a statutory right of appeal to the Federal Circuit and from there back to the Supreme Court. The Claims Court could then have held a full factual hearing and come to some conclusion as to whether Lisa Cook had or had not committed mortgage fraud. The one outcome that does not make sense is for five unelected, life-tenured Supreme Court justices to put Lisa Cook back in control (to some limited degree) of the nation's money supply when the elected President of the United States has concluded that she was guilty of mortgage fraud.</p>
<p>So why did Chief Justice Roberts and Justice Kavanaugh join the Court's three Democrat-appointed Justices in reinstating Lisa Cook? My conjecture is that they wanted to look "evenhanded" in their treatment of President Trump. President Trump, they had held, had acted constitutionally in firing Slaughter as a Federal Trade Commissioner. Roberts and Kavanaugh wanted to even things out by holding that Trump had acted illegally in removing Cook even though that was not true.</p>
<p>But in doing so, they violated the rule of law. Splitting the baby and not following the law to make the Court look good only sullies the reputation of those who engage in it. And it's a shame that Roberts has this particular character flaw—because when he is at his best, as in <em>Trump v. Slaughter</em>, he can be as good as John Marshall.</p>
<p>The post <a href="https://reason.com/volokh/2026/07/01/two-cheers-for-chief-justice-roberts-on-the-unitary-executive/">Two Cheers for Chief Justice Roberts on the Unitary Executive</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/07/01/neil-gorsuch-urges-scotus-to-correct-2-wrong-turns-that-undermined-civil-liberties/" />
		<id>https://reason.com/?p=8390911</id>
		<updated>2026-06-30T15:55:16Z</updated>
		<published>2026-07-01T04:01:04Z</published>
			<category scheme="https://reason.com/latest/" term="Cellphones" /><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="Juries" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Warrants" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Neil Gorsuch" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Prosecutors" /><category scheme="https://reason.com/latest/" term="Search and Seizure" /><category scheme="https://reason.com/latest/" term="Sixth Amendment" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/07/01/neil-gorsuch-urges-scotus-to-correct-2-wrong-turns-that-undermined-civil-liberties/">
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										alt="Supreme Court Justice Neil Gorsuch | Jay Godwin/Wikimedia Commons"
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		<p>Two weeks ago, the Supreme Court <a href="https://reason.com/2026/06/19/a-supreme-court-decision-restricting-appeal-waivers-underlines-the-injustice-of-coercive-plea-bargaining/">ruled</a> that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice." This week, the Court <a href="https://reason.com/2026/06/29/in-big-win-for-fourth-amendment-advocates-the-supreme-court-says-geofence-warrants-count-as-a-search/">held</a> that a government-ordered analysis of cellphone location data qualifies as a "search" under the Fourth Amendment.</p>
<p>In both cases, Justice Neil Gorsuch agreed with the result but wrote separately to highlight deeper issues that the majority did not address: the Supreme Court's endorsement of <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep404/usrep404257/usrep404257.pdf">coercive plea bargaining</a> and its embrace of <a href="https://reason.com/2026/04/29/a-scotus-case-exposes-the-dangers-of-2-misguided-fourth-amendment-doctrines/">two dubious Fourth Amendment doctrines</a>. Gorsuch's opinions, which criticize precedents that have undermined civil liberties, illustrate his <a href="https://reason.com/2019/11/16/but-gorsuch/">talent</a> for identifying wrong turns that his colleagues are not yet ready to acknowledge.</p>
<p>The <a href="https://www.supremecourt.gov/opinions/25pdf/24-1063_5ifl.pdf">first case</a> involved Munson P. Hunter III, who was sentenced to four years in federal prison after pleading guilty to one count of aiding and abetting wire fraud. His sentence also included a requirement that he undergo psychiatric treatment after his release and "take all mental health medications" prescribed for him.</p>
<p>Hunter objected to the latter condition, saying it violated his "constitutionally protected liberty interest in avoiding the unwanted administration of antipsychotic drugs." But the U.S. Court of Appeals for the 5th Circuit <a href="https://cases.justia.com/federal/appellate-courts/ca5/24-20211/24-20211-2024-12-06.pdf">said</a> he was not allowed to raise that issue because he had given up his right to contest any aspect of his sentence, as federal defendants <a href="https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1269&amp;context=dlj">usually do</a> when they plead guilty.</p>
<p>The Supreme Court disagreed, saying Hunter should be allowed to argue that forced medication qualifies as a "miscarriage of justice" because it is unconstitutional. Gorsuch <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf#page=42">concurred</a>, noting that an appeal waiver can hardly be considered "knowing and voluntary" when the defendant does not yet know the details of his sentence.</p>
<p>Gorsuch went further, emphasizing that the appeal-waiver issue is just one facet of a broader problem. "In our times, the jury trial has given way to a conveyor belt of plea bargains," he wrote, noting that <a href="https://scholarship.law.duke.edu/dlj/vol62/iss2/3/">about 95 percent</a> of felony convictions in the U.S. are based on guilty pleas, typically obtained under the threat of <a href="https://www.cato.org/blog/trial-penalty">additional punishment</a> for defendants who insist on exercising their Sixth Amendment rights.</p>
<p>That situation would have dismayed the Founders, who <a href="https://www.wvaj.org/?pg=TrialbyJuryAmericanRevolution">viewed</a> trial by jury as an essential safeguard against tyranny. Yet "when confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals," Gorsuch noted, "the Court has often condoned those practices or let them pass in silence."</p>
<p>The <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf">second case</a> involved a Virginia bank robbery investigation in which police used a "geofence" warrant to identify the perpetrator by requiring Google to search customer data collected by its Location History feature, which tracks the whereabouts of cellphone users. Such records, Gorsuch <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf#page=42">argued</a>, qualify as "effects" protected by the Fourth Amendment.</p>
<p>Instead of taking that property rights approach, the majority asked whether cellphone users have a "reasonable expectation of privacy" in their location histories. That Fourth Amendment test, which the Court <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep389/usrep389347/usrep389347.pdf">invented</a> in 1967, "has no basis in the Constitution's text or history," Gorsuch complained, and it has never been clear how courts should determine when an "expectation of privacy" is "reasonable."</p>
<p>The Court compounded the uncertainty in 1976, when it <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep425/usrep425435/usrep425435.pdf">announced</a> that Americans do <em>not</em> have a reasonable expectation of privacy when they voluntarily share information with third parties. Although that <a href="https://ij.org/issues/ijs-project-on-the-4th-amendment/third-party-doctrine/">doctrine</a> would seem to exclude records stored by tech companies like Google from the Fourth Amendment's protection, the majority in the geofence case rebelled at that implication.</p>
<p>Given the huge amount of sensitive information that Americans routinely store on third-party servers, that reaction is understandable. But like a similar <a href="https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf">2018 decision</a> dealing with location data collected by cell sites, this one seems inconsistent with the Court's precedents.</p>
<p>Gorsuch thinks the Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice. He also thinks the Court should reconsider its <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep434/usrep434357/usrep434357.pdf">blasé attitude</a> toward coercive plea bargaining.</p>
<p>When the justices make mistakes, correcting them is a slow, uncertain process. But it begins with opinions like these.</p>
<p><strong>© Copyright 2026 by Creators Syndicate Inc.</strong></p>
<p>The post <a href="https://reason.com/2026/07/01/neil-gorsuch-urges-scotus-to-correct-2-wrong-turns-that-undermined-civil-liberties/">Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Jay Godwin/Wikimedia Commons]]></media:credit>
		<media:description type="html"><![CDATA[Supreme Court Justice Neil Gorsuch]]></media:description>
		<media:title><![CDATA[Justice_Neil_Gorsuch_2019]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Justice_Neil_Gorsuch_2019-1200x675.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[
				How Did Justice Sotomayor Assign Dissents in 6-3 Cases This Term?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/how-did-justice-sotomayor-assign-dissents-in-6-3-cases-this-term/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391114</id>
		<updated>2026-07-01T03:41:11Z</updated>
		<published>2026-07-01T03:41:11Z</published>
					<summary type="html"><![CDATA[It strikes me as odd that Justice Kagan did not write the Slaughter dissent.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/how-did-justice-sotomayor-assign-dissents-in-6-3-cases-this-term/">
			<![CDATA[<p>One of the perks of seniority the power to assign opinions. But with Chief Justice Roberts being in the majority more than 90% of the time, there are few opinions assigned by Justice Thomas or anyone else. Justice Sotomayor, who is number four in terms of seniority, has only assigned a handful of majority opinions. Since Justice Breyer's retirement, Justice Sotomayor now has the power to assign the dissents in cases that split 6-3. This term, Sotomayor made a number of such authorships. Who did she pick?</p>
<p>Justice Sotomayor kept the dissents for herself in <em>West Virginia v.</em> <em>B.P.J.</em>, <em>Trump v. Slaughter</em>, and <em>Allen v. Milligan</em>.</p>
<p>Justice Sotomayor assigned the dissents to Justice Kagan in <em>Mullin v. Doe</em>, <em>NRSC v. FEC</em>, <em>Wolford v. Lopez</em>, <em>Exxon Mobile v. Climex</em>, and <em>Louisiana v.</em> <em>Callais</em>.</p>
<p>Justice Sotomayor assigned the dissent to Justice Jackson in <em>Mullin v. Al Otro Lado</em>, <em>Landor v. Louisiana Department of Corrections</em>, and <em>Blanch v. Lau</em>.</p>
<p>(Let me know if I missed any.)</p>
<p>It strikes me as odd that Justice Kagan did not write the <em>Slaughter</em> dissent. Justice Kagan's dissent in<em> Seila Law</em> is probably her most important opinion of all time. Sotomayor's <em>Slaughter</em> dissent repeatedly calls back to <em>Seila Law</em>.<em>Slaughter</em> and <em>NRSC</em> were both argued in December. Sotomayor made the choice to keep <em>Slaughter</em> for herself and giving Kagan <em>NRSC</em>.</p>
<p>I would have loved to read a Kagan dissent in <em>Slaughter</em>. Sotomayor's dissent was, well, lacking in punch. I often write about the best writers on the Court, but I usually don't rank the bottom of the pack. Breezing through a witty Kagan dissent is a joy. Slogging through a dense Sotomayor dissent feels like a chore.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/how-did-justice-sotomayor-assign-dissents-in-6-3-cases-this-term/">How Did Justice Sotomayor Assign Dissents in 6-3 Cases This Term?</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[
				Nina Totenberg Sincerely Apologizes For An Inexplicable Error			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/nina-totenberg-sincerely-apologizes-for-an-inexplicable-error/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391170</id>
		<updated>2026-07-01T02:56:02Z</updated>
		<published>2026-07-01T02:56:02Z</published>
					<summary type="html"><![CDATA[This is just the latest in a series of questionable judgments that Totenberg has made over the years. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/nina-totenberg-sincerely-apologizes-for-an-inexplicable-error/">
			<![CDATA[<p>Nina Totenberg, to her credit, took all the blame for the Alito retirement story. She also offered a <a href="https://www.npr.org/transcripts/nx-s1-5876268">sincere apology</a>, which I respect. Still, her error is inexplicable. Here is how the NPR <a href="https://www.npr.org/sections/npr-public-editor/2026/06/30/g-s1-131107/npr-retracts-story-about-alito-retirement">Public Editor</a> described the incident:</p>
<blockquote><p>Totenberg was reporting on the final day of the Supreme Court session on Tuesday. As she was leaving the court, Chief Justice John Roberts was announcing upcoming retirements. Totenberg wondered why everyone else wasn't leaving and asked someone outside the court. According to her interview that same day on <a href="https://www.npr.org/2026/06/30/nx-s1-5876268/npr-discusses-error-in-reporting-on-the-last-day-of-the-supreme-court-term" target="_blank" rel="noopener"><em>All Things Considered</em></a><em>,</em> Totenberg asked a bystander what was going on, and the person replied "retirement announcements." But Totenberg heard the reply in the singular, "announcement, " and assumed it was the notice that Alito was retiring.</p></blockquote>
<p>Let me set the stage a bit. On the last day of each term, after all the opinions are announced, the Chief Justice announces retirements of Court employees. But it is not the practice for a Justice to announce his or retirement on the last day. I think the last person to do that was Justice Thurgood Marshall, as Totenberg <a href="https://www.npr.org/1991/06/28/1534728/thurgood-marshall-retires-from-supreme-court">reported in 1991</a>.</p>
<p>There was no conceivable way that Justice Alito would let the Chief Justice make that announcement from the bench, with no advance warning, with all the public present. Alito is extremely introverted. If he retired, it would be done quietly, outside the gaze of Totenberg and her colleagues. Yet Totenberg thought that a court employee meant to signal there was one singular retirement as a way of saying Alito was stepping down? As if Totenberg was getting a secret signal? That story does not plausibly pass the smell test.</p>
<p>NPR Executive Editor Krishnadev Calamur believed Nina because of her legendary status:</p>
<blockquote><p>"She's the preeminent Supreme Court reporter in the courtroom," Calamur said. "So I'm assuming that's what she heard. &hellip; She's in the room. It's like when we report opinions. I'm not waiting to see what the Times is reporting. It's when Nina says, here's what happened, and we do it. That's the trust you build up."</p></blockquote>
<p>But does Totenberg deserve that trust? The Alito incident is just the latest in a string of questionable judgments Totenberg has made in recent years.</p>
<p>I'll start with an incident that I partially reported on, indirectly. By chance, I was in the Court for Justice Kennedy's final day on the Court in 2018. I wrote about that experience in <a href="https://www.nationalreview.com/2018/06/anthony-kennedy-retirement-supreme-court-deliberations/">National Review</a>. I noted that one of the first clues was when Kennedy's family walked into the Court.</p>
<blockquote><p>But then everything changed. Mary Kennedy, Justice Kennedy's wife walked into the room. Justice Kennedy was not expected to issue any more opinions, so her presence was a mystery. She was followed by (what looked like) her children and grandchildren, who took their seats in the reserved seat section. At that point, it became obvious that the entire Kennedy clan was in attendance. <strong>One of the members of the press section released an excited utterance: "Oh, f***!"</strong> The other reporters tried to figure out whether the guests were in fact Kennedy's family members. No one quite knew for sure. But there was no more time to think about it.</p></blockquote>
<p>The reporter who said "Oh, fuck!" was none other than Nina Totenberg. I was sitting on the left side of the bar section, which was adjacent to the press box. I didn't feel the need to name Totenberg at the time, but I think it is now appropriate. I also didn't publish her follow-up comment, which was something to the effect of "How could he do this to us?" The message was clear--how could Kennedy let Trump replace him. There was never any doubt about which team Totenberg was on. She was exhibiting public disappointment in Kennedy's retirement.  Reporters are supposed to maintain some sense of neutrality in public, but Totenberg didn't even try. Totenberg is known to make other inappropriate comments while sitting in the press box, including about me. When the bar section is <a href="https://reason.com/volokh/2026/06/18/a-slow-thursday-at-the-court/">filled to capacity</a>, there are many lawyers in earshot of the press box.</p>
<p>In any event, this incident from 2018 reveals that Totenberg knows the usual routine of how Justice retirements are announced, which makes her story even more inexplicable.</p>
<p>There's more. Totenberg <a href="https://www.npr.org/sections/publiceditor/2022/11/02/1133607302/nina-totenberg-is-the-exception-not-the-rule-and-npr-leaders-should-say-so">kept her decades-</a>long friendship with Justice Ginsburg secret, even though she interviewed and wrote about RBG often. Totenberg <a href="https://www.npr.org/sections/publiceditor/2022/01/20/1074540207/npr-reporting-on-supreme-court-mask-controversy-merits-clarification">reported</a> that Justice Sotomayor asked Justice Gorsuch to wear a mask, and he refused. The Chief Justice, and Justices Gorsuch and Sotomayor, <a href="https://www.politico.com/news/2022/01/19/supreme-court-gorsuch-sotomayor-masks-527369">put out a statements</a> saying the reporting was "false," but <a href="https://www.npr.org/sections/publiceditor/2022/01/20/1074540207/npr-reporting-on-supreme-court-mask-controversy-merits-clarification">Totenberg</a> stood by her story. On the day Justice Gorsuch's confirmation hearing began, Totenberg released what was supposed to be a bombshell story about students in Gorsuch's class. Within a few hours, the <a href="https://www.npr.org/2017/03/20/520743555/former-law-student-gorsuch-told-class-women-manipulate-maternal-leave">story fell apart</a>, as Gorsuch disputed teh allegations, and another "Editor's Note" was added. I could go on.</p>
<p>Has any Supreme Court reporter made so many major errors in reporting that required corrections or "clarifications"? Has any member of the Supreme Court press corp made a single error of this magnitude and kept their job?</p>
<p>At some point, this long string of questionable judgments adds up to a conclusion: with Totenberg, trust but verify.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/nina-totenberg-sincerely-apologizes-for-an-inexplicable-error/">Nina Totenberg Sincerely Apologizes For An Inexplicable Error</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[
				On The Other Side Of The Looking Glass With West Virginia v. B.P.J.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/on-the-other-side-of-the-looking-glass-with-b-p-j-v-west-virginia/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391163</id>
		<updated>2026-07-01T04:41:28Z</updated>
		<published>2026-07-01T02:05:15Z</published>
					<summary type="html"><![CDATA[A debate about the meaning of "biological sex" on NPR.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/on-the-other-side-of-the-looking-glass-with-b-p-j-v-west-virginia/">
			<![CDATA[<p>This morning, I received an invitation to go on AirTalk, a Los Angeles NPR show, to discuss <em>West Virginia v. </em><em>B.P.J.</em> I was somewhat hesitant, as I knew this would not be a friendly forum. Still, I agred. I've gone on Larry Mantle's show many times over the years, and have always found him to be a fair host. The other guest would be Jennifer C. Pizer, Chief Legal Officer and Eden/Rushing Chair for Lambda Legal. Pizer was counsel in <em>B.P</em>.J.</p>
<p>The interview was surreal. I felt like I was on the other side the looking glass. Much of the discussion turned on my use of the term "biological male." I encourage you to listen to the <a href="https://laist.com/news/birthright-citizenship-world-cup-knockout-stages-transgender-athletes-student-loans">entire exchange</a>, though for those who prefer to read, I've included excerpts from the transcript below. I add some brief comments at the end.</p>
<p><span id="more-8391163"></span></p>
<p><strong>Jennifer Pizer</strong>:  I think there were some real mistakes in the way the analysis was done in this case, but the bottom line is that the, the equal protection test, when it comes to sex discrimination, the court has used what's called intermediate scrutiny, so the government can justify different treatment of women and men as groups, if the government can identify an important objective that it is trying to further with this distinction, and if the classification it's using is closely enough related to that goal, and in this instance, Justice Kavanaugh said that, well, they're interested interests in competitive fairness, as well as physical safety, those are important, and that this, this <strong>distinction based on biology, as he defines it, as he seems to understand</strong> it, that it's closely enough related, and the fact that that the two transgender girls, or young woman, in the case of the Hecox case, the fact that that they are excluded without a careful look at who they actually are and whether they, whether they have any, any physical advantages based on having whatever the sex was designated at birth, that's not to be considered, which we think is, which we think is an error, but that was the main basis of of the majority decision.</p>
<p><strong>Larry Mantle</strong>: Jenny does, does, and maybe I'm missing the mark here, but does much of this come down to the lens of anatomy versus gender identity? Or are these legal issues that you're talking about, do those take precedence over this sort of issue of, of someone's, you know, anatomically what they look like versus how they identify.</p>
<p><strong> Jennifer Pizer</strong>: That's the core question for sure. I think the what the majority is doing is using a very simplified, simplified to the point of being being inaccurate understanding of the term that it keeps being used is is biological sex, somebody's biologically male or biologically female, but but <strong>sex is actually, and the way our bodies develop is made up of lots of different things</strong>, so the the classification that these state laws are using is what was the sex designated at birth and written on your birth certificate. Well, that's based on some observation of the infant's anatomy, <strong>but then we develop based on what are our chromosomes. How does, how does our body react to hormones? What kind of puberty do we go through?</strong> So, for most girls and most boys, when they go through puberty, bodies develop in different ways based on hormones. <strong>For these transgender girls, they didn't go through a male puberty and develop the way boys generally develop,</strong> and so to the classification is supposed to be about safety in school sports based on the anatomy that the student has at that age. These particular transgender girls didn't go through the development that's generally relevant to whether there is a competitive advantage or disadvantage, and one of the, one of the errors that we think the majority makes here in the equal protection analysis is to to decide that the equal protection claim fails without looking at the detailed facts, actually testing them in the district court. The district court made a decision based on the papers. Usually, if the, if an appellate court says, "Well, there's, there's disputed facts here, we can't tell what facts are right and wrong. Usually, you send it back down for the trial court to consider those facts, and in this instance the Supreme Court did not do that.</p>
<p><strong>Larry Mantle</strong>:<br />
We're talking with Jennifer Pizer, Chief Legal Officer and Chair for Lambda Legal, also with us, Professor Josh Blackman, Constitutional Scholar at South Texas College of Law, Houston. Josh, thank you for being with us again. Your reading of this, and what, if anything, it tees up for future Supreme Court review when it comes to transgender athletes.</p>
<p><strong>Josh Blackman:</strong><br />
Sure, both of these cases today came from red states, Idaho and West Virginia, that tried to exclude biologically male athletes from female sports, the sort of next shoe or perhaps cleat to drop is in blue states like California, where they allow these transgender athletes to compete. I can see the Trump administration taking action against California, New Jersey, Maryland, and so on, arguing that permitting these biologically male athletes compete violates both Title Nine, not quite the Constitution, but it at least violates Title Nine under the understanding of sex that the court adopted today.</p>
<p><strong>Larry Mantle</strong>:<br />
All right, and Jenny, just want to clarify, when we talk about biologically male, I know that that is, that's a nuanced term. How would you interpret that term,</p>
<p><strong>Jennifer Pizer</strong>:<br />
The way it's being used here is, how was an infant designated at birth? What we know in terms of biology and medical science is that the way our sex develops and the way we understand our gender is a function of lots of things, including, you know, chromosomes and hormones. How do they interact? So, the one of the core problems I think with these decisions is that it <strong>doesn't grapple with who trans, who transgender people are,</strong> and so for these girls, who did not go through a male puberty and did not develop as cisgender as most boys do, they don't have the physical advantage that is the core of what the court seems to be concerned about.</p>
<p><strong>Larry Mantle</strong>:<br />
So, would they be considered, then, Jennifer, in the way you're putting it, as <strong>biologically female</strong>? Well,</p>
<p>Jennifer Pizer<br />
I think they, they, they should be, or more so the <strong>term biological male and biological female just seems so simplified to not be helpful here</strong>. Okay,</p>
<p><strong>Larry Mantle</strong>:<br />
Okay. Let me go back to Josh Blackman. So, Josh, what do you think would be the Supreme Court's receptivity to take up a case if the Trump administration were to challenge a state like California, which allows transgender girls and women to participate in girls' and women's sports.</p>
<p><strong>Josh Blackman</strong>:<br />
Well, I think the dynamics are somewhat flipped, and I take my friend's point about the term biological male and female. What the court said today is these are issues in which people disagree, and under the relevant constitutional standard, the state gets some deference in how they sort of define these issues, right? If West Virginia and Idaho want to look at the child's sex, <strong>and they base it based on what was seen at birth in genitalia, they don't consider how they went through puberty</strong>, and so on. That's a determination they can make. On the flip side, California has adopted this sort of varied approach, where each person is reviewed based on a host of different factors. I don't know if the court will then defer to how California does it, or see that the definition of biological sex in Title IX, which is not based on sort of the California vision of everything happened, but genitalia, and even if a classification affects 99 or 98% of people, whatever the percentage is, that that might be good enough for government work, and that might exclude transgender athletes from the ability to participate in female sports,</p>
<p><strong>Larry Mantle</strong>:<br />
And so for those states where transgender athletes are not allowed to compete in women's sports, do they have any alternative? <strong>Josh, do you know for those women and girls to be able to compete?</strong> I mean, would they have to compete on a men's team, or do you know how they deal with that.</p>
<p><strong>Josh Blackman:</strong><br />
I mean, presumably, for again, I know my friends don't like the phrase, <strong>but for biological males, they can compete on the male sports teams as they've done before</strong>. I don't think they'd be creating a separate league. I think that would create even more, more objections and more concerns, but I think this is an area where the court's ruling does make a difference, you can imagine with a very different court that could be shooting rulings as well. You know, maybe the state should follow the practice of the International Olympics Committee, where if there's a certain hormone level or a certain type of puberty changes, and so on, that person can be considered biologically male or female. The Kavanaugh opinion is pretty, pretty clear on this, and I'm not sure if there's much wiggle room, we can always amend Title Nine and amend the statute. States have created various protections under their own laws, but unless the laws change, I just don't see many, many paths, and perhaps there's something we're aware of here.</p>
<p><strong>Larry Mantle</strong>:<br />
All right, Jenny, just a final thought on this. I mean, the CIF [California Interscholastic Federation] in California, for example, when you're talking about individual athlete sports, if a transgender athlete competing with girls or women is victorious, then there will be the whoever was the runner up who's not transgender will also go up and receive the honor, that's kind of the way that they've threaded the needle in this. Are there other alternatives that you see to that approach CIF takes?</p>
<p><strong>Jennifer Pizer</strong><br />
Oh, I mean, I think for our client in West Virginia, she, you know, really, she just doesn't get to participate, you know, as a practical matter, I mean, she, she's a girl, she lives her life as a girl. Among the things that just seems disappointing about this analysis is that under Title Nine, and, and also, as, as was mentioned, as the Olympics are doing, different sports are different, and there's and they title nine did contemplate setting up different rules for different sports by people who know something about the particular sports, Justice Kavanaugh writes, well, judges aren't the right people to figure this out, and I would say yes, that's right, it isn't about judges to figure this out, where there's where there's different treatment based on sex, which they acknowledge is happening here. Then the state should be showing why the exclusion furthers the interest that the state has. Why does excluding our client serve the interests of fairness, if her body has developed like other girls, <strong>I mean, she's not running track with her, with her genitals, right? It sort of doesn't matter what's in her pants, what matters is how her body has developed, which is based on the medical course of treatment she's under.</strong> So, I just think it misses the mark, but as, as, as my colleague here has pointed out states are developing different approaches, and a lot more education is happening, so people can understand more, and I think the majority does not see transgender people for who they are, as Justice Sotomayor's dissent explains, and it's not consistent with the sex discrimination doctrine we've had under the equal protection clause in the past, so I think there's a lot more work to be done as the bottom line.</p>
<p><strong>Larry Mantle</strong>:<br />
Jenny Pizer, thank you, as always. Appreciate you being with us. Thank you, Jenny Peiser, Chief Legal Officer, Chair for Lambda Legal, and our thanks to Professor Josh Blackman. He's a constitutional law specialist at the South Texas College of Law in Houston.</p>
<p>--</p>
<p>Throughout this entire interview, I felt like I was on the other side of the looking glass. My fellow guest and the host were using language and words that were at odds with reality. I did my best to keep my composure and be respectful. But all I could think about was Justice Thomas's concurrence:</p>
<blockquote>
<p class="p1">Second, as the Court recognizes, this case concerns "biological men" and "boys who identify as girls." <i>Ante, </i>at 10, 27. Men and boys with gender dysphoria are not women or girls, even if they believe that they are. Sex is an immutable "biological" characteristic, see <i>ante, </i>at 10; it is binary; and "man" and "woman," "boy" and "girl," are the terms that correspond to adults and children of each sex. See A. Byrne, Are Women Adult Human Females? 177 Philosophical Studies 3783, 3786–3787 (2020). To use language to obscure reality—to show "indifference regarding the truth"—is to lie to the public and cease to treat our fellow citizens"as equal[s]." J. Pieper, Abuse of Language—Abuse of Power 17, 21 (1992).</p>
</blockquote>
<p>We have a duty, above all else, to the truth.</p>
<p>I note that the majority did not use the neologisms "cisgender" or "transgender girls." I'll have more to say about this topic in a future writing.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/on-the-other-side-of-the-looking-glass-with-b-p-j-v-west-virginia/">On The Other Side Of The Looking Glass With &lt;i&gt;West Virginia v. B.P.J.&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>Stephen Halbrook</name>
							<uri>https://reason.com/people/stephen-halbrook3/</uri>
					</author>
					<title type="html"><![CDATA[
				Second Amendment Roundup: Cert Granted on Semiautomatic Rifle Bans			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/second-amendment-roundup-cert-granted-on-semiautomatic-rifle-bans/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391165</id>
		<updated>2026-07-01T01:50:06Z</updated>
		<published>2026-07-01T01:50:06Z</published>
					<summary type="html"><![CDATA[The question is whether the Constitution guarantees the right to possess AR-15 platform and similar semiautomatic rifles.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/second-amendment-roundup-cert-granted-on-semiautomatic-rifle-bans/">
			<![CDATA[<p>On June 30, the Supreme Court granted cert in two cases involving prohibitions on semiautomatic rifles.  In <a href="https://www.supremecourt.gov/docket/docketfiles/html/public/25-238.html"><em>Viramontes</em></a><em> v. Cook County</em>, arising out of the 7th Circuit, the <a href="https://www.supremecourt.gov/DocketPDF/25/25-238/370875/20250827115014594_25-%20Petition.pdf">petition</a> posed the issue as: "Whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles."  That was consolidated with <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-566.html"><em>Grant</em></a><em> v. Rovella</em>, which concerns Connecticut's ban upheld by the 2nd Circuit.  The statement of the question in <em>Viramontes</em> will apply to both cases.</p>
<p>The <em>Viramontes</em> petition begins with the following statement:</p>
<p style="padding-left: 40px">Last term, this Court denied certiorari in <em>Snope v. Brown</em>, a case raising the constitutionality of Maryland's ban on the AR-15 platform rifle. 145 S. Ct. 1534 (2025) (Mem.) In his statement respecting denial, Justice Kavanaugh pointed out that there is a "strong argument that AR-15s are in 'common use' by law-abiding citizens and therefore are protected by the Second Amendment" and that it is "analytically difficult to distinguish the AR-15[] &hellip; from the handguns at issue in <em>Heller</em>." Id. at 1534 (Kavanaugh, J., statement respecting denial). Justice Kavanaugh noted that there were several other cases pending in the Courts of Appeals raising the same issue, including this one, and stated that "this Court should and presumably will address the AR-15 issue soon, in the next Term or two." Id.</p>
<p>So now the Court will deliver on Justice Kavanaugh's prediction.  Recent statements by the Court suggest a favorable atmosphere to have the issue revolved.  As Justice Kagan <a href="https://www.supremecourt.gov/opinions/24pdf/23-1141_lkgn.pdf">wrote</a> for a unanimous Court in <em>Smith &amp; Wesson v. Mexico</em>, semiautomatic rifles "are both widely legal and bought by many ordinary consumers. (The AR–15 is the most popular rifle in the country&hellip;.)"  And don't forget Justice Sotomayor <a href="https://reason.com/volokh/2024/06/16/second-amendment-roundup-bump-stocks-are-not-machineguns/">stating</a> in <em>Garland v. Cargill</em> that AR-15s are "commonly available, semiautomatic rifles."  Such statements buttress the validity of the title of my latest <a href="https://www.amazon.com/exec/obidos/ASIN/1637586809/reasonmagazinea-20/">book</a>, <em>America's Rifle: The Case for the AR-15</em>.</p>
<p>Without belaboring the point, for much ink will now be spilled in this issue before the Court, since it was first announced in 2008, lower courts have been resisting the <em>Heller</em> test that the Second Amendment protects "arms in common use at the time for lawful purposes like self-defense."  In <em>Viramontes</em>, the 7th Circuit summarily rejected the appeal based on its previous 2023 <a href="https://law.justia.com/cases/federal/appellate-courts/ca7/23-1353/23-1353-2023-11-03.html?__cf_chl_f_tk=tN1PnTdz7HQFlr7BWOOwL5yliFd999XnKia4M8TbzkY-1782853531-1.0.1.1-t8QXWw0nHR_4L2ri3l_qJYOmDNvPSjGwoqmjqm19B1Y"><em>Bevis</em></a> opinion, which stated that "'common use' is a slippery concept" and changed the subject to machine guns.  In <em>Grant</em>, the 2nd Circuit wrote, "The cases do not hold that the Second Amendment <em>necessarily</em> protects <em>all</em> weapons in common use," for what if "the W54 nuclear warhead" became in common use before it could be banned?</p>
<p>Such comments belittle the Supreme Court's continuing references to the common use test.  In resolving <em>Viramontes</em> and <em>Grant</em>, it's unlikely the Court will appreciate absurd examples that detract from its precedents.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/second-amendment-roundup-cert-granted-on-semiautomatic-rifle-bans/">Second Amendment Roundup: Cert Granted on Semiautomatic Rifle Bans</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>
					<author>
			<name>Amber Duke</name>
							<uri>https://reason.com/people/amber-duke2/</uri>
					</author>
					<title type="html"><![CDATA[
				Gavin Newsom Is Totally Wrong About Taxes			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/06/30/gavin-newsom-is-totally-wrong-about-taxes/" />
		<id>https://reason.com/?post_type=video&#038;p=8391090</id>
		<updated>2026-06-30T20:54:15Z</updated>
		<published>2026-06-30T21:30:53Z</published>
			<category scheme="https://reason.com/latest/" term="Tax Reform" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Gavin Newsom" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Taxes" />		<summary type="html"><![CDATA[Robby Soave and Amber Duke discuss Gavin Newsom's turn toward socialism.]]></summary>
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										alt="Amber Duke and Robby Soave discuss Gavin Newsom&#039;s desire for a billionaire tax | Illustration: Adani Samat"
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		<p>In this segment of <a href="https://www.youtube.com/watch?v=Uov7Jq8gag4"><em data-start="19" data-end="31">Free Media</em></a>, Senior Editor Robby Soave and <em data-start="63" data-end="77">Daily Caller</em> Editor in Chief Amber Duke discuss California Gov. Gavin Newsom's move further left as he tries to appeal to the socialist wing of the Democratic Party.</p>
<p>The post <a href="https://reason.com/video/2026/06/30/gavin-newsom-is-totally-wrong-about-taxes/">Gavin Newsom Is Totally Wrong About Taxes</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Amber Duke and Robby Soave discuss Gavin Newsom's desire for a billionaire tax]]></media:description>
		<media:title><![CDATA[FM-6-30-C]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/FM-6-30-C-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				He Spent Over 80 Days in Jail After Florida Cops Arrested Him on Faulty Facial Recognition			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/he-spent-over-80-days-in-jail-after-florida-cops-arrested-him-on-faulty-facial-recognition/" />
		<id>https://reason.com/?p=8391002</id>
		<updated>2026-06-30T21:14:54Z</updated>
		<published>2026-06-30T21:15:28Z</published>
			<category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Facial Recognition" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="North Carolina" />		<summary type="html"><![CDATA[Police have arrested at least 15 people in recent years based on bad facial recognition hits.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/30/he-spent-over-80-days-in-jail-after-florida-cops-arrested-him-on-faulty-facial-recognition/">
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		<p>Police in Florida arrested a man and held him in jail for nearly three months based on a bad facial recognition result. It's far from the first time such a thing has happened—in fact, it's at least the second time that the same sheriff's office was involved, according to Action News Jax.</p>
<p>In April 2025, a man in Jacksonville, Florida, <a href="https://www.actionnewsjax.com/news/local/charlotte-father-10-says-jacksonville-police-ai-misidentification-cost-him-his-freedom-home-job/ZHHJGP3NOZETJCPMSCBQGES6SY/">purchased a car</a> from someone he met in a grocery store parking lot. When he learned the car was stolen, he reported the crime to the Jacksonville Sheriff's Office. Using surveillance footage from the parking lot, investigators ran the suspect through facial recognition software, which flagged Jalil Richardson as an 85 percent match.</p>
<p>The case had problems. First and foremost, Richardson lived in Charlotte, North Carolina—400 miles away. Not only that, but time cards showed Richardson was at work when the suspect was selling a stolen car in Jacksonville.</p>
<p>But that didn't dissuade police. Richardson was <a href="https://mecksheriffweb.mecklenburgcountync.gov/Arrest/Details?t=MTk0NzY1NSw0NTQzNzUsamFsaWwscmljaGFyZHNvbixGYWxzZSwsMTAwLDE%3D">arrested</a> in North Carolina and held for 33 days, at which point he was <a href="https://reason.com/wp-content/uploads/2026/06/Jalil-Richardson-JSO-inmate-details.pdf">extradited</a> to Jacksonville and held for another 53 days. Prosecutors finally dropped the charges and released him last month after he had spent nearly three months in jail.</p>
<p>Richardson <a href="https://www.actionnewsjax.com/news/local/man-wrongfully-jailed-prosecutors-cite-facial-recognition-match-before-dropping-case/CJBWGL47CVEFJDFBJWQ3XHBNZU/">told Action News Jax</a> that the arrest and confinement cost him his job, his house, and custody of two of his children.</p>
<p>Arresting someone for a crime he did not commit is among the worst things law enforcement can do, especially if that arrest causes negative results in the arrestee's life. But this is not the only time in recent memory that cops in Jacksonville have made this mistake.</p>
<p>Earlier this month, the American Civil Liberties Union (ACLU) <a href="https://reason.com/2026/06/11/aclu-sues-after-facial-recognition-falsely-identifies-florida-man-as-a-child-abductor/">sued</a> the city of Jacksonville Beach, a <a href="https://jaxhumor.com/blogs/learn-about-jacksonville/jacksonville-vs-jacksonville-beach-whats-the-actual-difference-1?srsltid=AfmBOopwbZJ5rWjDBnVJ31Pjbtwdy8ShAQvRDygYAbf_7bXOoZkMSFW2">separate municipality</a> just east of Jacksonville. Police officers were investigating an attempted child abduction when a Jacksonville Sheriff's Office investigator ran photos of grainy surveillance footage of the suspect through facial recognition. The software flagged Robert Dillon, whom officers arrested and charged, even though he lived and worked 300 miles away.</p>
<p>The ACLU <a href="https://assets.aclu.org/live/uploads/2026/06/Dillon-v-City-of-Jacksonville-Beach-Complaint-1.pdf">identified</a> at least 15 people, including Dillon and Richardson, who had been arrested since 2019 based on bad facial recognition.</p>
<p>"Facial recognition software is just one tool in a large toolbox for investigators," the Jacksonville Sheriff's Office said in a <a href="https://www.actionnewsjax.com/news/local/man-wrongfully-jailed-prosecutors-cite-facial-recognition-match-before-dropping-case/CJBWGL47CVEFJDFBJWQ3XHBNZU/">statement</a> to Action News Jax about Richardson's case. "Our detectives and officers use any and all available resources to solve cases. It is incorrect to assume that facial recognition was the deciding factor in Mr. Richardson's arrest."</p>
<p>"If you came to me with a facial recognition hit and that was your probable cause, I would probably kick you out of my office because that's not how it works," Jacksonville Sheriff T.K. Waters <a href="https://www.actionnewsjax.com/news/local/ai-wrong-guy-investigating-use-dangers-artificial-intelligence-jacksonville-policing/BJLBUO2N5BGTDDPXT7FLF22ZKM/">told Action News Jax last year</a> regarding Dillon's case. "There better be a lot more that goes along with that to help make sure that we have the proper individual too."</p>
<p>But in Richardson's case, the only other investigative technique identified was a photo lineup, which investigators administered to both the witness and his brother.</p>
<p>As the ACLU noted in its <a href="https://assets.aclu.org/live/uploads/2026/06/Dillon-v-City-of-Jacksonville-Beach-Complaint-1.pdf">lawsuit</a> on Dillon's behalf, when facial recognition "produces a false match, the returned (innocent) candidate will, by algorithmic design, resemble the actual perpetrator. Placing that candidate's photograph in an array predictably taints any witness identification that follows. Photo arrays are constructed by surrounding the candidate with 'fillers'—photographs of known innocents selected for their physical similarity to the candidate, not to the actual perpetrator."</p>
<p>This is not to say that facial recognition has no use as an investigative tool, but it's clear that it should not form the sole, or perhaps even primary, basis for identifying a suspect.</p>
<p>Then again, perhaps even that is insufficient: "The technology is simply too dangerous for law enforcement to be using at all," Adam Schwartz, privacy litigation director at the Electronic Frontier Foundation, <a href="https://www.actionnewsjax.com/news/local/man-wrongfully-jailed-prosecutors-cite-facial-recognition-match-before-dropping-case/CJBWGL47CVEFJDFBJWQ3XHBNZU/">told</a> Action News Jax.</p>
<p>The post <a href="https://reason.com/2026/06/30/he-spent-over-80-days-in-jail-after-florida-cops-arrested-him-on-faulty-facial-recognition/">He Spent Over 80 Days in Jail After Florida Cops Arrested Him on Faulty Facial Recognition</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[A man faces a grainy picture of himself, signifying AI facial recognition.]]></media:description>
		<media:title><![CDATA[ai-facial-recognition]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<author>
			<name>Amber Duke</name>
							<uri>https://reason.com/people/amber-duke2/</uri>
					</author>
					<title type="html"><![CDATA[
				Dave Portnoy Trashes Zohran Mamdani			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/06/30/dave-portnoy-trashes-zohran-mamdani/" />
		<id>https://reason.com/?post_type=video&#038;p=8391067</id>
		<updated>2026-06-30T20:42:01Z</updated>
		<published>2026-06-30T21:00:28Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="New York" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Could Dave Portnoy challenge Zohran Mamdani for mayor of NYC?]]></summary>
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										alt="Robby Soave and Amber Duke talk about Dave Portnoy challenging Mamdani | Illustration: Adani Samat"
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		<p>In this segment of <a href="https://youtu.be/-JqpJyp0-RE"><em>Free Media</em></a>, Senior Editor Robby Soave and <em data-start="63" data-end="77">Daily Caller</em> Editor in Chief Amber Duke discuss Dave Portnoy's latest Fox News comments about wanting to challenge Zohran Mamdani in New York City's next mayoral race.</p>
<p>The post <a href="https://reason.com/video/2026/06/30/dave-portnoy-trashes-zohran-mamdani/">Dave Portnoy Trashes Zohran Mamdani</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Robby Soave and Amber Duke talk about Dave Portnoy challenging Mamdani]]></media:description>
		<media:title><![CDATA[FM-6-30-B]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<author>
			<name>Amber Duke</name>
							<uri>https://reason.com/people/amber-duke2/</uri>
					</author>
					<title type="html"><![CDATA[
				SCOTUS Saves Birthright Citizenship			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/06/30/scotus-saves-birthright-citizenship/" />
		<id>https://reason.com/?post_type=video&#038;p=8391003</id>
		<updated>2026-06-30T20:28:48Z</updated>
		<published>2026-06-30T20:30:37Z</published>
			<category scheme="https://reason.com/latest/" term="American Dream" /><category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Judiciary" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="LGBT" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.]]></summary>
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										alt="Robby Soave and Amber Duke discuss birthright citizenship | Illustration: Adani Samat"
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		<p>In this segment of <a href="https://youtu.be/2f4niKR2Kcs"><em>Free Media</em></a>, Senior Editor Robby Soave and <em>Daily Caller</em> Editor in Chief Amber Duke break down the Supreme Court's opinions and dissents in the cases about birthright citizenship and transgender athletes.</p>
<p>The post <a href="https://reason.com/video/2026/06/30/scotus-saves-birthright-citizenship/">SCOTUS Saves Birthright Citizenship</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Robby Soave and Amber Duke discuss birthright citizenship]]></media:description>
		<media:title><![CDATA[FM-6-30-A]]></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[
				Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/here-are-some-ways-scotus-can-constrain-federal-agencies-that-are-now-subject-to-trumps-untrammeled-control/" />
		<id>https://reason.com/?p=8390923</id>
		<updated>2026-06-30T19:58:39Z</updated>
		<published>2026-06-30T20:00:19Z</published>
			<category scheme="https://reason.com/latest/" term="Administrative Law" /><category scheme="https://reason.com/latest/" term="Bureaucracy" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Executive overreach" /><category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Juries" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Separation of Powers" /><category scheme="https://reason.com/latest/" term="Chevron Doctrine" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Agencies" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Federal Trade Commission" /><category scheme="https://reason.com/latest/" term="Judges" /><category scheme="https://reason.com/latest/" term="Judicial deference" /><category scheme="https://reason.com/latest/" term="Major Questions Doctrine" /><category scheme="https://reason.com/latest/" term="Neil Gorsuch" /><category scheme="https://reason.com/latest/" term="Nondelegation" /><category scheme="https://reason.com/latest/" term="Statutory Interpretation" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="White House" />		<summary type="html"><![CDATA[The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/30/here-are-some-ways-scotus-can-constrain-federal-agencies-that-are-now-subject-to-trumps-untrammeled-control/">
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										alt="FTC Commissioner Rebecca Slaughter, President Donald Trump, and Supreme Court Justice Neil Gorsuch | Aaron Schwartz/Pool via CNP/Polaris/Newscom/Mattie Neretin/Sipa USA/Brian Cahn/Zuma Press/Newscom"
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		<p>The Framers established a federal government consisting of three branches that were supposed to exercise distinct functions: legislative, executive, and judicial. But beginning in the late 19th century, Congress created dozens of "independent" agencies that exercise all three functions.</p>
<p>On Monday in <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf"><em>Trump v. Slaughter</em></a>, the Supreme Court addressed one puzzle posed by that situation: the purported independence of those agencies. But as <em>Reason</em>'s Damon Root <a href="https://reason.com/2026/06/30/gorsuch-warns-about-executive-overreach-while-expanding-trumps-power/">notes</a>, that decision did not address the line-crossing authority of ostensibly executive agencies that also effectively make law and adjudicate cases. Instead, the Court concentrated those powers in the hands of the president—a development that should worry anyone concerned about executive overreach.</p>
<p>Fortunately, that is not the end of the matter. Even without congressional intervention, the Supreme Court can restrict the actions of presidentially controlled administrative agencies by enforcing the separation of powers. Potential tools include the nondelegation doctrine, the major questions doctrine, and statutory interpretation unconstrained by the deference that the Court repudiated in 2024. Agency actions also can be challenged under constitutional provisions guaranteeing due process and the right to trial by jury.</p>
<p>In <em>Trump v. Slaughter</em>, the Court answered a question that presidents of both major parties had been <a href="https://reason.com/2025/02/19/trump-has-good-reason-to-complain-about-limits-on-his-ability-to-fire-executive-officers/">asking</a> for more than a century: If agencies such as the Federal Trade Commission (FTC) are part of the executive branch, how can Congress, consistent with the separation of powers, restrict the president's authority to remove the officials who run them? It can't, the Supreme Court <a href="https://reason.com/2026/06/29/can-the-president-fire-anyone-he-wants-yes-unless-the-target-is-part-of-the-federal-reserve/">ruled</a>, allowing President Donald Trump to fire FTC Commissioner Rebecca Slaughter without meeting the <a href="https://www.law.cornell.edu/uscode/text/15/41">statutory requirement</a> of citing "inefficiency, neglect of duty, or malfeasance in office."</p>
<p>That decision applies broadly to agency leaders who were formerly protected by similar provisions. It overturns the Court's 1935 ruling in <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep295/usrep295602/usrep295602.pdf"><em>Humphrey's Executor v. United States</em></a>, which rejected President Franklin Roosevelt's attempt to fire an FTC commissioner on policy grounds. FTC commissioners are not "purely executive officers," Justice George Sutherland said in that case. Rather, the FTC was a "nonpartisan" panel of "experts" with "predominantly quasi-judicial and quasi-legislative" functions that was meant to be "independent of executive authority."</p>
<p>That take "was tethered to a highly circumscribed and almost fictional view of the FTC's role," Chief Justice John Roberts <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf#page=8">wrote</a> for the majority in <em>Trump v. Slaughter</em>, noting the commission's extensive law enforcement responsibilities. At the same time, Roberts highlighted the FTC's mix of functions.</p>
<p>"Since its creation in 1914, the FTC has accumulated vast rulemaking, enforcement, and adjudicatory powers under more than 80 statutes," Roberts noted. "Not only does it promulgate rules that carry the force of law, but it also enforces those rules against private parties, collecting civil penalties in the billions of dollars."</p>
<p>The problem, as Roberts saw it: The FTC's powers "do not belong to the President or his appointees alone; they instead belong to five Commissioners, each of whom serves for seven years and may be removed by the President only 'for inefficiency, neglect of duty, or malfeasance in office.'" He concluded that "such protection from removal is contrary to the separation of powers enshrined in the Constitution."</p>
<p>That is by no means the only way in which agencies like the FTC, given their "vast" rulemaking and adjudicatory authority, seem to violate the separation of powers. "Today, independent agencies do not just exercise executive law-enforcement powers," Justice Neil Gorsuch noted in a <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf#page=44">concurring opinion</a>. "Congress has also delegated to them vast legislative and judicial powers, effectively allowing these agencies to make laws and decide disputes under them. And, after today's decision, the President can effectively exercise all those powers too."</p>
<p>Although Gorsuch joined the majority opinion, he noted that "allowing so much legislative and judicial power to accumulate in the President's hands invites real risks" and raises "important questions." For instance: "Would Congress have delegated so much power, including legislative and judicial power, to independent agencies had it known that the President would come to control them? How will Congress respond now—if realistically it can? And what, if anything, will this Court do about it?"</p>
<p>The Supreme Court "already has many doctrines designed to protect the Constitution's separation of powers," Gorsuch noted. Under the <a href="https://www.law.cornell.edu/wex/nondelegation_doctrine">nondelegation doctrine</a>, for example, Congress may not surrender its lawmaking powers to another branch of government. Although it has been nearly a century since the Court last <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep295/usrep295495/usrep295495.pdf">invoked</a> that doctrine in striking down a federal statute, several recent decisions have relied on a related principle: the <a href="https://www.congress.gov/crs-product/IF12077">major questions doctrine</a>, which says an agency must identify "clear" statutory authority for regulations of "vast 'economic and political significance.'"</p>
<p>Even when an agency is not claiming powers that would trigger either of those doctrines, its actions must be lawful. Until recently, the Supreme Court's ability to enforce statutory limits on federal agencies was hampered by the <a href="https://www.law.cornell.edu/wex/chevron_deference"><em>Chevron</em> doctrine</a>, which required deference to an agency's "reasonable" interpretation of an "ambiguous" law. But the justices <a href="https://reason.com/2024/06/28/scotus-repudiates-doctrine-that-gave-agencies-a-license-to-invent-their-own-authority/">ditched</a> that doctrine in the 2024 case <a href="https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf"><em>Loper Bright Enterprises v. Raimondo</em></a>, saying courts should instead be guided by "the best reading of the statute."</p>
<p>Gorsuch noted that <a href="https://constitution.congress.gov/browse/essay/amdt5-8-1/ALDE_00013739/">vagueness doctrine</a>, which requires that laws define offenses with "sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement," also plays a role in constraining agency conduct. It is the job of Congress, "rather than the executive or judicial branch," to make sure that standard is met, he noted, since it has the power to "define what conduct is sanctionable and what is not."</p>
<p>Gorsuch added that "our doctrines addressing Article III, the Due Process Clause, and the Seventh Amendment can help ensure that adjudications of private rights take place where they belong, before independent judges and juries." Article III defines the functions of the judicial branch, the Due Process Clause requires fair civil and criminal procedures, and the Seventh Amendment guarantees the right to trial by jury in civil cases.</p>
<p>The Supreme Court has "no shortage of tools," Gorsuch wrote. "The only real question is whether we will use them."</p>
<p>Left-leaning critics of the Supreme Court historically have frowned on some of these tools, viewing them as excuses for unjustified interference with the judgments of dispassionate experts. They may change their tune now that Trump has untrammeled authority over the agencies that Congress sought to shield from presidential control.</p>
<p>Since "removal protections are a thing of the past," Gorsuch noted, "the President enjoys direct control over independent and executive agencies alike. So even if entrusting legislative and judicial powers to insulated, independent agencies once seemed a good idea to some, it's simply not an option anymore. Now, we face only two ways forward: Let Presidents exercise all those powers or begin subjecting them to the Constitution's constraints."</p>
<p>The post <a href="https://reason.com/2026/06/30/here-are-some-ways-scotus-can-constrain-federal-agencies-that-are-now-subject-to-trumps-untrammeled-control/">Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump&#039;s Untrammeled Control</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Aaron Schwartz/Pool via CNP/Polaris/Newscom/Mattie Neretin/Sipa USA/Brian Cahn/Zuma Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[FTC Commissioner Rebecca Slaughter, President Donald Trump, and Supreme Court Justice Neil Gorsuch]]></media:description>
		<media:title><![CDATA[Slaughter-Trump-Gorsuch]]></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[
				Mopping Up The Supreme Court's Docket			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/mopping-up-the-supreme-courts-docket/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391045</id>
		<updated>2026-06-30T19:50:38Z</updated>
		<published>2026-06-30T19:50:38Z</published>
					<summary type="html"><![CDATA[The Court GVR's a petition filed in October 2024 by John Sauer and grants an AR-15 Case After 6 Months Of Relists]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/mopping-up-the-supreme-courts-docket/">
			<![CDATA[<p>Usually the Supreme Court issues an order list the day after the last opinions are handed down. Today we got the so-called "mop-up" <a href="https://www.supremecourt.gov/orders/courtorders/063026zor_3f14.pdf">order list</a> a few hours after <em>Barbara </em>dropped. I guess the Justices really wanted to get out of dodge before Independence Day. We should never forget who is really in charge.</p>
<p>First, the Court GVR'd <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-449.html"><em>Petersen v. Doe</em></a>. This case, which concerns the Arizona Save Woman's Sports Act, has been stuck in purgatory for nearly two years. John Sauer, while still in private practice, filed the cert petition in October 2024. Briefing concluded in January 2025. The case was then held until June 23, 2025 for <em>Skrmetti</em>. Then, the case was held until today, June 30, 2026, for <em>B.J.P</em>. And the Court GVR'd the case in light of <em>B.J.P.</em> I can't recall when a petition was held for two terms for two separate merits cases, only to be GVR'd. I am just going to go out on a limb and predict the Ninth Circuit will find a way to distinguish <em>B.J.P.</em> and this case will be stuck in another two years of litigation. A preliminary injunction was granted in July 2023. This case likely will not make it back to the Court until 2028 at the earliest. Justice delayed is nevermind. Speaking of delays&hellip;</p>
<p>Second, the Court (finally) granted cert in a pair of cases concerning bans on AR-15s. These cases have been hanging around for a <em>long</em> time. <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-238.html">Cutberto Viramontes v. Cook</a> County, a case from Illinois, was initially filed in August 2025. It was relisted 21 times. Per <a href="https://www.scotusblog.com/2026/06/the-last-grants-of-the-2025-26-term/">John Elwood</a> it was reslisted "after the Dec. 5, Dec. 12, Jan. 9, Jan. 16, Jan. 23, Feb. 20, Feb. 27, Mar. 6, Mar. 20, Mar. 27, Apr. 2, Apr. 17, Apr. 24, May 1, May 14, May 21, May 28, June 4, June 11, June 18, and June 25 conferences." I can't recall a case that was granted this many times after a relist. (I think there were some cases relisted more followed by a GVR or denial.) Perhaps <em>Wolford</em> was holding this case up? Well, I'm glad we finally get a grant here. Justices Thomas and Scalia dissented on an AR-15 case <a href="https://www.nationalreview.com/2015/12/second-amendment-supreme-court/">more than a decade ago</a>. Glad the Justices finally got around to this pressing issue, as millions of Americans had their Second Amendment rights infringed. Good thing we figured out whether marijuana users get to bear arms first! As I'll explain in a new piece, the Second Amendment jurisprudence has had only a marginal effect on gun owners in blue states. This case will actually make a difference. Relatedly, the Court denied cert in <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-1185.html">NRA v. Glass</a>, which challenges Florida's ban on firearms for 18-20 year olds. (The Florida AG has argued this statute is <a href="https://www.supremecourt.gov/DocketPDF/24/24-1185/370266/20250820150454276_Glass%20Response%20Brief_File%20Ready.pdf">unconstitutional</a>, so this case is not the best vehicle.)</p>
<p>Third, the Court denied a stay in <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25a478.html"><em>Perlmutter</em></a>. The SG's "emergency" application has been pending since November 2025. I suspect the Chief hopes that <em>Slaughter</em> makes this case go away. I'm sure the D.C. Circuit will find a way to distinguish the Library of Congress and the Copyright Office as outside the executive branch.</p>
<p>Fourth, the Court CVSG'd <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-442.html">Roybal v. Griffith</a>, which involves sex-based housing and strip searches of transgender prisoners. As the petition notes, the Tenth Circuit ruled that prisons cannot "house a biologically male inmate with unaltered male anatomy alongside male inmates if the inmate expresses a female identity." The court further held that "absent emergencies, male officers cannot search biologically male inmates who self-identify as female." This case strikes me as far easier than <em>B.J.P.</em> I wonder if any female prisoner rights groups file in support of the government here--they should. Moreover, this case might give the Court another shot at revisiting <em>Johnson v. California</em>, which keeps getting cited in the context of affirmative action cases.</p>
<p>Fifth, the Court a pro se petition in <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-965.html">Grand v. University Heights</a>. This case presents a recurring issue for Jewish people where the government restricts small congregations to worship in a private home. My organization, the Jewish Coalition for Religious Liberty, filed an <a href="https://www.supremecourt.gov/DocketPDF/25/25-965/404091/20260410095406188_25-965%20Amicus%20Brief.pdf">amicus brief</a>. Here is how we framed the issue:</p>
<blockquote><p>This Petition presents a simple but consequential question: may government officials circumvent RLUIPA by burdening religious exercise through denial by delay—via serial continuances, shifting demands, and procedural limbo—while insisting that nothing is ripe for judicial review because they have not yet said "no" in a final vote? The decision below effectively blesses that Kafkaesque regime, allowing officials to block religious use of property and then wield the absence of a formal denial to keep federal courts from hearing the merits at all. That rule is especially dangerous for Muslims, Jews, and other minority faith communities, which have long faced disproportionate resistance in zoning processes that appear neutral on paper but operate as instruments of exclusion in practice. In that setting, delay amounts to more than mere administrative inconvenience. It means missed worship, mounting costs, and the practical denial of the right to use one's own property for religious exercise.</p></blockquote>
<p>This case may not be high-profile, but could be a significant victory for religious liberty.</p>
<p>Much more to come later.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/mopping-up-the-supreme-courts-docket/">Mopping Up The Supreme Court&#039;s Docket</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				Trump's Fertilizer Tariff Retreat Is Another Admission That Tariffs Raise Prices			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/trumps-fertilizer-tariff-retreat-is-another-admission-that-tariffs-raise-prices/" />
		<id>https://reason.com/?p=8390935</id>
		<updated>2026-06-30T19:39:25Z</updated>
		<published>2026-06-30T19:45:35Z</published>
			<category scheme="https://reason.com/latest/" term="Agriculture" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Farming" /><category scheme="https://reason.com/latest/" term="Free Markets" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Imports" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The White House quietly repealed tariffs on Moroccan fertilizer this week.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/30/trumps-fertilizer-tariff-retreat-is-another-admission-that-tariffs-raise-prices/">
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					style="max-width: 100%; height: auto"
					width="1200"
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										alt="A sketch of Trump holding an orange bag labeled Fertilizer against a green background | Illustration: Adani Samat/The White House/Midjourney"
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		</div>
		<p>With fertilizer prices spiking due to the Iran War and contributing to rising food prices, the White House on Monday quietly dropped tariffs on fertilizer imports from Morocco.</p>
<p><a href="https://www.whitehouse.gov/presidential-actions/2026/06/declaration-of-emergency-and-authorization-for-temporary-duty-free-importation-of-phosphate-fertilizer-morocco/">Officially</a>, that maneuver is meant to "ensure in the interim that United States farmers have access to a sufficient and timely supply of phosphate fertilizers during the planting and growing season, to ensure a stable domestic crop supply, and to meet our food production needs."</p>
<p>In reality, this is yet another admission by the Trump administration that tariffs raise prices—otherwise, how could cutting tariffs bring prices down? It is exactly like when the White House <a href="https://reason.com/2025/11/14/the-trump-administration-finally-admits-that-tariffs-raise-prices/">rolled back tariffs on coffee, beef, and other imported food</a> last year. Or when the White House <a href="https://reason.com/2026/06/02/cutting-tariffs-on-farm-equipment-is-another-admission-that-trumps-trade-policies-are-increasing-prices/">rolled back tariffs on farm equipment</a> earlier this month.</p>
<p>Over and over again, the Trump administration is making fools out of allies who insisted that tariffs would not raise prices.</p>
<p>The rollback of fertilizer tariffs ought to be a particularly humiliating moment for Trump's own top trade official: U.S. Trade Representative Jamieson Greer. Greer has not only championed Trump's foolish tariffs in his current role, but has also built his political career on pushing for <em>those same high tariffs on fertilizer</em> that his boss is now unwinding.</p>
<p>As <em>Reason </em><a href="https://reason.com/2026/04/21/the-trump-administration-is-worried-about-high-fertilizer-prices-its-top-trade-official-lobbied-for-them/">has previously reported</a>, Greer spent years lobbying on behalf of Simplot, an American fertilizer manufacturer that has pushed for higher tariffs on its foreign competitors' products. During the Biden administration, Greer testified before the International Trade Commission (ITC) in favor of those tariffs and downplayed the potential consequences.</p>
<p>"There has been no shortage of fertilizer for the American farmer, and there will be no such shortage," he <a href="https://www.documentcloud.org/documents/28063193-itc-hearing-february-2021/#document/p331" data-mrf-link="https://www.documentcloud.org/documents/28063193-itc-hearing-february-2021/#document/p331">told the ITC</a>. "When it comes to real supply in the market, farmers have gotten everything they need, and they will get everything they need for their acreage."</p>
<p>Those tariffs were costly for farmers even before the Iran War. Tariffs on Moroccan fertilizer imports cost U.S. farmers an estimated $6.9 billion between 2021 and 2025, according to a <a href="https://afpc.tamu.edu/research/publications/732/download">report</a><strong> </strong>published earlier this year by the Texas A&amp;M Agricultural and Food Policy Center.</p>
<p>But now that other fertilizer imports have been curtailed by the war, the crisis is getting more serious. In March, over 50 farming and agricultural industry groups signed <a href="https://www.documentcloud.org/documents/28060681-itc-letter-final/" data-mrf-link="https://www.documentcloud.org/documents/28060681-itc-letter-final/">a letter</a> to the ITC seeking a reprieve from the tariffs that Greer had played a role in implementing.</p>
<p>Those tariffs had "already prevented farmers from accessing the tools that meet their crop production needs and resulted in lower yields and negative economic impacts," the groups <a href="https://www.documentcloud.org/documents/28060681-itc-letter-final/" data-mrf-link="https://www.documentcloud.org/documents/28060681-itc-letter-final/">wrote</a>. Eliminating them would "help restore balance to fertilizer markets by providing immediate relief to growers facing elevated input costs and a lack of availability," they argued.</p>
<p>When you put it all together, Trump's decision to walk back those tariffs is a damning admission of failure on multiple levels. It exposes how unprepared the administration was for the economic fallout of the war. It reveals, once more, how tariffs have <a href="https://reason.com/2025/04/30/trump-admits-tariffs-could-create-shortages-hike-prices/">raised prices</a> and <a href="https://reason.com/2025/11/14/the-trump-administration-finally-admits-that-tariffs-raise-prices/">harmed crucial American supply chains</a>. It illustrates how Trump's tariffs have backfired on a specific industry—in this case, <a href="https://www.washingtonpost.com/opinions/2026/06/01/trump-might-be-losing-farm-vote-over-trade-iran/">farmers</a>—despite their political support for his election. And, thanks to Greer's role in all of this, it shows how lobbyists with protectionist agendas have infiltrated the Trump administration.</p>
<p>Ultimately, actions speak louder than words. Trump can talk about the benefits of tariffs all he wants, but rolling back tariffs on Moroccan fertilizer is an undeniable demonstration that America is stronger and richer when it has unfettered access to global supply chains.</p>
<p>The post <a href="https://reason.com/2026/06/30/trumps-fertilizer-tariff-retreat-is-another-admission-that-tariffs-raise-prices/">Trump&#039;s Fertilizer Tariff Retreat Is Another Admission That Tariffs Raise Prices</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Adani Samat/The White House/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[A sketch of Trump holding an orange bag labeled Fertilizer against a green background]]></media:description>
		<media:title><![CDATA[Fertilizer-Trump-6-30]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Fertilizer-Trump-6-30-1200x675.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[
				Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas's Dissent in Trump v. Barbara			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/congratulations-to-randy-barnett-and-josh-blackman-whose-work-was-cited-by-justice-thomass-dissent-in-trump-v-barbara/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391089</id>
		<updated>2026-06-30T19:45:07Z</updated>
		<published>2026-06-30T19:45:07Z</published>
					<summary type="html"><![CDATA[The dissent cited Randy's Trump Is Right on Birthright Citizenship and an annotated transcript of John Marshall Harlan's 1897-98 Lectures on&#8230;
The post Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas&#039;s Dissent in &#60;i&#62;Trump v. Barbara&#60;/i&#62; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/congratulations-to-randy-barnett-and-josh-blackman-whose-work-was-cited-by-justice-thomass-dissent-in-trump-v-barbara/">
			<![CDATA[<p>The dissent cited Randy's <em>Trump Is Right on Birthright Citizenship </em>and an annotated transcript of John Marshall Harlan's 1897-98 Lectures on Constitutional Law, edited by Brian Frye, Michael McCloskey, and Josh.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/congratulations-to-randy-barnett-and-josh-blackman-whose-work-was-cited-by-justice-thomass-dissent-in-trump-v-barbara/">Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas&#039;s Dissent in &lt;i&gt;Trump v. Barbara&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>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Videos of Media Interviews on the Birthright Citizenship Decision			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/videos-of-media-interviews-on-the-birthright-citizenship-decision/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8391053</id>
		<updated>2026-06-30T20:32:43Z</updated>
		<published>2026-06-30T19:26:48Z</published>
			<category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Donald Trump" />		<summary type="html"><![CDATA[Videos of my interviews with C-SPAN and Fox 10 Phoenix.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/videos-of-media-interviews-on-the-birthright-citizenship-decision/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8204881"><img decoding="async" class="alignnone size-medium wp-image-8204881" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2022/09/Citizenship-300x258.jpg" alt="" width="300" height="258" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2022/09/Citizenship-300x258.jpg 300w, https://reason.com/wp-content/uploads/2022/09/Citizenship-1024x879.jpg 1024w, https://reason.com/wp-content/uploads/2022/09/Citizenship-768x660.jpg 768w, https://reason.com/wp-content/uploads/2022/09/Citizenship.jpg 1161w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>NA</figcaption></figure><p> Today, I did two TV interviews about the Supreme Court's ruling in the birthright citizenship. They may be of interest to some of our readers. So I am posting links to the videos here.</p> <p>The first is an appearance on C-SPAN's Washington Journal lasting for over an hour. In addition to the C-SPAN interviewer, I was joined by Zach Shemtob of SCOTUSblog. We began about 15-20 minutes before the Supreme Court started issuing its decisions today, and continued for over an hour in all; in the first part of the show, we talked about some of the issues in the cases, even before they came down. In addition to birthright citizenship, we also discussed and took caller questions about the other three cases decided today (two<a href="https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf"> on transgender athletes</a>, and one on <a href="https://www.supremecourt.gov/opinions/25pdf/24-621_h315.pdf">the First Amendment and campaign finance</a>). I thank Zach for his excellent insights.</p> <p>I am not able to embed the video in this post, for some reason. But it is available at <a href="https://www.c-span.org/program/call-in/supreme-court-decisions/681995">this link</a>.</p> <p>NOTE: Late in this segment, Zach mentions the NPR report that Justice Alito had announced his retirement. The report turned out to be incorrect, and NPR has <a href="https://www.npr.org/sections/npr-public-editor/2026/06/30/g-s1-131107/npr-retracts-story-about-alito-retirement"> retracted it</a>.</p> <p>I also did a much shorter interview, almost entirely focused on the birthright citizenship case for the Fox 10 TV station in Phoenix, Arizona. I embed the video below. My segment runs from about 5:15 to 13:45:</p> <p><iframe loading="lazy" title="&#x1f534;LIVE: Supreme Court latest, declining patriotism, car rental scams | FOX 10 Talks" width="500" height="281" src="https://www.youtube.com/embed/Ae2aOo-8ScM?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>&nbsp;</p> <p>&nbsp;</p><p>The post <a href="https://reason.com/volokh/2026/06/30/videos-of-media-interviews-on-the-birthright-citizenship-decision/">Videos of Media Interviews on the Birthright Citizenship Decision</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[NA]]></media:credit>
		<media:title><![CDATA[Citizenship]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2022/09/Citizenship-1161x675.jpg" width="1161" height="675" />
	</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[
				Housing Villains			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/housing-villains/" />
		<id>https://reason.com/?p=8390773</id>
		<updated>2026-06-30T19:15:31Z</updated>
		<published>2026-06-30T19:20:52Z</published>
			<category scheme="https://reason.com/latest/" term="Affordable Housing" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Rent control" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Donald Trump and Zohran Mamdani both do their bit to sabotage healthy housing policy.]]></summary>
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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>Last week, I was off on a vacation that unfortunately yielded few insights into housing policy, besides the errant shower thought that all-inclusive seaside resorts offer one a taste of the post-scarcity mixed-use walkable urbanism we all might one day enjoy, if we only fix our zoning laws.</p>
<p><code></code></p>
<p>Unfortunately, this past week of housing news provided ample examples of people who are standing in the way of that bright automated luxury capitalist future.</p>
<p>This week's newsletter thus focuses on two of these housing villains.</p>
<p>The first is President Donald Trump, who is once again proving to be an obstacle to the final enactment of a long-in-the-works bipartisan housing bill that includes a number of positive supply-side reforms.</p>
<p>The second is New York City Mayor Zohran Mamdani, who at last made good on his campaign trail promise to "freeze the rent"—much to the detriment of the physical and financial health of rent-stabilized housing in the Big Apple.</p>
<p>Lastly, I wanted to include a brief item explaining why the mayor's rent freeze is not likely to be the final straw that convinces the U.S. Supreme Court to end rent control once and for all.</p>
<hr />
<h1><b>Donald Trump Once Again Emerges as the Primary Obstacle to Bipartisan Housing Reform</b></h1>
<p><span style="font-weight: 400;">Last week, Congress at last approved the 21st Century ROAD to Housing Act by wide bipartisan margins in both chambers.</span></p>
<p><span style="font-weight: 400;">The </span><a href="https://www.congress.gov/bill/119th-congress/house-bill/6644/all-actions?q=%7B%22roll-call-vote%22%3A%22all%22%7D"><span style="font-weight: 400;">final bill passed</span></a><span style="font-weight: 400;"> with 85 yeas to five nays in the Senate and was approved in the House on a 358–32 margin.</span></p>
<p><span style="font-weight: 400;">It now faces its final boss: Trump.</span></p>
<p><span style="font-weight: 400;">This past Wednesday, the president canceled a signing ceremony for the bill and said that he </span><a href="https://www.politico.com/news/2026/06/24/donald-trump-housing-bill-canceled-00973509?fbclid=IwZXh0bgNhZW0CMTEAc3J0YwZhcHBfaWQKNjYyODU2ODM3OQABHpqXSVNKdCUHGlHkx-sOO_nJ9-7ja1xefNXhtE72shIHMGJxjInETDXAOhPy_aem_Y-Uiq3DbVX743Zo7ZqU54Q"><span style="font-weight: 400;">would not sign</span></a><span style="font-weight: 400;"> the legislation until Congress passed the SAVE America Act, a piece of partisan election legislation.</span></p>
<p><span style="font-weight: 400;">"It's a yawn," he said </span><a href="https://www.nytimes.com/2026/06/29/us/politics/trump-housing-bill.html"><span style="font-weight: 400;">in the Oval Office</span></a> <span style="font-weight: 400;">on Monday in reference to the bill while reupping his demand that Republicans end the filibuster to pass the SAVE America Act.</span></p>
<p><span style="font-weight: 400;">That same day, House Speaker Mike Johnson (R–La.) </span><a href="https://www.cnn.com/2026/06/29/politics/mike-johnson-housing-bill-trump"><span style="font-weight: 400;">transmitted</span></a><span style="font-weight: 400;"> the housing bill to Trump. He has 10 days to sign it or veto it. If he doesn't sign the bill within 10 days, it becomes law anyway.</span></p>
<p><span style="font-weight: 400;">The bill passed with enough support that even if Trump vetoed it, Congress would have the votes to override that veto. Whether the Republican-controlled Congress would defy a Republican president by overturning his veto is another question entirely.</span></p>
<p><span style="font-weight: 400;">All that is to say that Trump is once again playing spoiler to a bill with wide bipartisan support that includes one of his major second-term priorities: a ban on large investor purchases of single-family homes.</span></p>
<p><span style="font-weight: 400;">The housing bill, readers might recall, </span><a href="https://reason.com/2025/07/29/one-big-beautiful-housing-supply-bill/"><span style="font-weight: 400;">began life last year</span></a><span style="font-weight: 400;"> in the Senate Banking Committee. It was there that Banking Chairman Tim Scott (R–S.C.) and Ranking Member Elizabeth Warren (D–Mass.) agreed to put together a bipartisan bill that advanced each of their housing policy priorities without spending a ginormous amount of new money.</span></p>
<p><span style="font-weight: 400;">The initial bill included supply-side proposals from Scott to pare back some federal building code regulations of manufactured homes and expand private investment in federally subsidized housing, as well as Warren's longtime idea for a federal grant program that rewards states and localities for liberalizing their zoning codes.</span></p>
<p><span style="font-weight: 400;">The then–ROAD to Housing Act quickly became a vehicle for a lot of other wonky supply-side reforms that had been introduced as stand-alone bills over the years.</span></p>
<p><span style="font-weight: 400;">Other supply-side policies lumped into that initial bill included a bill exempting federally subsidized housing developments from environmental review requirements, a bill that directs more Community Development Block Grant (CDBG) funds to jurisdictions that are building more housing, a bill<strong> </strong>prioritizing federal transit grants to projects being built in areas with looser zoning rules, and a bill that would direct the Department of Housing and Urban Development to publish model zoning codes.</span></p>
<p><span style="font-weight: 400;">The ROAD to Housing Act passed the Senate that year but was not ultimately taken up by the House.</span></p>
<p><span style="font-weight: 400;">This February, the House </span><a href="https://reason.com/2026/02/10/can-congress-get-yimby-grants-right/"><span style="font-weight: 400;">passed its own bipartisan</span></a><span style="font-weight: 400;"> Housing for the 21st Century Act that included its own list of similar supply-side reforms, while excluding many of the Senate's provisions, plus some Republican priorities such as deregulation of community banking and a ban on central bank digital currencies.</span></p>
<p><span style="font-weight: 400;">Hopes were high that lawmakers could agree to some sort of compromise bill that included supply-side proposals from each chamber.</span></p>
<p><span style="font-weight: 400;">Then came the fight over the inclusion of a ban on corporate home purchases.</span></p>
<p><span style="font-weight: 400;">For years now, the growing consensus that home prices are high because of overregulation has had to contend with </span><a href="https://reason.com/2026/01/08/trumps-proposed-ban-on-institutional-investors-owning-single-family-homes-would-make-no-one-better-off/"><span style="font-weight: 400;">another bipartisan story</span></a><span style="font-weight: 400;"> that high housing costs are the result of large institutional investors outbidding individual families for single-family homes.</span></p>
<p><span style="font-weight: 400;">Trump himself proved particularly enthusiastic about cracking down on large investor ownership of single-family homes in his second term. He </span><a href="https://reason.com/2026/02/24/trump-demands-congress-ban-large-investors-owning-homes-heres-why-thats-a-bad-idea/"><span style="font-weight: 400;">used</span></a><span style="font-weight: 400;"> his State of the Union address to call for Congress to ban corporate single-family home purchases and </span><a href="https://reason.com/2026/01/27/trump-issues-order-cracking-down-on-corporate-homeownership/"><span style="font-weight: 400;">issued an executive order</span></a><span style="font-weight: 400;"> directing agencies to block these purchases where possible.</span></p>
<p><span style="font-weight: 400;">In March, the president's </span><a href="https://reason.com/2026/03/10/congress-housing-bill-goes-from-small-supply-booster-to-housing-killer/"><span style="font-weight: 400;">demand</span></a><span style="font-weight: 400;"> for an investor ban was included in the Senate's amendments to the House's housing bill, now called the 21st Century ROAD to Housing Act.</span></p>
<p><span style="font-weight: 400;">Slapping on an investor ban favored by the Republican president and many Democrats was </span><a href="https://reason.com/2026/03/10/congress-housing-bill-goes-from-small-supply-booster-to-housing-killer/"><span style="font-weight: 400;">intended to ensure</span></a><span style="font-weight: 400;"> the bill's quick passage when it went back to the House.</span></p>
<p><span style="font-weight: 400;">But that initial version of the investor ban was so breathtakingly broad that it almost killed the entire bill.</span></p>
<p><span style="font-weight: 400;">In addition to banning large investors (defined as entities that own at least 350 homes) from buying more homes, it required them to sell off their inventory to owner-occupiers, including those that were acquired as part of a build-to-rent development.</span></p>
<p><span style="font-weight: 400;">That provision amounted to an effective ban on new build-to-rent developments, which comprise as much as 10 percent of new single-family home construction.</span></p>
<p><span style="font-weight: 400;">Conservative Republicans such as Sen. Rand Paul (R–Ky.) </span><a href="https://x.com/RandPaul/status/2031147642697159086?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E2031147642697159086%7Ctwgr%5Ed58e6eaa3a190b61c8eb95b2cdb54c139f545101%7Ctwcon%5Es1_&amp;ref_url=https%3A%2F%2Freason.com%2F2026%2F03%2F10%2Fcongress-housing-bill-goes-from-small-supply-booster-to-housing-killer%2F"><span style="font-weight: 400;">came out against the bill</span></a><span style="font-weight: 400;"> and cited the investor ban as the primary reason for their opposition. The coalition of housing supply advocates, who'd previously been major champions of the bill, lobbied hard to soften the investor restrictions and protect build-to-rent housing.</span></p>
<p><span style="font-weight: 400;">Yet the White House continued to urge House Republicans to pass the Senate version with the build-to-rent crackdown without changes.</span></p>
<p><span style="font-weight: 400;">That ended up not happening. While an investor ban made it into the final version of the bill that passed last week, the provisions forcing the sale of build-to-rent housing were nixed.</span></p>
<p><span style="font-weight: 400;">The final version of the 21st Century ROAD to Housing Act did not include all the housing supply provisions that had been included in past iterations of the bill.</span></p>
<p><span style="font-weight: 400;">But it does still include Scott's deregulation of manufactured housing, reforms to the CDBG program, Warren's $200 million "innovation fund" that provides planning grants to states and localities that have liberalized their zoning codes, and some watered-down streamlining of environmental reviews for subsidized housing projects.</span></p>
<p><span style="font-weight: 400;">The 21st Century ROAD to Housing Act is a rare animal.</span></p>
<p><span style="font-weight: 400;">It's generally accepted that Congress does not do substantive policymaking anymore, sticking instead to passing the occasional omnibus spending bill and whatever narrow partisan priorities the party in power can squeeze through.</span></p>
<p><span style="font-weight: 400;">The housing bill sitting on Trump's desk is a counterexample of lawmakers working across the aisle to compile a long list of modest reforms to the status quo that most everyone can live with.</span></p>
<p><span style="font-weight: 400;">Some of the better supply-side ideas did not make the final cut. The investor ban is still bad (for reasons </span><i><span style="font-weight: 400;">Rent Free </span></i><span style="font-weight: 400;">has </span><a href="https://reason.com/2026/01/08/trumps-proposed-ban-on-institutional-investors-owning-single-family-homes-would-make-no-one-better-off/"><span style="font-weight: 400;">previously covered</span></a><span style="font-weight: 400;">). Free market <a href="https://thehill.com/opinion/finance/5912032-housing-affordability-private-market/">wonks have raised reasonable objections</a> that the bill improperly expands the federal government's influence over primarily state and local housing policies.</span></p>
<p><span style="font-weight: 400;">Even so, there is something nice about seeing our system of representative government working as intended for once.</span></p>
<p><span style="font-weight: 400;">Naturally, the bipartisan, marginal nature of the bill could now see it fall apart at the last moment.</span></p>
<p><span style="font-weight: 400;">Trump's "yawn" comment shows that he doesn't think voters will be too upset if a bill of a million little wonky fixes goes down in flames. To the president, the effort Congress put into assembling the bill just gives him more leverage to demand that it pass an unrelated partisan priority of his.</span></p>
<p><span style="font-weight: 400;">Even the bill's inclusion of a large investor ban isn't enough to move the president. The bill's wider goal of increasing housing construction, something the Trump administration is also committed to, doesn't seem to interest him.</span></p>
<p><span style="font-weight: 400;">The whole saga is a good reminder that cynicism about federal politics is rarely misplaced.</span></p>
<hr />
<h1><b>Mamdani Gets His Rent Freeze </b></h1>
<p><span style="font-weight: 400;">On Thursday, New York City's Rent Guidelines Board (RGB) </span><a href="https://www.nytimes.com/2026/06/25/nyregion/nyc-rent-freeze-vote-mamdani.html"><span style="font-weight: 400;">voted 7–1 to freeze rents</span></a><span style="font-weight: 400;"> on one- and two-year leases on the city's close to 1 million rent-stabilized housing units. </span></p>
<p><span style="font-weight: 400;">The vote is unprecedented. While the board froze rents for one-year leases under the Bill de Blasio administration multiple times, it had never frozen rent increases for two-year leases before.</span></p>
<p><span style="font-weight: 400;">The adopted cap is a fulfillment of Mamdani's primary campaign trail promise to "freeze the rent."</span></p>
<p><span style="font-weight: 400;">The mayor celebrated the vote with some dessert-themed content. A short video put out by his office shows a smiling Mamdani </span><a href="https://www.youtube.com/watch?v=lJjLzpW48uU"><span style="font-weight: 400;">announcing</span></a><span style="font-weight: 400;"> the "independent" RGB had adopted a rent freeze while reaching into a freezer to grab an ice cream. In another publicity stunt, the mayor </span><a href="https://www.youtube.com/watch?v=lr2r2HZPQdY"><span style="font-weight: 400;">dropped</span></a><span style="font-weight: 400;"> off a rent freeze cake to tenant activists in Harlem.</span></p>
<p><span style="font-weight: 400;">Sugary desserts are an apt metaphor for the mayor's rent freeze. Everyone likes ice cream at the moment. Eaten in excess, it can cause all sorts of long-term health problems.</span></p>
<p><span style="font-weight: 400;">Such is the case with the adopted rent freeze. Tenants in existing rent-stabilized units will get a short-term benefit of flattened rents. But in the long term, the freeze will accelerate the physical and financial deterioration of the city's rent-stabilized housing stock to the detriment of both tenants and owners.</span></p>
<p><span style="font-weight: 400;">This year's rent freeze puts owners in a difficult position for two interconnected reasons.</span></p>
<p><span style="font-weight: 400;">The first is that the costs of operating multifamily housing have continued to skyrocket. According to the RGB's 2026</span> <a href="https://rentguidelinesboard.cityofnewyork.us/wp-content/uploads/2026/06/Chair-Mitchells-statement.pdf"><span style="font-weight: 400;">estimates</span></a><span style="font-weight: 400;">, operating costs for rent-stabilized buildings increased 5.3 percent. Everything from insurance to tax rates to water, sewer, and fuel costs continues to go up.</span></p>
<p><span style="font-weight: 400;">The RGB is technically an independent board tasked with collecting and reviewing these cost data and then approving rent increases that reflect them.</span></p>
<p><span style="font-weight: 400;">Early in his term, however, Mamdani </span><a href="https://www.nyc.gov/mayors-office/news/2026/02/mayor-mamdani-announces-six-appointees-to-the-rent-guidelines-bo"><span style="font-weight: 400;">appointed six new members</span></a><span style="font-weight: 400;"> to the nine-member board. The stacked board dutifully delivered a rent freeze in spite of these rising costs.</span></p>
<p><span style="font-weight: 400;">One board member, Christina Smyth, a landlord attorney appointed to the board by former Mayor Eric Adams as an owner representative, </span><a href="https://www.nbcnewyork.com/new-york-city/rent-guidelines-board-nyc-vote-thursday/6518193/"><span style="font-weight: 400;">resigned from the RGB board</span></a><span style="font-weight: 400;"> just before the final vote. In a resignation letter, she accused it of crossing a "</span><a href="https://gothamist.com/news/nyc-landlord-rep-accuses-rent-board-of-crossing-a-legal-line-quits-ahead-of-major-vote"><span style="font-weight: 400;">legal line</span></a><span style="font-weight: 400;">" by ignoring the data in the service of giving the mayor his rent freeze.</span></p>
<p><span style="font-weight: 400;">Whether anyone will attempt to challenge the rent freeze in court remains to be seen.</span></p>
<p><span style="font-weight: 400;">The second reason that this year's rent freeze puts rent-stabilized housing in such a tough spot is that the RGB process is effectively the only means by which owners can meaningfully raise rents.</span></p>
<p><span style="font-weight: 400;">In 2019, the state Legislature </span><a href="https://rentguidelinesboard.cityofnewyork.us/resources/rent-regulation-laws/rent-laws-of-2019/"><span style="font-weight: 400;">approved a sweeping update</span></a><span style="font-weight: 400;"> to New York's rent stabilization law that eliminated almost all other avenues by which owners could raise rents.</span></p>
<p><span style="font-weight: 400;">That law eliminated a 20 percent rent increase that landlords could charge on vacant units. It severely limited their ability to pass on the costs of unit improvements and capital investment to tenants via higher rents. It also eliminated the law's luxury decontrol provision, whereby units could be removed from rent stabilization altogether if their legal rents surpassed a certain threshold.</span></p>
<p><span style="font-weight: 400;">The 2019 rent law has placed heavily rent-stabilized buildings (that is, generally older buildings where most or all units are rent-stabilized) in severe financial distress.</span></p>
<p><span style="font-weight: 400;">As Arpit Gupta, an NYU professor and the sole RGB member to vote against the rent freeze, detailed </span><a href="https://www.vitalcitynyc.org/mamdani-rent-freeze-agenda-nyc/"><span style="font-weight: 400;">in a piece</span></a><span style="font-weight: 400;"> for </span><i><span style="font-weight: 400;">Vital City</span></i><span style="font-weight: 400;">, these buildings (which total some 456,000 units) are close to breaking even or even losing money when only their net operating incomes are considered. That notably does not include the costs of financing these buildings.</span></p>
<p><span style="font-weight: 400;">The result is falling maintenance spending, a growing number of uninhabitable vacant apartments where the rents won't cover the repair costs, and a rising number of building bankruptcies.</span></p>
<p><span style="font-weight: 400;">It's in this context that Mamdani has chosen to freeze the rents.</span></p>
<p><span style="font-weight: 400;">Absent changes to the 2019 rent law, one can expect more buildings to go bankrupt and more units to deteriorate into uninhabitability.</span></p>
<p><span style="font-weight: 400;">Mamdani came into office talking a good game about the need to increase new home construction by cutting zoning regulations and permitting times. It was a rare acknowledgement from the socialist politician that supply and demand are real and the private market has its role to play in providing something people need.</span></p>
<p><span style="font-weight: 400;">Even as the mayor warms to capitalism for new housing, he's still deeply committed to socialism for existing units. Therein lies a contradiction. The new units that could be created under a liberalized zoning regime have to be counted against the units lost to a disastrous rent-stabilization regime.</span></p>
<p><span style="font-weight: 400;">Mamdani's supply-side socialism is merely trading more homes for fewer homes.</span></p>
<hr />
<h1><b>Don't Expect the Supreme Court To Kill Rent Stabilization </b></h1>
<p><span style="font-weight: 400;">In the aftermath of New York's rent freeze, there's been a fair amount of <a href="https://nypost.com/2026/06/29/opinion/how-mamdanis-rent-freeze-win-could-come-back-to-bite-him/">speculation</a> about how the U.S. Supreme Court might ultimately step in and save New York from itself.</span></p>
<p><span style="font-weight: 400;">This is largely premised on a short concurring statement Justice Clarence Thomas wrote the </span><a href="https://reason.com/2024/02/20/after-supreme-court-denies-cases-clarence-thomas-offers-hope-to-rent-control-critics/"><span style="font-weight: 400;">last time the court declined</span></a><span style="font-weight: 400;"> to take up a challenge to New York's rent stabilization law. While Thomas agreed the court was right not to review that case, he said that rent control was a pressing issue the justices should consider should a better case present itself.</span></p>
<p><span style="font-weight: 400;">As it happens, there is currently a challenge to New York's rent stabilization law in the works that might see the justices reconsider the court's past permissive rulings on rent control.</span></p>
<p><span style="font-weight: 400;">Earlier this year, a handful of New York property owners and the Small Property Owners of New York (SPONY), a trade association, </span><a href="https://reason.com/2025/11/13/a-new-lawsuit-says-new-yorks-rent-law-is-forcing-landlords-to-keep-apartments-empty/"><span style="font-weight: 400;">filed a federal lawsuit</span></a><span style="font-weight: 400;"> that challenges New York's rent limits on vacant apartments. The case is being litigated by the Institute for Justice.</span></p>
<p><span style="font-weight: 400;">Past challenges to New York's rent law have not fared well in the courts, given the exceptionally high bar courts apply to so-called regulatory takings claims. (That is when an owner argues a regulation has taken their property by reducing its economic value or the productive uses to which it can be put.)</span></p>
<p><span style="font-weight: 400;">These generally can only succeed if a regulation destroys the entire economic value of a piece of property.</span></p>
<p><span style="font-weight: 400;">Lawsuits contending that New York's 2019 rent law is a physical taking because it allows tenants to pass their leases on to family members and prevents landlords from taking their properties off the market have also been rejected by the courts.</span></p>
<p><span style="font-weight: 400;">The SPONY lawsuit might have a better chance of success. That's because it cleverly limits itself to arguing the unconstitutionality of New York's limits on raising rents on vacant apartments.</span></p>
<p><span style="font-weight: 400;">The plaintiffs argue that New York's rent law prevents property owners from raising rents enough to fix up vacant apartments and put them back on the market. The very fact that they're vacant, and thus earning their owner no money, is solid proof that the rent regulations have completely eliminated the economic value of the property.</span></p>
<p><span style="font-weight: 400;">That could well be a compelling enough argument to a majority of Supreme Court justices. But it's also a limited argument that would only apply to New York's limits on raising rents for vacant apartments.</span></p>
<p><span style="font-weight: 400;">The Supreme Court might well overturn those limits on vacant apartments. But in all likelihood, they'd leave the rest of the rent law still standing and still causing all the attendant problems of deteriorating housing quality and increasingly bankrupt buildings.</span></p>
<p><span style="font-weight: 400;">In short, don't expect Thomas to completely save New York housing policy from rent-freezing socialists.</span></p>
<hr />
<h1>Quick Links</h1>
<ul>
<li>Proponents <a href="https://calmatters.org/housing/2026/06/tax-cut-measure-pulled/">pull a proposed initiative</a> to cut real estate transfer taxes from the California ballot.</li>
<li>North Carolina legislators <a href="https://www.axios.com/local/charlotte/2026/06/24/nc-parking-minimums-bill-statewide">advance a bill</a> to eliminate parking minimums statewide.</li>
<li>A new RAND Corporation <a href="https://www.rand.org/pubs/research_reports/RRA4698-1.html">study finds</a> that slashing impact fees would make a lot more housing projects financially viable.</li>
<li>The Massachusetts Supreme Judicial Court <a href="https://www.nenc.news/2026-06-25/massachusetts-high-court-strikes-down-rent-control-ballot-question-on-religious-grounds">has struck</a> a rent control initiative from the state ballot, oddly on religious freedom grounds. Read <em>Rent </em><em>Free</em>'s past coverage of the initiative <a href="https://reason.com/2025/12/30/unlearning-history/">here</a>.</li>
<li>Nashville's mayor <a href="https://www.newschannel5.com/news/state/tennessee/davidson-county/nashville-mayor-moves-to-use-eminent-domain-to-block-data-center-next-to-nashville-zoo">uses eminent domain</a> to block a data center.</li>
</ul>
<p>The post <a href="https://reason.com/2026/06/30/housing-villains/">Housing Villains</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Aaron Schwartz -Pool via CNP/CNP/Polaris/Newscom/Lev Radin/Pacific Press/Newscom/Paul Hakimata/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Donald Trump and Zohran Mamdani]]></media:description>
		<media:title><![CDATA[Trump-Mamdani-Housing Villains]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Democrats' First 'Project 2029' Proposal: More Government Control Over Social Media			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/democrats-first-project-2029-proposal-more-government-control-over-social-media/" />
		<id>https://reason.com/?p=8390995</id>
		<updated>2026-06-30T18:17:16Z</updated>
		<published>2026-06-30T18:17:16Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Cory Booker" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="Media Regulation" />		<summary type="html"><![CDATA[Semafor reported on Project 2029’s "Kids Over Clicks" proposal, which outlines Democrats' plans to regulate social media and AI companies.]]></summary>
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		<p><span style="font-weight: 400;">Democrats are gearing up for the 2028 election and preparing a list of policy priorities—dubbed "Project 2029"—should they retake the White House. The first Project 2029 </span><a href="https://www.project2029foramerica.org/post/kids-over-clicks?utm_source=substack&amp;utm_medium=email"><span style="font-weight: 400;">proposal</span></a><span style="font-weight: 400;"> is not about affordability, healthcare, or foreign policy. No, the Democrats' first proposal concerns children's online safety: the issue fueling lawmakers' bipartisan push to impose greater government control over the internet.</span></p>
<p><i><span style="font-weight: 400;">Semafor</span></i><span style="font-weight: 400;">'s Nicholas Wu first </span><a href="https://www.semafor.com/article/06/28/2026/democrats-project-2029-goes-after-tech-companies-with-online-safety-plan"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> on the "Kids Over Clicks" proposal on Monday. The proposal, Wu wrote, advocates for "narrowing protections under Section 230 of the Communications Decency Act that shield platforms from some liability," banning social media accounts for kids under 16, "designing safer internet platforms," and more.</span></p>
<p><span style="font-weight: 400;">Supporters of the proposal include the author and social scientist Jonathan Haidt, American Federation of Teachers President Randi Weingarten, Sen. Cory Booker (D–N.J.), and New Jersey Democratic Gov. Mikie Sherrill, according to the outlet. Sherrill's involvement comes as no surprise, as she has made </span><a href="https://reason.com/2026/03/13/facing-a-budget-squeeze-new-jersey-decides-to-go-after-big-tech/"><span style="font-weight: 400;">online safety</span></a><span style="font-weight: 400;"> a main focus of her gubernatorial agenda. The first-term governor has proposed creating both an Office of Youth Online Mental Health Safety and a Social Media Research Center in New Jersey. The Kids Over Clicks proposal was written by Rishi Bharwani, the U.S. director of </span><a href="https://www.reset.tech/"><span style="font-weight: 400;">Reset Tech</span></a><span style="font-weight: 400;">, a group dedicated to "countering digital threats to society." Bharwani </span><a href="https://newjerseyglobe.com/governor/sherrill-names-transition-policy-action-teams/"><span style="font-weight: 400;">previously</span></a><span style="font-weight: 400;"> co-chaired Sherrill's children's online safety<strong> </strong>policy team and led Booker's tech policy team.</span></p>
<p><span style="font-weight: 400;">The proposal claims that America is witnessing a "tobacco moment," this time for social media and AI companies, and the government must intervene as it did with the tobacco industry to prevent harm. But this is a fraught comparison, as </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> has </span><a href="https://reason.com/2026/03/31/social-media-is-not-tobacco/"><span style="font-weight: 400;">pointed out,</span></a><span style="font-weight: 400;"> because tobacco is a physical product with measurable side effects, and social media is a vehicle for speech. The distinction matters because any policy regulating speech should be evaluated based on First Amendment grounds, not on its potential to reduce harm.</span></p>
<p><span style="font-weight: 400;">The Kids Over Clicks proposal's call to impose age restrictions on social media sites presents a particularly chilling threat to free speech. As the Electronic Frontier Foundation has </span><a href="https://www.eff.org/pages/age-verification-bills-are-unconstitutional"><span style="font-weight: 400;">warned</span></a><span style="font-weight: 400;">, age verification laws "violate all internet users' rights to access information, impinge on people's right to anonymity, and exacerbate their data and security risks." In the U.K., the Online Safety Act has </span><a href="https://reason.com/2026/06/15/britain-wants-to-ban-teens-from-social-media-the-evidence-suggests-it-wont-work/"><span style="font-weight: 400;">exposed</span></a><span style="font-weight: 400;"> the problems with age verification, as users must fork over their data when they want to view age-restricted content, effectively censoring wide swaths of the internet for children and adults. The censorship implications have not deterred the U.K. government from imposing more regulations, as the country prepares to </span><a href="https://reason.com/2026/06/15/britain-wants-to-ban-teens-from-social-media-the-evidence-suggests-it-wont-work/"><span style="font-weight: 400;">implement a social media ban</span></a><span style="font-weight: 400;"> for teens, which will likely take effect next year. It appears that Project 2029's authors are eager to import similar </span><a href="https://reason.com/2026/04/17/most-young-australians-successfully-evade-the-countrys-social-media-ban/"><span style="font-weight: 400;">policies</span></a><span style="font-weight: 400;"> from abroad, citing </span><a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7284"><span style="font-weight: 400;">Australia</span></a><span style="font-weight: 400;">'s social media ban—which many teens </span><a href="https://www.theguardian.com/australia-news/2026/feb/05/teens-experience-australia-social-media-ban"><span style="font-weight: 400;">have been able to skirt</span></a><span style="font-weight: 400;">—as a successful case study in online safety.</span></p>
<p><span style="font-weight: 400;">It may seem odd that Project 2029 is making its debut by advocating for censorship policies, but </span><i><span style="font-weight: 400;">Semafor</span></i><span style="font-weight: 400;"> reported that the project authors "wanted to start with kids safety because it's among the least politically polarizing topics." </span></p>
<p><span style="font-weight: 400;">This sentiment is, unfortunately, correct. Children's online safety has become a bipartisan issue that lawmakers have used to crack down on personal freedom. Red states, including </span><a href="https://www.fire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content"><span style="font-weight: 400;">Texas</span></a><span style="font-weight: 400;"> and </span><a href="https://www.flsenate.gov/laws/statutes/2024/501.1736"><span style="font-weight: 400;">Florida</span></a><span style="font-weight: 400;">, have enacted online safety laws in the name of protecting children. And on Monday night, the U.S. House of Representatives </span><a href="https://thehill.com/homenews/house/5946180-house-passes-kids-online-safety-package/"><span style="font-weight: 400;">passed</span></a><span style="font-weight: 400;"> the </span><a href="https://docs.house.gov/billsthisweek/20260629/H7757_SUS_xml%20(2).pdf"><span style="font-weight: 400;">Kids Internet and Digital Safety (KIDS) Act</span></a><span style="font-weight: 400;">, a bundle of online safety bills that includes a version of the Kids Online Safety Act (KOSA). The House's version of </span><a href="https://reason.com/2026/06/24/who-owns-your-data/"><span style="font-weight: 400;">KOSA</span></a><span style="font-weight: 400;"> does not include a duty of care provision, making it slightly less restrictive than the Senate's KOSA bill. Still, digital rights </span><a href="https://netchoice.org/netchoice-flags-serious-first-amendment-concerns-with-house-kids-act/"><span style="font-weight: 400;">groups</span></a> <span style="font-weight: 400;">such as </span><a href="https://reclaimthenet.org/the-kids-act-a-bipartisan-mass-surveillance-megabill"><span style="font-weight: 400;">Reclaim the Net</span></a> <span style="font-weight: 400;">warn the KIDS Act raises significant concerns "about government overreach, privacy erosion, and the expansion of online surveillance." If passed, the KIDS Act would also </span><a href="https://pallone.house.gov/media/press-releases/pallone-celebrates-house-passage-bipartisan-kids-act-protect-kids-online"><span style="font-weight: 400;">allow</span></a><span style="font-weight: 400;"> states to enact their own laws regulating social media and AI companies, according to the bill's co-author, Rep. Frank Pallone (D–N.J.).</span></p>
<p><span style="font-weight: 400;">Democrats may be fractured internally, but the party is certainly uniting<strong> </strong>over a winning position in Washington: advocating for more government control over the internet. As Monday night's vote demonstrated, they will find Republican allies who want to regulate the internet, too. If this pro-censorship coalition works diligently enough, it may achieve the goals of the Project 2029 proposal well before the next election.</span></p>
<p>The post <a href="https://reason.com/2026/06/30/democrats-first-project-2029-proposal-more-government-control-over-social-media/">Democrats&#039; First &#039;Project 2029&#039; Proposal: More Government Control Over Social Media</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[New Jersey Senator Cory Booker]]></media:description>
		<media:title><![CDATA[project-2029-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Paul Shapiro</name>
							<uri>https://reason.com/people/paul-shapiro/</uri>
					</author>
					<title type="html"><![CDATA[
				No One Owns the Word Meat			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/no-one-owns-the-word-meat/" />
		<id>https://reason.com/?p=8391014</id>
		<updated>2026-06-30T17:59:01Z</updated>
		<published>2026-06-30T17:59:01Z</published>
			<category scheme="https://reason.com/latest/" term="Food" /><category scheme="https://reason.com/latest/" term="Food Freedom" /><category scheme="https://reason.com/latest/" term="Free Markets" /><category scheme="https://reason.com/latest/" term="Language" /><category scheme="https://reason.com/latest/" term="Meat" />		<summary type="html"><![CDATA[Government shouldn't let incumbents monopolize language. ]]></summary>
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		<p><span style="font-weight: 400;">Critics of the growing plant-based meat business say that unless a burger began with a heartbeat, it has no right to be called "meat."</span></p>
<p><span style="font-weight: 400;">Even as cattlemen-backed state laws on the topic are</span> <a href="https://www.fooddive.com/news/texas-plant-based-meat-labeling-law-struck-down/811513/"><span style="font-weight: 400;">being struck down</span></a><span style="font-weight: 400;"> by courts, both</span><a href="https://www.ncba.org/news-media/news/details/47995/ncba-backs-fair-labels-act-to-ensure-transparency-in-protein-labeling"> <span style="font-weight: 400;">federal lawmakers</span></a><span style="font-weight: 400;"> and their</span> <a href="https://www.euronews.com/2026/03/06/no-clear-environmental-benefit-eu-crackdown-on-meaty-plant-based-labels-sparks-climate-con"><span style="font-weight: 400;">counterparts in Europe</span></a><span style="font-weight: 400;"> are contemplating legislation to ensure that "meat" is a label reserved for foods carved from once-living creatures. As Florida legislator Dean Black (R–Nassau), a cattle rancher,</span> <a href="https://www.theguardian.com/environment/2024/apr/09/us-states-republicans-banning-lab-grown-meat"><span style="font-weight: 400;">put it</span></a><span style="font-weight: 400;">: animal-free meat "is not meat&hellip;it is made by man, real meat is made by God Himself." </span></p>
<p><span style="font-weight: 400;">History is full of examples of established companies pleading with the government to intervene when a new technology disrupts their market. It is protectionism dressed up as consumer protection. Labels like "plant-based burger" or "vegan sausage" don't hide the ball. They tell consumers exactly what they're buying. The real question is whether the government should let incumbent industries monopolize ordinary words.</span></p>
<h1><b>When Ice Was 'Artificial'</b></h1>
<p><span style="font-weight: 400;">More than a century ago, another incumbent industry tried to defend its turf by insisting that a new technology could imitate nature but never deserve nature's name. The product was ice.</span></p>
<p><span style="font-weight: 400;">America's lucrative natural ice industry was being disrupted by a cheaper, cleaner, more reliable competitor: manufactured ice, or as its detractors insisted it be called, artificial ice. </span></p>
<p><span style="font-weight: 400;">The incumbent industry fought back with a message that sounds remarkably familiar today: the new thing was an imitation, an artificial product masquerading as nature's own.</span></p>
<p><span style="font-weight: 400;">The industry even formed the Natural Ice Association of America. In 1910, at the association's second annual convention,</span> <a href="https://www.google.com/books/edition/Cold_Storage_and_Ice_Trade_Journal/tOIyAQAAMAAJ?hl=en&amp;gbpv=1&amp;dq=%22%E2%80%9CIt+is+high+time+for+us+to+stand+up+for+our+rights+and+advertise+throughout%22&amp;pg=RA11-PA28&amp;printsec=frontcover"><span style="font-weight: 400;">its president declared</span></a><span style="font-weight: 400;">: "It is high time for us to stand up for our rights and advertise throughout the country that we stand for what is wholesome and pure, namely, natural ice&hellip;.Man can imitate God but he cannot improve upon Him. Man can imitate Nature and make ice but he cannot improve upon the works of Nature."</span></p>
<p><span style="font-weight: 400;">The anxiety soon extended beyond ice itself to the foods kept cold by the new technology, which were derided as unnatural and unsafe. Natural ice-makers even tied artificially cooled foods to cholera and cancer, a view held by many public health authorities at the time. </span></p>
<p><span style="font-weight: 400;">To show that refrigerated food was safe, the nascent artificial-cooling industry hosted a </span><a href="https://www.newyorker.com/culture/the-weekend-essay/how-the-fridge-changed-flavor"><span style="font-weight: 400;">1911 banquet</span></a><span style="font-weight: 400;"> in Chicago consisting entirely of refrigerated foods. Historian Nicola Twilley notes that the first-of-a-kind meal was widely covered and mocked; one Chicago newspaper previewed it under the headline "To Dine on Embalmed Food." The </span><i><span style="font-weight: 400;">Journal of the American Medical Association</span></i><span style="font-weight: 400;">, meanwhile, had already warned that cold storage posed public health challenges, including "well-known abuses."</span></p>
<p><span style="font-weight: 400;">Of course, the campaign against human-made ice eventually melted away. Today, nobody opens a freezer and asks whether the cubes are "real ice." The source changed, while the name remained the same.</span></p>
<p><span style="font-weight: 400;">Had the natural ice industry persuaded lawmakers to reserve the word "ice" for frozen water harvested from ponds, consumers would not have been protected; competitors would have been.</span></p>
<h1><b>Are Consumers Actually Confused?</b></h1>
<p><span style="font-weight: 400;">Will something similar happen to meats made from plants and fungi? Already, very few people have a hard time understanding that coconut milk didn't come from a cow, or that peanut butter doesn't contain dairy. As plant-based meats improve, many are now rated in</span> <a href="https://arxiv.org/abs/2603.03370"><span style="font-weight: 400;">blind taste tests</span></a><span style="font-weight: 400;"> either as good as or even better tasting than their animal counterparts. With less saturated fat, zero cholesterol, and more fiber, it's no surprise this is now a billion-dollar industry.</span></p>
<p><span style="font-weight: 400;">That is how innovation often works: the experience arrives before the vocabulary catches up. New technologies almost always borrow the language of what they replace before becoming ordinary in their own right.</span></p>
<p><span style="font-weight: 400;">The best we could do for "cars" at first was to call them "horseless carriages," but today, no one thinks our vehicles are "fake carriages" any more than we think digital pictures are "fake photographs." The idea that one could read a book without holding a bundle of papers in their hands would be foreign to past generations too, but no one thinks they're reading a "fake book" when enjoying a novel on their Kindle. And the supercomputer in your pocket certainly isn't an "imitation telephone."</span></p>
<p><span style="font-weight: 400;">Plant-based burgers and meatballs are following the same pattern. For thousands of years, the experience of eating meat required cutting it from an animal's body. Now, human ingenuity has found new ways to deliver much of that same culinary experience without the slaughter.</span></p>
<p><span style="font-weight: 400;">Of course labels should be clear: plant-based meat should say it is plant-based, just as oat milk says it's made from oats and doesn't pretend to come from a cow. </span></p>
<h1><b>Let the Market Decide</b></h1>
<p><span style="font-weight: 400;">Consumers buy plant-based meats for different reasons: taste, price, health, environmental concerns, animal welfare, or simple curiosity. In any case, they know what they're buying. Real confusion comes when old production methods claim ownership of words and new technologies are forced to use descriptors consumers won't recognize. A package labeled "plant-based meat" is not a trick; it is a disclosure. If a label is truthful and clear, the government should not ban it merely because an incumbent industry dislikes the comparison. </span></p>
<p><span style="font-weight: 400;">Ice doesn't have to come from a pond. Transportation doesn't have to come with horses. Photos didn't have to come from film. Books don't have to be printed on paper. And meat, increasingly, does not have to come from a slaughtered animal. All disruptive technologies sound fake right up until the moment everyone starts using them. That's how progress works. The government can't—and shouldn't try—to stop them. </span></p>
<p>The post <a href="https://reason.com/2026/06/30/no-one-owns-the-word-meat/">No One Owns the Word &lt;i&gt;Meat&lt;/i&gt;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Beef burger vs. plant-based burger]]></media:description>
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	</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[
				Support for Graham Platner Is an Elite Phenomenon			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/support-for-graham-platner-is-an-elite-phenomenon/" />
		<id>https://reason.com/?p=8390971</id>
		<updated>2026-06-30T17:28:01Z</updated>
		<published>2026-06-30T17:35:30Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Polls" /><category scheme="https://reason.com/latest/" term="Maine" /><category scheme="https://reason.com/latest/" term="Socialism" />		<summary type="html"><![CDATA[Susan Collins is beating Platner among working-class voters.]]></summary>
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		<p>The left keeps claiming that its candidates purport to speak for working-class people and advance working-class interests, only to discover that supporters of democratic socialism are disproportionately affluent and elite-educated. It's true in New York City—where two democratic socialists just won their primaries—and it's also true in Maine, where Democratic nominee Graham Platner hopes to defeat incumbent Republican Sen. Susan Collins.</p>
<p>Platner's campaign rhetoric often includes dramatic statements about how working people in Maine are falling in love with his <a href="https://workingfamilies.org/2026/03/wfp-endorses-graham-platner-in-maine-senate-race/">extremely progressive</a> economic policies and agree with his tactic of incessantly demonizing the wealthy.</p>
<p>"We have watched this state become essentially unlivable for working-class people, and it makes me deeply angry," he <a href="https://www.youtube.com/watch?v=53bZ_95nDjk">said</a> in his campaign announcement video. "The enemy is the oligarchy. It's the billionaires who pay for it and the politicians who sell us out."</p>
<p>But according to <em>New York Times </em><a href="https://www.nytimes.com/interactive/2026/06/30/polls/times-pph-siena-maine-poll-crosstabs.html">polling</a>, Platner actually trails Collins by roughly 21 points among non-college-educated respondents. Platner's voters are <a href="https://x.com/ShaneGoldmacher/status/2071598351234056604">much more highly educated</a> than Collins' voters, and thus far less likely to be members of the working class, broadly defined.</p>
<p>This is unsurprising, as support for democratic socialism remains <a href="https://reason.com/2026/06/25/democratic-socialism-remains-an-elite-phenomenon/">largely an elite phenomenon</a>. In New York City, Darializa Avila Chevalier, an <a href="https://www.cnn.com/2026/06/29/politics/darializa-avila-chevalier-communism-tweets">outright communist sympathizer</a>, did better with higher-income voters; her opponent, incumbent Rep. Adriano Espaillat, <a href="https://www.thefp.com/p/darializa-avila-chevalier-congress-third-worldism">prevailed in lower-income areas by 40 points</a>.</p>
<p>If democratic socialism is <a href="https://reason.com/2018/06/28/alexandria-ocasio-cortez-socialism-dsa/">once again having a moment</a>, it's not because throngs of working-class voters have finally decided that greater—or even total—government control of the economy and mass wealth redistribution would make their lives better. Rather, it's wealthy and elite-educated leftists inflicting Platner's politics on the rest of their party.</p>
<p>The post <a href="https://reason.com/2026/06/30/support-for-graham-platner-is-an-elite-phenomenon/">Support for Graham Platner Is an Elite Phenomenon</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Graham Platner for Senate/Tom Williams/CQ Roll Call/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Graham Platner and Susan Collins]]></media:description>
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	</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[
				Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/supreme-court-affirms-original-meaning-of-birthright-citizenship-strikes-down-trumps-executive-order/" />
		<id>https://reason.com/?p=8390978</id>
		<updated>2026-06-30T17:17:20Z</updated>
		<published>2026-06-30T17:20:33Z</published>
			<category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Executive order" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Understanding Trump v. Barbara.]]></summary>
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		<p>When the 14th Amendment was introduced in the U.S. Senate in 1866, the first senator to speak out in opposition to it was a Pennsylvania Republican named Edgar Cowan. He objected in part because the Citizenship Clause of the proposed amendment would make American citizens out of the U.S.-born children of unwelcome immigrants. "Is it proposed that the people of California are to remain quiescent while they are overrun by a flood of immigration of the Mongol race?" Cowan asked. And what about the "Gypsies" that he claimed were present in his own state? "These people live in the country and are born in the country. They infest society," he declared. Yet the 14th Amendment's grant of birthright citizenship would cover them, too. "If the mere fact of being born in the country confers that right," Cowan said, "then they will have it; and I think it will be mischievous."</p>
<p>Cowan's objections were answered by another Republican senator, John Conness of California. "I beg my honorable friend from Pennsylvania to give himself no further trouble on account of the Chinese in California or on the Pacific coast," Conness said. "We are entirely ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others."</p>
<p>In a 5–4 decision issued on Tuesday, the U.S. Supreme Court affirmed the original understanding of the Citizenship Clause that was voiced by Conness.</p>
<p>"At issue in this case," Chief Justice John Roberts wrote in <a href="https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf"><em>Trump v. Barbara</em>,</a> "is whether the Constitution guarantees citizenship to children born of parents unlawfully or temporarily present in the United States." The Court rightly held that the Constitution does indeed guarantee birthright citizenship to the U.S.-born children of such parents.</p>
<p>This result has been a long time coming. Eleven years ago, I wrote about then-presidential candidate Donald Trump's attack on birthright citizenship under the headline, <a href="https://reason.com/2015/11/10/trump-vs-the-constitution/">"Trump vs. the Constitution."</a> "If the courts follow the Constitution," I argued, Trump's efforts to undermine the 14th Amendment "will surely fail."</p>
<p><em>Trump v. Barbara</em> makes the failure official. "Citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land,'" the Court held in <em>Barbara</em>. "We keep that promise today."</p>
<p>Writing in dissent, Justice Clarence Thomas argued that the 14th Amendment should be read narrowly to guarantee birthright citizenship only to those newborns whose parents are "subject to the jurisdiction of the government of his domicile." But that is not what the text requires. The text of the 14th Amendment says: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."</p>
<p>To be "subject to the jurisdiction of the United States" means to be subject to the laws and authority of the United States. This meaning was well settled at the time of the 14th Amendment's drafting and ratification. For instance, the 1865 edition of Noah Webster's <em>An American Dictionary of the English Language</em> <a href="https://archive.org/details/americandictiona00websuoft/page/732/mode/2up" data-mrf-link="https://archive.org/details/americandictiona00websuoft/page/732/mode/2up">defined</a> <em>jurisdiction</em>, in the context of a government, as meaning the "power of governing or legislating," "the right of making or enforcing laws," and "the power or right of exercising authority."</p>
<p>Both illegal immigrants and lawful temporary visitors are "subject to the jurisdiction of the United States" under this original meaning because the U.S. government has "the right of making or enforcing laws" that apply against such persons when they are present on U.S. soil. Such persons may be arrested and prosecuted under our laws when they are here. That makes their U.S.-born children birthright citizens under the original meaning of the constitutional text. The majority in <em>Trump v. Barbara</em> was therefore right to reject the nontextualist and unhistorical reading promoted by Thomas and others.</p>
<p>The Supreme Court does not always get it right in cases of such magnitude. This time it did.</p>
<p>The post <a href="https://reason.com/2026/06/30/supreme-court-affirms-original-meaning-of-birthright-citizenship-strikes-down-trumps-executive-order/">Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump&#039;s Executive Order</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Olivier Le Queinec/Dreamstime/Ken Cole/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[A person holding an American flag and the U.S. Supreme Court building]]></media:description>
		<media:title><![CDATA[06.29.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Supreme Court Rules Against Trump in the Birthright Citizenship Case			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/supreme-court-rules-against-trump-in-the-birthright-citizenship-case/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8389800</id>
		<updated>2026-07-01T00:03:28Z</updated>
		<published>2026-06-30T16:47:41Z</published>
			<category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Slavery" />		<summary type="html"><![CDATA[The 6-3 decision is right, and a contrary ruling would have had horrific effects.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/supreme-court-rules-against-trump-in-the-birthright-citizenship-case/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8063419"><img decoding="async" class="alignnone size-medium wp-image-8063419" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg" alt="" width="300" height="199" data-credit="Milla74/Dreamstime" srcset="https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg 300w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1024x680.jpg 1024w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-768x510.jpg 768w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1536x1020.jpg 1536w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-2048x1360.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Milla74/Dreamstime</figcaption></figure> <p>Today the Supreme Court decided <a href="https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf"><em>Trump v. Barbara</em></a>, the birthright citizenship case. A 6-3 majority struck down Donald Trump's executive order denying birthright citizenship status to children of undocumented immigrants born in the United States, and those born to non-citizen parents here on temporary visas. I think the Court got this extremely important decision right. In so doing, they saved hundreds of thousands of people from being subject to deportation - often to a lifetime of poverty and oppression.</p> <p>The dissenting opinions by Justices Clarence Thomas and Samuel Alito mishandle key points. Most notably, they overlook the reality that their positions would have denied birthright citizenship to large numbers of freed slaves and other Blacks, thus negating the central purpose of the Citizenship Clause of the 14th Amendment.</p> <p>The Citizenship Clause states that "[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The Trump administration claims that children of undocumented immigrants and temporary visa-holders are not "subject to the jurisdiction." For many decades, the dominant interpretation of this phrase was that "subject to the jurisdiction" covers all children of parents who are required to obey US law. For example, they can be prosecuted if they commit a crime.</p> <p>The majority opinion written by Chief Justice John Roberts rightly endorses this approach. It traces this rule back to British traditions of birthright citizenship later adopted by the US:</p> <blockquote><p>In 1868, as today, "jurisdiction" (in the context of a sovereign) refers to the "[p]ower of governing or legislating." N. Webster, An American Dictionary of the English Language<br /> 732 (C. Goodrich &amp; N. Porter eds. 1865)&hellip;. To be "subject to" the jurisdiction of the United States, then, is to "liv[e] under" its "dominion," J. Worcester, Dictionary of the English Language 1435 (1860), a meaning reinforced by the Clause's territorial focus on those born "in" the United States. The Citizenship Clause uses jurisdiction in its ordinary sense—referring to the power of the United States to govern those within its territory&hellip;.</p> <p>The scope of that power was well settled in 1868, largely by "the celebrated case" of <em>Schooner Exchange v. McFaddon</em>, 7 Cranch 116&hellip;. Expounding on "general principles," Chief Justice Marshall explained that "jurisdiction" referred to "the full and complete power of a nation within its own territories." 7 Cranch, at 136. That "absolute" power was "susceptible of no limitation not imposed" by the nation itself. Ibid. All sovereigns, however, were understood to have impliedly waived their jurisdiction in "certain peculiar circumstances"—in essence, where exercising jurisdiction would "degrade the dignity" of "foreign sovereigns." Id., at 136–137. As in the context of <em>jus soli</em>, those peculiar circumstances arose most frequently in the case of "foreign ministers." See id., at 138–139. "[E]very sovereign would hazard his own dignity," after all, if his officials abroad were made to "owe temporary and local allegiance to a foreign prince." Id., at 139&hellip;.</p> <p>The ordinary legal meaning of the text of the Clause thus neatly captures the common law rule, with its broad reach and narrow exceptions. The same groups included (and excluded) by jus soli were included (and excluded) by the conventional understanding of jurisdiction. Excluded by both were the children of foreign ministers and members of 19th- century Indian tribes over whom the United States had ceded a part of its territorial jurisdiction to preserve its relationship with a foreign sovereign (or quasi-sovereign).</p> <p>No such intersovereign concerns apply to children born of parents unlawfully or temporarily present in the United States&hellip;.</p></blockquote> <p>As the Court points out, this approach was reinforced by the Supreme Court's ruling in <a href="https://supreme.justia.com/cases/federal/us/169/649/#tab-opinion-1918089" data-sf-ec-immutable=""><em>United States v. Wong Kim Ark</em></a> (1898), which held that birthright citizenship applies to all children of noncitizens born in the United States,  with the exception of children of foreign diplomats, those born on foreign "public ships" in U.S. territorial waters (which remain under the sovereign authority of their home governments), Native Americans born under the rule of tribal governments, and children of soldiers in invading armies occupying U.S. territory.</p> <p>I think this is basically right. And it is reinforced by the main purpose of the Citizenship Clause of the Fourteenth Amendment: granting citizenship to then-recently freed slaves and other Blacks. The 1857 <a href="https://www.oyez.org/cases/1850-1900/60us393" data-sf-ec-immutable=""><em>Dred Scott</em> decision</a> had ruled that Black people (even those who were not slaves) could never be citizens of the United States. The Citizenship Clause was intended to reverse this terrible decision. As I explained in <a href="https://www.lawfaremedia.org/article/slavery-and-birthright-citizenship">a <em>Lawfare</em> article</a>, every argument offered by the Trump Administration and its supporters would also have denied citizenship to large numbers of freed slaves, their children, and other Black people.</p> <p>In a lengthy dissent partly joined by Justice Gorsuch, Justice Clarence Thomas argues that "subject to the jurisdiction" excludes children people who are not "domiciled" in the United States, and undocumented immigrants and temporary visa holders do not have such domiciles. But, as Thomas himself recognizes,  the main purpose of the Citizenship Clause  was "ensuring that all black Americans, both the newly freed slaves and those who were free before the war, would be treated as citizens of the United States and of the States in which they lived." His domicile theory is at odds with that objective.</p> <p>As explained in <a href="https://www.lawfaremedia.org/article/slavery-and-birthright-citizenship">my <em>Lawfare</em> article</a>, many thousands of slaves were brought into the United States illegally after the US banned the slave trade in 1808. If illegal entry is enough to vitiate domicile, these people and their descendants would not - under Thomas's approach - be entitled to birthright citizenship. In the article, I point out this and other related flaws in the domicile theory:</p> <blockquote><p>If  "domicile" simply means living in the United States, then both slaves and illegal migrants obviously qualify. If it means living in the U.S. legally, then undocumented migrants can be excluded. But the same goes for slaves brought in illegally. And&hellip; there were many such illegally transported slaves.</p> <p>Moreover, to the extent that the Supreme Court has held that "domicile" matters for jurisdiction, it also requires that any legal change of domicile must be voluntary. For example, in <a href="https://supreme.justia.com/cases/federal/us/490/30/" data-sf-ec-immutable="">a 1989 case</a> involving a conflict between state and tribal jurisdiction over the adoption of Native American children, the Court ruled that  "[o]ne acquires a 'domicile of origin' at birth, and that domicile continues until a new one (a 'domicile of choice') is acquired." Nineteenth century jurists held similar views. For example, in the 1890 case of <a href="https://supreme.justia.com/cases/federal/us/134/351/" data-sf-ec-immutable=""><em>Penfield v. Chesapeake O. &amp; S.W. R. Co.</em></a>, the Supreme Court held that "No length of residence, without the intention of remaining, constitutes domicile" in a case where state jurisdiction over a case turned on residency&hellip;. Most, if not all, slaves forcibly brought to the U.S. obviously had no "intention of remaining" but would have preferred to be returned to their original homes. On this theory, undocumented migrants actually have a stronger claim to domicile than slaves did, since the former come voluntarily and generally <a href="https://www.pbs.org/newshour/nation/analysis-who-are-the-immigrants-who-come-to-the-u-s-heres-the-data#:~:text=Undocumented%20immigrants%20are%20staying%20in,in%20the%20U.S.%20that%20long." data-sf-ec-immutable="">have every intention of remaining indefinitely</a>.</p> <p>In sum, either children of undocumented migrants and temporary visa holders satisfy any relevant domicile requirement, or that requirement would exclude all or most slaves and their descendants.</p></blockquote> <p>In his separate dissent, Justice Gorsuch raises an additional criticism of Thomas' theory (which explains why he joins Thomas only as to the status of children of temporary visitors, while potentially excluding undocumented migrants who wish to remain in the US indefinitely):</p> <blockquote><p>Perhaps <em>Wong Kim Ark</em> does not squarely foreclose the government's position. After all, that case addressed a child born to parents who lawfully resided in this country. Still, I wonder: Is a child born here to parents who have long chosen to make this Nation their permanent home not a citizen under the Fourteenth Amendment solely because his parents' presence violates statutory law? If those parents are not domiciled here, then where are they domiciled? And if the answer is nowhere, how can we reconcile that conclusion with this Court's longstanding recognition that every person is domiciled somewhere?</p></blockquote> <p>This is correct. But worth nothing that slaves, of course, did not choose to make their homes in the US at all.</p> <p>In a separate dissent, Justice Alito argues that the Citizenship Clause "confers citizenship on only those children who, at birth, owe allegiance solely to this country." Children of illegal migrants and temporary visa-holders, he contends, may owe allegiance to their parents' countries of origin. As I explained in my article, this theory, too, would deny birthright citizenship to freed slaves:</p> <blockquote><p>If, as this theory assumes, people owe allegiance to the government of the country they are born in, it obviously applies to virtually all freed slaves as well, even those brought into the U.S. legally.</p> <p>Africans captured and sold to slave traders owed "allegiance" to the rulers of their homelands just as much as illegal migrants or temporary visa-holders do. Indeed, the former likely had stronger ties of allegiance than the latter, since captured slaves—unlike migrants—had no desire to leave their homelands and live under the rule of the U.S. government instead.</p> <p>Contrary to racist stereotypes, many West African rulers of the 18th and 19th centuries had considerably developed states&hellip;. And even more primitive tribal rulers could still claim allegiance from their subjects, as the U.S. government recognized in the case of Native American tribal governments.</p> <p>This is part of the reason why <a href="https://nyulawreview.org/online-features/subject-to-the-jurisdiction-thereof-the-indian-law-context/" data-sf-ec-immutable="">children born on Native American reservations</a> run by such governments are among the few categories of people born in the United States who were not historically understood to be given birthright citizenship by the Citizenship Clause&hellip;.</p> <p>The Trump administration and some of its amici, such as <a href="https://www.supremecourt.gov/DocketPDF/25/25-365/392842/20260127175852031_Trump%20v%20Barbara%20-%20Wurman%20Amicus%20Brief%20-%20FINAL.pdf" data-sf-ec-immutable="">Ilan Wurman</a>, combine the "allegiance" argument with the idea that illegal migrants are not under U.S. jurisdiction because they are not under the "protection" of the U.S. government. Randy Barnett and Wurman <a href="https://www.nytimes.com/2025/02/15/opinion/trump-birthright-citizenship.html" data-sf-ec-immutable="">have argued</a> that birthright citizenship applies only to the children of people who have entered into a "social compact" and an "allegiance-for-protection" exchange with the U.S. government.</p> <p>But, as I pointed out in an <a href="https://reason.com/volokh/2025/02/15/birthright-citizenship-a-response-to-barnett-and-wurman/" data-sf-ec-immutable="">earlier critique</a> of the Barnett-Wurman argument, slaves obviously were not part of any social compact under which they traded allegiance for protection. Far from protecting them, state and federal governments facilitated their brutal oppression at the hands of their masters. Indeed, illegal migrants and temporary visa holders actually get far <em>more</em> protection from the U.S. government than slaves did. While undocumented immigrants are subject to deportation, U.S. authorities still, at least to some extent, protect them against enslavement, forced labor, and assault. Temporary visa holders get still more protection, as they can seek protection from law enforcement without fear of getting deported.</p></blockquote> <p>In a concurring opinion, Justice Kavanaugh argues that the Trump executive order is illegal under a federal law enacted in 1940, but not under the Fourteenth Amendment. He contends that illegal migration was a problem largely unknown in 1868, and that the Citizenship Clause should not be understood in a way that precludes addressing this supposedly "new and different circumstance." But, as already noted, illegal entry of slaves was not a novel issue at all, and the Citizenship Clause was intended to cover such people. Moreover, even if there were few federal immigration restrictions prior to 1868, many state governments did have such restrictions, and it is notable that the Citizenship Clause grants state citizenship as well as the federal kind. Illegal entry was no obstacle to the latter, and the same logic applies to the former.</p> <p>Kavanaugh also states that the  "only apparent principle unifying the four disparate exceptions listed by the Court in <em>Wong Kim Ark</em>—especially in light of the exception for tribal American Indians—is that the parents in all of those varied circumstances were not U. S. citizens and were citizens of other nations, whether tribal or foreign." He claims this unifying principle also covers children of undocumented immigrants and temporary visa holders. In reality, these four exceptions are also unified by their exemption from many or all US laws. In addition, as already noted, any theory under which the latter two categories could be added to the list of exceptions would also cover numerous freed slaves and other Blacks.</p> <p>In a concurring opinion, Justice Ketanji Brown Jackson rightly emphasizes the links between the Citizenship Clause and Black Americans lengthy struggle for freedom and equal rights. She explains how the Citizenship clause is based on a "universalist approach" to liberty and equality, as opposed to one limited to a specific group.</p> <p>I think she is generally right on this, and there are many eloquent quotes and notable historical points in her opinion. But it is worth noting that the Citizenship Clause itself does not fully live up to these universalist aspirations. As I explained in <a href="https://reason.com/volokh/2026/04/04/birth-right-citizenship-as-a-second-best-policy/">a post on why birthright citizenship is a "second-best" policy</a>, the Fourteenth Amendment makes citizenship dependent on morally arbitrary circumstances of location of birth, which is not entirely dissimilar to the rules based on race and ancestry that Jackson and nineteenth century advocates of racial equality rightly condemned. A fully universalistic policy would eliminate such distinctions entirely.</p> <p>That said, the moral limitations of the Citizenship Clause do not vitiate its legal validity. And today's decision is vastly preferable to one that would have upheld Trump's executive order, thereby subjecting hundreds of thousands of people to deportation.</p> <p>UPDATE: For those interested, I have posted a compendium of all my writings on the birthright citizenship issue <a href="https://reason.com/volokh/2026/06/22/compendium-of-writings-about-birthright-citizenship/">here</a>.</p><p>The post <a href="https://reason.com/volokh/2026/06/30/supreme-court-rules-against-trump-in-the-birthright-citizenship-case/">Supreme Court Rules Against Trump in the Birthright Citizenship Case</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Milla74/Dreamstime]]></media:credit>
		<media:title><![CDATA[BabyAmericanFlagDreamstime]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jason Russell</name>
							<uri>https://reason.com/people/jason-russell/</uri>
						<email>jason.russell@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The World Cup Experience Lives Up to the Hype			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/the-world-cup-experience-lives-up-to-the-hype/" />
		<id>https://reason.com/?p=8390906</id>
		<updated>2026-06-30T15:52:01Z</updated>
		<published>2026-06-30T15:52:01Z</published>
			<category scheme="https://reason.com/latest/" term="Baseball" /><category scheme="https://reason.com/latest/" term="Football" /><category scheme="https://reason.com/latest/" term="Online Gambling" /><category scheme="https://reason.com/latest/" term="Soccer" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="betting markets" /><category scheme="https://reason.com/latest/" term="Gambling" />		<summary type="html"><![CDATA[Plus: How sportsbooks moved online and changed sports betting forever.]]></summary>
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		<p><span style="font-weight: 400;">Hello and welcome to another edition of </span><i><span style="font-weight: 400;">Free Agent</span></i><span style="font-weight: 400;">! </span><a href="https://x.com/TheAthleticFC/status/2071753964861665398"><span style="font-weight: 400;">Keep your hands off each other</span></a><span style="font-weight: 400;"> this week, or VAR may kill all your hopes and dreams.</span></p>
<p><span style="font-weight: 400;">Your humble newsletter writer is on his way home from a World Cup road trip as we speak, so today's newsletter talks about that experience. Then I borrow from a book excerpt that <em>Reason </em>just published about the history of sports betting. I think you'll like it! The last section has my latest podcast appearance.</span></p>
<p><span style="font-weight: 400;"></span></p>
<h1><b>Locker Room Links</b></h1>
<ul>
<li aria-level="1">The Supreme Court <a href="https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf">just upheld</a> the Idaho and West Virginia laws that <a href="https://www.espn.com/college-sports/story/_/id/49225515/supreme-court-upholds-state-laws-banning-transgender-athletes">ban transgender females from girls' and women's sports</a>. (<a href="https://reason.com/2026/01/14/brett-kavanaugh-is-rightly-skeptical-of-a-nationwide-ruling-on-trans-athletes/">Here's my take on this</a> after oral arguments over these cases).</li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Baseball's players union </span><a href="https://x.com/JeffPassan/status/2070324880638173267"><span style="font-weight: 400;">wants to ban prop bets</span></a><span style="font-weight: 400;">.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The NHL is </span><a href="https://www.nhl.com/news/nhl-exploring-texas-expansion-opportunities-in-houston-and-austin"><span style="font-weight: 400;">officially considering expansion</span></a><span style="font-weight: 400;"> in Texas.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">As I've been thinking and saying, there's a very good chance the men's </span><a href="https://x.com/BBCMOTD/status/2070449986593234966"><span style="font-weight: 400;">World Cup comes back to the U.S.</span></a><span style="font-weight: 400;"> in 2038.</span></li>
<li><span style="font-weight: 400;">That'll fix it: After South Korea crashed out of the World Cup without making the knockouts, </span><a href="https://www.goal.com/en/lists/south-korea-president-calls-for-thorough-investigation-into-dismal-2026-world-cup-campaign-head-coach-resigns/blta0d538025549f446"><span style="font-weight: 400;">the country's president wants a thorough investigation</span></a><span style="font-weight: 400;">. (Maybe the taxpayer funds are the problem!)</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Reminder that the big TV networks still draw the most viewers for sports, and FOX is giving the World Cup </span><a href="https://x.com/Braylon_Breeze/status/2069518194692297118"><span style="font-weight: 400;">more exposure in the U.S.</span></a><span style="font-weight: 400;"> than any other network can.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Meanwhile, ESPN is </span><a href="https://x.com/OfficialPDC/status/2070200537950101637"><span style="font-weight: 400;">betting big on darts</span></a><span style="font-weight: 400;">?</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The NCAA is officially adopting </span><a href="https://x.com/RossDellenger/status/2069483893980348853"><span style="font-weight: 400;">a five-year, age-based eligibility rule</span></a><span style="font-weight: 400;">. (People are </span><a href="https://x.com/MattNorlander/status/2069487119110676911"><span style="font-weight: 400;">going to sue</span></a><span style="font-weight: 400;"> over it.)</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Elsewhere in </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">, a new video from Zach Weissmueller to watch as you prepare to celebrate America 250: "</span><a href="https://reason.com/video/2026/06/29/the-american-revolution-isnt-over/"><span style="font-weight: 400;">The American Revolution Isn't Over.</span></a><span style="font-weight: 400;">"</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Brendan Sorsby can't play in the NCAA, NFL, or CFL—but maybe the UFL is still an option?</span><span style="font-weight: 400;"><br />
</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The Houston Gamblers have the chance to do the funniest thing ever. <a href="https://t.co/KKTTILoGkE">https://t.co/KKTTILoGkE</a></p>
<p>&mdash; Robert Behrens (@rcb05) <a href="https://x.com/rcb05/status/2069486175551652021?ref_src=twsrc%5Etfw">June 23, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></li>
</ul>
<h1><b>The World Cup Experience Lives Up to the Hype</b></h1>
<p><span style="font-weight: 400;">After months of planning, hours of driving, and thousands of dollars spent, my in-person participation in the World Cup has come to an end.</span></p>
<p><span style="font-weight: 400;">Was it worth it? Absolutely.</span></p>
<p><span style="font-weight: 400;">I, along with three others, went to Philadelphia for Croatia and Ghana's group stage match—an entertaining back-and-forth affair that Croatia won 2–1, though the stakes were low, as both teams were almost certain to avoid elimination. From Philadelphia we drove up to Foxboro, Massachusetts, to see the round of 32 match between Paraguay and Germany (whom I've spent two decades watching and supporting because of heritage that is admittedly a smaller part of my ancestry than I once thought). Paraguay had already parked the bus before they managed to score a first-half goal. Germany tied it up in the second half and </span><a href="https://www.espn.com/soccer/team-stats/_/gameId/760489"><span style="font-weight: 400;">undoubtedly outplayed them</span></a><span style="font-weight: 400;">, but couldn't make it matter on the scoreboard. A goal in extra time was </span><a href="https://x.com/IanDarke/status/2071727961275842893"><span style="font-weight: 400;">called off</span></a><span style="font-weight: 400;"> for a foul that is </span><a href="https://x.com/TheAthleticFC/status/2071753964861665398"><span style="font-weight: 400;">probably not called more often</span></a><span style="font-weight: 400;">. Germany fell behind early in penalty kicks but clawed their way back level, only to lose it heartbreakingly in the sixth round of kicks.</span></p>
<p><span style="font-weight: 400;">My family takes a lot of sports-related trips, so I'm often asking them, "Well, other than the loss, how was the trip?" To answer my own question: Great, but the result is kind of a big deal, too. I didn't expect Germany to win the whole tournament, but I did expect them to at least win the one game I was at—where they were heavy favorites—which was my first time seeing the German team in person. The sadness is less about losing to Paraguay and more about the denial of communal joy I'd hoped to experience with the other German fans, the unrelenting positive vibes that would have fueled me for a couple more days, and the lifelong memory of having seen Germany triumph in an elimination game in the World Cup.</span></p>
<p><span style="font-weight: 400;">So missing out on that opportunity sucked. But, as I said, the trip was still worth the time, money, and energy we invested into it. Watching a crushing loss is always a possibility when you travel to see teams you love.</span></p>
<p><span style="font-weight: 400;">In hindsight, especially with </span><a href="https://www.ticketdata.com/performer/world-cup-soccer"><span style="font-weight: 400;">some games commanding a $1,000-plus get-in price</span></a><span style="font-weight: 400;">, it actually seems like we did the World Cup on the cheap. I don't think we spent more than $1,000 per person on tickets, lodging, transportation, and food combined for two games and four days on the road. We spent about $220 per ticket on FIFA's Category 2 tickets (</span><a href="https://reason.com/2026/03/10/am-i-an-evil-selfish-scalper-for-selling-my-world-cup-tickets-for-a-profit/"><span style="font-weight: 400;">subsidized by scalping other tickets</span></a><span style="font-weight: 400;">) and both times ended up in upper deck seats near midfield. I picked games within driving distance (although one of us flew in from the Midwest) and stayed with friends where we could—where we couldn't, just a week out from our stay we still managed to book a reasonably cheap hotel 40 minutes from Foxboro without having to worry about bedbugs.</span></p>
<p><span style="font-weight: 400;">I'm left wishing I had actually spent more to see another game. The initial prices to go see the U.S. team now seem like they would have been worthwhile, even with the cost of a cross-country flight and hotel.</span></p>
<p><span style="font-weight: 400;">Here are a few bits of advice for anyone considering a World Cup or soccer trip. Since soccer is expansive and played up and down a large field, there's not a bad seat in the stadium—at least for viewing gameplay. Being in or near the energetic supporters section would probably be even more fun (I was generally sitting around fellow Americans, but they weren't neutrals, they had rooting interests). Worry more about the quantity of games you're going to rather than getting really good tickets to fewer games.</span></p>
<p><span style="font-weight: 400;">If you're going to go to the World Cup, you should </span><i><span style="font-weight: 400;">go to the World Cup</span></i><span style="font-weight: 400;">: Get to the stadium area early and meet other fans, take in the vibes, and get yourself more hyped up. Don't just show up right before kickoff and leave right after. While you're on the trip, go to a Fan Fest and a watch party and immerse yourself in the tournament.</span></p>
<p><span style="font-weight: 400;">Sometimes I hate soccer. Sometimes I love it. The World Cup is great. FIFA deserves to make billions of dollars off of this!</span></p>
<h1><b>Your Sports Summer Beach Read?</b></h1>
<p><span style="font-weight: 400;">I have an excerpt to share with readers this week from David Bockino's recent book </span><a href="https://www.amazon.com/exec/obidos/ASIN/B0FWZXTYB5/reasonmagazinea-20/"><i><span style="font-weight: 400;">Over/Under: An Unexpected History of Sports Betting</span></i></a><span style="font-weight: 400;">. I really enjoyed the book and recommend it—the chapters are very digestible, and I was sad to reach its end. The history of sports betting in the U.S. is so much more than the Black Sox scandal, Pete Rose, and the widespread legalization of sports betting in the last decade. The writing is more descriptive than prescriptive, so readers are left smarter and able to form their own opinions.</span></p>
<p><span style="font-weight: 400;">I learned a lot from the book, and I think you'll enjoy this excerpt from its last two chapters.</span></p>
<h1><b>The Mob Used To Run Sports Betting. Now DraftKings and FanDuel Do.</b></h1>
<p><i><span style="font-weight: 400;">By David Bockino</span></i></p>
<p><span style="font-weight: 400;">In May 1995, a supporters group associated with the English football club Stoke City FC launched a campaign demanding wholesale changes to their beloved team. At the time, Stoke City played in Division One, the competition just below the top tier, three-year-old English Premier League (EPL). At the conclusion of every season the best clubs in the First Division get bumped up to the EPL to compete against heavyweights like Manchester United and Liverpool. But Stoke City was languishing, and hope that it would get promoted any time soon was fading. In an advertisement published in a local newspaper, the group asked, "Does the club's present level of investment in players provide for a real promotion challenge in the future?" Much of the ire was directed toward Stoke City chairman and majority shareholder Peter Coates. Owner of a catering business and a collection of betting shops, Coates had been in charge of Stoke for close to a decade. "Whenever a club is seen not to be doing well there always has to be someone to blame," he said a few days after the group's ad. The problem, Coates explained, was a lack of resources. The money being poured into clubs like Blackburn, winners of the English Premier League title, is "the exception to the rule. Generally this does not happen and we would love such a sugar daddy at Stoke. But I don't think we are going to get one." He was right. No man was going to save Stoke City. But a woman would.</span></p>
<p><span style="font-weight: 400;">On January 10, 1998, Stoke City suffered its worst home defeat in history, a 7–0 drubbing by Birmingham City. No longer content with strongly worded missives, angry supporters stormed the field: "They came through the door like a herd of buffaloes," a former Stoke City player told a reporter. A few days later, Coates resigned as chairman. A few months later, Stoke City was relegated to the Second Division. Almost two years later, Stoke City was sold to a consortium of investors from Iceland.</span></p>
<p><span style="font-weight: 400;">No longer in charge of a football club, Peter Coates returned to the corporate world to find that his daughter had big plans for the family business. Denise, an econometrics graduate from the University of Sheffield, had doubled the number of betting shops and grown revenue. But her real ambition was to shed the brick-and-mortar model to focus on the internet. Cognizant of the startup costs needed to compete with the offshore operators, Denise mortgaged the buildings and took out a loan. She purchased the domain name bet365.com for $25,000 and in March 2001 launched the company's website. Four years later, all the shops had been sold and resources were being poured into the online business.</span></p>
<p><span style="font-weight: 400;">Her bet on the future of the internet paid off (maybe as well as any bet has ever paid off). With Coates' focus on technology, customer service, and marketing, bet365 became one of the most popular online gambling websites in the world, generating far more revenue than the retail shops ever had. Suddenly the Coates family was flush with cash. In 2006, they bought Stoke City FC back from the Iceland group and Peter Coates resumed his role as chairman. With its newfound wealth, the family could now provide the resources needed to elevate the club's fortunes. Two years later, much to the delight of its rabid fans, Stoke City finished in second place and was promoted to the English Premier League. Just a decade after her father's acrimonious exit, Denise Coates had used gambling money to give her community what they had always wanted: a world-class football club.</span></p>
<p><a href="https://reason.com/2026/06/29/the-mob-used-to-run-sports-betting-now-draftkings-and-fanduel-do/"><i><span style="font-weight: 400;">Read the rest of the book excerpt here.</span></i></a></p>
<h1><b><i>Freed Up</i></b><b> on the World Cup</b></h1>
<p><span style="font-weight: 400;">I went on </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s </span><i><span style="font-weight: 400;">Freed Up</span></i><span style="font-weight: 400;"> podcast again with Robby Soave last week to talk about New York City's socialists, discuss the World Cup, and rate dragon names.</span></p>
<p><iframe loading="lazy" title="Dragons Invade the Soviet Socialists Republic of New York" width="500" height="281" src="https://www.youtube.com/embed/pH4G0BC2_lE?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>
<h1><b>Replay of the Week</b></h1>
<p><span style="font-weight: 400;">The fact that this happened to another team is the only small comfort I have after Germany's loss (The last replay shows it best.)</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">An insane way for this PK to sneak in for Morocco <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f92f.png" alt="🤯" class="wp-smiley" style="height: 1em; max-height: 1em;" /> <a href="https://t.co/sUBe1cj69K">pic.twitter.com/sUBe1cj69K</a></p>
<p>&mdash; FOX Sports (@FOXSports) <a href="https://x.com/FOXSports/status/2071803622023917815?ref_src=twsrc%5Etfw">June 30, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p><span style="font-weight: 400;">That's all for this week. Enjoy watching the real event of the weekend, the Nathan's Famous Hot Dog Eating Contest (</span><a href="https://www.espn.com/watch/player/_/id/fa9e406b-a8cc-4a58-ae9b-c90119b314ba"><span style="font-weight: 400;">July 4, noon Eastern</span></a><span style="font-weight: 400;">).</span></p>
<p>The post <a href="https://reason.com/2026/06/30/the-world-cup-experience-lives-up-to-the-hype/">The World Cup Experience Lives Up to the Hype</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Jason Russell]]></media:credit>
		<media:description type="html"><![CDATA[A man in a 2014 Germany soccer jersey holds up a scarf that says DEUTSCHLAND on it, standing in the stands above a soccer field with the Paraguayan and German flags on it.]]></media:description>
		<media:title><![CDATA[Jason-germany-FIFA-6-30]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Jason-germany-FIFA-6-30-1200x675.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[
				NPR Announces, and Retracts, Alito Retirement Story			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/npr-announces-and-retracts-alito-retirement-story/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390937</id>
		<updated>2026-06-30T16:27:10Z</updated>
		<published>2026-06-30T15:40:27Z</published>
					<summary type="html"><![CDATA[There needs to be more of an explanation what happened.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/npr-announces-and-retracts-alito-retirement-story/">
			<![CDATA[<p>With the birthright citizenship opinion handed down, I thought we were done for the term. But at 10:51 ET, NPR posts a <a href="https://reason.com/wp-content/uploads/2026/06/2026-06-30-NIna.pdf">story</a> with Nina Totenberg's <a href="https://reason.com/wp-content/uploads/2026/06/2026-06-30-NIna.pdf">byline</a>: "Justice Samuel Alito, who wrote the opinion overturning Roe v. Wade, retires."</p> <p><img decoding="async" class="size-large wp-image-8390939 aligncenter" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/2026-06-30-NPR-940x1024.jpg" alt="" width="940" height="1024" srcset="https://reason.com/wp-content/uploads/2026/06/2026-06-30-NPR-940x1024.jpg 940w, https://reason.com/wp-content/uploads/2026/06/2026-06-30-NPR-275x300.jpg 275w, https://reason.com/wp-content/uploads/2026/06/2026-06-30-NPR-768x837.jpg 768w, https://reason.com/wp-content/uploads/2026/06/2026-06-30-NPR-1409x1536.jpg 1409w, https://reason.com/wp-content/uploads/2026/06/2026-06-30-NPR.jpg 1648w" sizes="(max-width: 940px) 100vw, 940px" /></p> <p>The story had no actual details about the retirement, but included a lengthy profile of Justice Alito. It seems this piece was pre-written just in case of a retirement.</p> <p>About 15 minutes later, the story was taken down. (I preserved a <a href="https://reason.com/wp-content/uploads/2026/06/2026-06-30-NIna.pdf">PDF</a>.) There is now an Editors Note;</p> <blockquote><p>Editors Note: Earlier today we erroneously published a story saying that Supreme Court Justice Samuel Alito was retiring. He has not announced his retirement and we have retracted the story.</p></blockquote> <p>Why was it published? Did someone make a mistake an erroneously click "submit." Or did Nina Totenberg green-light the story? I think NPR should provide an explanation of what happened here. These sorts of announcements can move markets and have a huge impact before they are corrected.</p> <p>This mess-up brings to mind the faulty reporting about <em>NFIB v. Sebelius </em>in 2012.</p> <p><img decoding="async" class="size-full wp-image-8390945 aligncenter" src="https://reason.com/wp-content/uploads/2026/06/cnn_mandate_down.jpeg" alt="" width="648" height="365" srcset="https://reason.com/wp-content/uploads/2026/06/cnn_mandate_down.jpeg 648w, https://reason.com/wp-content/uploads/2026/06/cnn_mandate_down-300x169.jpeg 300w, https://reason.com/wp-content/uploads/2026/06/cnn_mandate_down-600x338.jpeg 600w, https://reason.com/wp-content/uploads/2026/06/cnn_mandate_down-331x186.jpeg 331w" sizes="(max-width: 648px) 100vw, 648px" /></p> <p><strong>Update</strong>: <a href="https://www.mediaite.com/media/news/npr-mistakenly-reports-justice-alito-is-retiring-from-supreme-court-published-in-error/">Mediaite</a> has more details on the retraction.</p><p>The post <a href="https://reason.com/volokh/2026/06/30/npr-announces-and-retracts-alito-retirement-story/">NPR Announces, and Retracts, Alito Retirement Story</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[
				The Final Recap of Authorship Predictions			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/the-final-recap-of-authorship-predictions/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390919</id>
		<updated>2026-06-30T14:39:35Z</updated>
		<published>2026-06-30T14:39:35Z</published>
					<summary type="html"><![CDATA[I correctly predicted that Coach Kavanaugh would have the transgender sports cases and the Chief would write birthright citizenship. I&#8230;
The post The Final Recap of Authorship Predictions appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/the-final-recap-of-authorship-predictions/">
			<![CDATA[<p>I <a href="https://reason.com/volokh/2026/06/29/recap-of-todays-opinions-and-predictions-for-the-final-four-cases/">correctly predicted</a> that Coach Kavanaugh would have the transgender sports cases and the Chief would write birthright citizenship. I was wrong about Alito authoring <em>NRSC</em>, but that means he did not write anything in December, which gives weight to my theory that Alito <a href="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/">lost the majority opinion in <em>Hamm v. Smith</em></a>.</p>
<p>I will have much more to say about today's cases, and yesterday's cases, and last week's cases, in due course.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/the-final-recap-of-authorship-predictions/">The Final Recap of Authorship Predictions</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</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[
				Iran's Intransigence			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/irans-intransigence/" />
		<id>https://reason.com/?p=8390894</id>
		<updated>2026-06-30T13:20:33Z</updated>
		<published>2026-06-30T13:30:13Z</published>
			<category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Hezbollah" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="Peace" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Plus: Rent freeze, conservatism, breadwinners by gender, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/30/irans-intransigence/">
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		<p><strong>Iran really wants that maritime traffic: </strong>"Iran's Foreign Ministry denied Monday that its negotiators would be meeting with U.S. officials in Qatar on Tuesday after President Trump announced the talks would resume at Tehran's request," <a href="https://www.cbsnews.com/live-updates/us-iran-war-peace-talks-timetable-unclear-strait-of-hormuz-clashes/">reports</a> CBS News. "Both sides <span class="link"><a href="https://www.cbsnews.com/live-updates/us-iran-war-israel-hezbollah-strait-of-hormuz-peace-deal-talks/" target="_blank" rel="noopener" data-invalid-url-rewritten-http="">exchanged strikes</a></span> over the weekend, testing the fragile ceasefire."</p>
<p>Meanwhile, Iranian official Kazem Gharibabadi <a href="https://www.bloomberg.com/news/articles/2026-06-29/iran-ratchets-up-talk-of-controlling-hormuz-ahead-of-new-talks?srnd=homepage-americas">told</a> state TV that the regime really wants to work out a deal with Oman (which borders the south of the strait) to oversee ships passing through Hormuz, but that "if for any reason Oman is not interested in doing so," Iran will move forward, doing its own.</p>
<p>"We have warned the Omanis that other countries have no right to interfere in this matter," he added.</p>
<p><span data-sheets-root="1"></span></p>
<p>"Under the memorandum of understanding signed with Washington on 18 June, substantive talks over Iran's nuclear programme do not need to start until the lifting of the blockade of the strait—something Iran is required to use only 'its best endeavours' to achieve," <a href="https://www.theguardian.com/world/2026/jun/29/oman-safe-reopening-strait-hormuz-iran-us-middle-east">writes</a> <em>The Guardian</em>'s Patrick Wintour. "Iran is adopting a maximalist interpretation of the memorandum, decreeing that it alone can lift the blockade. Jealously guarding this prerogative, it has been resisting the involvement of any other country or institution in opening the strait."</p>
<p>"But Oman, a neutral nation by temperament and practice, is in a delicate diplomat spot. It knows that if it ignores Iran's objections, Tehran is less likely to agree to Oman's plan for the future of the strait," adds Wintour. "But if Oman does not take the initiative in helping the humanitarian operation to release thousands of trapped sailors, the less likely it is that its proposals for the strait will be accepted by the region or by the UN—and the more likely it is the US will return to all-out war."</p>
<hr />
<p><strong>A</strong><strong> deal that means very little: </strong>"A <a class="text-module__text__0GDob text-module__inherit-color__PhuPF text-module__inherit-font__1P1hv text-module__inherit-size__EyiQW link-module__link__INqxZ link-module__underline_default__-okuC" href="https://www.reuters.com/world/middle-east/israel-drops-leaflets-over-south-lebanon-town-ordering-residents-leave-2026-06-26/" data-testid="Link">security deal</a> between Israel and Lebanon risks entrenching a stalemate rather than resolving Israel's underlying conflict with Hezbollah by tying Israel's ​pullout from southern Lebanon to the Iran-aligned group's disarmament," <a href="https://www.reuters.com/world/middle-east/israel-lebanon-deal-may-entrench-stalemate-rather-than-end-war-analysts-say-2026-06-29/">reports</a> Reuters. "At its core is a bargain few see as workable: Hezbollah ‌has flatly rejected disarmament, and no Lebanese government has the power to enforce it."</p>
<p>Late last week, the Lebanese Ambassador Nada Moawad and the Israeli Ambassador Yechiel Leiter signed a trilateral agreement with the U.S. in Washington, D.C., agreeing to peace between Israel and Lebanon; if Hezbollah—which is distinct from the Lebanese government and backed by Iran—fails to disarm, Israeli Prime Minister Benjamin Netanyahu says Israeli troops can occupy southern Lebanon once again.</p>
<p>Of course, Hezbollah has very little reason to actually do so, and the Lebanese government is not really the party the Israelis must find common ground with here. The fighting between Israel and Hezbollah, which has been going on since Hamas' infamous October 7 attack on Israel, shows very few signs of truly stopping. And the Lebanese state isn't powerful enough to curb Hezbollah in a meaningful way.</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>Now look, I know you can't turn America-celebratin' into a whole entire week, but forgive me for trying! Where are YOU celebrating America this week and weekend? Tell me in the comments/via email/on X.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">dispatches from rockaway (God&#39;s country) <a href="https://t.co/V6zS1qiHYW">pic.twitter.com/V6zS1qiHYW</a></p>
<p>&mdash; Liz Wolfe (@LizWolfeReason) <a href="https://x.com/LizWolfeReason/status/2071675656383914209?ref_src=twsrc%5Etfw">June 29, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>Other plans on the docket: a "best of the Midwest" dinner party co-hosted with a few friends (from St. Louis and Chicago) since I'm obsessed with casseroles and toasted ravioli right now; possibly a Founding Fathers–themed reading/house party here in Brooklyn; and, of course, Tex-Mex and surfing and maybe an American flag cake.</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"It's a yawn," said President Donald Trump about the housing bill Congress was hoping he'd sign into law. Trump said "he would sign the bill only if Congress would first pass another bill, the SAVE America Act, which would impose stricter voter ID rules that would make it harder to vote," <a href="https://www.nytimes.com/2026/06/29/us/politics/trump-housing-bill.html">per</a> <em>The New York Times.</em></li>
<li>The story of some <a href="https://www.wsj.com/arts-culture/food-cooking/the-family-keeping-watch-over-a-52-year-old-pot-of-soup-1e72f115?mod=hp_featst_pos5">52-year-old soup</a>.</li>
<li>The writer Richard Hanania <a href="https://x.com/RichardHanania/status/2071367543496049083?s=20">thinks</a> that Jerusalem Demsas (formerly of <em>Vox</em>) "might be the most successful living journalist" by commissioning "articles that take the right-wing position on some policy debate" for <em>The Argument. </em>"This makes me optimistic," continues Hanania. "It indicates that the reason smart people reject conservatism is that it has the stench of MAGA, racism, conspiracy theorists, and religious fundamentalists. Trump supporters and Republican voters generally want trash content. This repulses smart people." (<a href="https://www.huffpost.com/entry/richard-hanania-white-supremacist-pseudonym-richard-hoste_n_64c93928e4b021e2f295e817">Hanania too carries some stench</a>; <a href="https://www.theatlantic.com/ideas/archive/2023/09/richard-hanania-origins-of-woke-book/675348/">takes one to know one</a>?) But more to the point: You'd have to be very liberal to think that <em>The Argument</em>'s arguments are especially right-wing. They seem most like Abundance Agenda centrists, which is distinct from <em>conservative</em>.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Is there a market for smart, right-wing content? </p>
<p>I&#39;ve gone back and forth on this.</p>
<p>But I&#39;m now convinced that Jerusalem Demsas might be the most successful living journalist in terms of bringing right-wing arguments to a large, highly educated audience that wouldn&#39;t otherwise&hellip; <a href="https://t.co/dJHjYkmzWY">pic.twitter.com/dJHjYkmzWY</a></p>
<p>&mdash; Richard Hanania (@RichardHanania) <a href="https://x.com/RichardHanania/status/2071367543496049083?ref_src=twsrc%5Etfw">June 28, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>"The Rent Guidelines Board, on which I serve, has just voted to freeze rents on New York City's roughly 1 million rent-stabilized apartments, fulfilling a key campaign promise by Mayor Zohran Mamdani," <a href="https://www.vitalcitynyc.org/mamdani-rent-freeze-agenda-nyc/">wrote</a> Arpit Gupta—the lone dissenter. "This settles what will happen to rents this October, but raises the question of whether the rent-stabilized stock is still going to be standing, habitable and occupied in 2046. On its current trajectory, a large share of it will not be—especially if Mamdani and his appointees on the Board follow through on the mayor's pledge to freeze rents every year of his term."</li>
<li>Interesting:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Sharp observation by <a href="https://x.com/stephmurrayyyy?ref_src=twsrc%5Etfw">@stephmurrayyyy</a>:</p>
<p>&quot;[America] ranks somewhat high on the list for both male-breadwinning AND female breadwinning. It is equal-earning couples that the U.S. lacks.&quot;<a href="https://t.co/NorShXxz57">https://t.co/NorShXxz57</a> <a href="https://t.co/6ho3dhRVTg">pic.twitter.com/6ho3dhRVTg</a></p>
<p>&mdash; Leah Libresco Sargeant (@LeahLibresco) <a href="https://x.com/LeahLibresco/status/2071672457581269372?ref_src=twsrc%5Etfw">June 29, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/06/30/irans-intransigence/">Iran&#039;s Intransigence</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
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							<media:credit><![CDATA[Photo: Iran MFA/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Iranian Foreign Minister Abbas Araghchi]]></media:description>
		<media:title><![CDATA[Iranian-Foreign-Minister-Abbas-Araqchi -6-29]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Iranian-Foreign-Minister-Abbas-Araqchi-6-29-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Germania Rodríguez Poleo</name>
							<uri>https://reason.com/people/germania-rodriguez-poleo/</uri>
					</author>
					<title type="html"><![CDATA[
				My Family Fled Socialism. Then I Voted for Bernie Sanders.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/my-family-fled-socialism-then-i-voted-for-bernie-sanders/" />
		<id>https://reason.com/?p=8390292</id>
		<updated>2026-06-25T17:21:32Z</updated>
		<published>2026-06-30T12:00:15Z</published>
			<category scheme="https://reason.com/latest/" term="Capitalism" /><category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Health Care" /><category scheme="https://reason.com/latest/" term="Higher Education" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Bernie Sanders" /><category scheme="https://reason.com/latest/" term="Cuba" /><category scheme="https://reason.com/latest/" term="Hugo Chavez" /><category scheme="https://reason.com/latest/" term="Latin America" /><category scheme="https://reason.com/latest/" term="Nicaragua" /><category scheme="https://reason.com/latest/" term="Nicolas Maduro" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="South America" /><category scheme="https://reason.com/latest/" term="Venezuela" />		<summary type="html"><![CDATA[An immigrant's journey to the radical left and back]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/30/my-family-fled-socialism-then-i-voted-for-bernie-sanders/">
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		<p><span style="font-weight: 400;">In 2005, when I was 11, </span><a href="https://en.wikipedia.org/wiki/Patricia_Poleo"><span style="font-weight: 400;">my mother</span></a><span style="font-weight: 400;"> and I fled Venezuela because the government was going to arrest her for her reporting. She was among the first investigative journalists to document how President Hugo Chávez and the socialist party were taking control of the judiciary and integrating Cuban operatives into the military and security apparatus. She exposed how Chávez and his cronies were enriching themselves with oil revenues, creating what would become the </span><a href="https://en.wikipedia.org/wiki/Corruption_in_Venezuela"><span style="font-weight: 400;">largest corruption ring</span></a><span style="font-weight: 400;"> in modern world history. In an effort to silence her, the regime fabricated charges that she had orchestrated the murder of a </span><a href="https://en.wikipedia.org/wiki/Assassination_of_Danilo_Anderson"><span style="font-weight: 400;">corrupt prosecutor</span></a><span style="font-weight: 400;"> and put out a warrant for her arrest.</span></p> <p><span style="font-weight: 400;">My mother's escape from Venezuela </span><a href="https://www.amazon.com/exec/obidos/ASIN/0615558674/reasonmagazinea-20/"><span style="font-weight: 400;">played out</span></a><span style="font-weight: 400;"> like a Hollywood thriller. She hid in safe houses, was transported in the trunk of a car covered with trash bags, and eventually made it out of the country stowed away on a small boat. A family friend shepherded me to Miami to join her a few days later.</span></p> <p><span style="font-weight: 400;">My family had already experienced the brutality of "Chavismo." The police had raided our home, our car had been fired at, and our family bodyguard, Germán Delgado, had been kidnapped and tortured to death by state security thugs. My grandfather was charged with bogus crimes for his journalism. He was arrested by Italian authorities at Interpol's direction, and eventually joined us in exile. The socialist regime forced the newspaper and magazine he owned to close down by preventing them from importing paper to run their printing presses. One by one, my relatives were forced to flee, including my grandmother, who spent her final years desperate to see her home in Caracas one last time before she died.</span></p> <p><span style="font-weight: 400;">A radical leftist government uprooted my family and wrecked my homeland. Yet after I arrived at New York University (NYU) as a freshman in 2013, I became a leftist.</span></p> <h1><b>How NYU's Groupthink Turned Me Into a Leftist</b></h1> <p><span style="font-weight: 400;">It was all about fitting in.</span></p> <p><span style="font-weight: 400;">When we first moved to Miami, I longed for Venezuela. We sang the "Star-Spangled Banner" every morning in school, and I refused to put my hand over my heart. ("That's not my anthem," I told my mom.) But I quickly learned English and made friends with </span><i><span style="font-weight: 400;">gringas</span></i><span style="font-weight: 400;">. By the time I was a teenager, I wanted nothing more than to be an all-American girl, which entailed sealing off my Venezuelan identity.</span></p> <p><span style="font-weight: 400;">At first, I was a moderate liberal Democrat, campaigning for Barack Obama's reelection in high school. Then I arrived in New York and encountered NYU's hyperprogressive campus culture. Like my classmates, I became obsessed with social justice. I majored in journalism and politics, and my course load included "The Politics of Inequality," "LGBT Politics," and "Latina Feminist Studies." My professors included militant leftists, an anti-establishment Catalan independence supporter, and a pro-Palestine activist who assigned a book edited by the Marxist historian Vijay Prashad—</span><a href="https://braveneweurope.com/vijay-prashad-the-venezuelan-people-stay-with-the-bolivarian-revolution?utm_source=perplexity"><span style="font-weight: 400;">a defender</span></a><span style="font-weight: 400;"> of Chávez, Nicolás Maduro, and their socialist dictatorships.</span></p> <p><span style="font-weight: 400;">The year I arrived on campus, Chávez died of cancer and was succeeded by Maduro, who continued dismantling Venezuela's democratic institutions and doubled down on Chávez's socialist policies. I was still a freshman in 2014 when the country erupted in daily protests, with millions occupying the streets across the country. They were driven by a fury and desperation that my classmates at NYU could hardly imagine.</span></p> <p><span style="font-weight: 400;">I knew that Chávez and Maduro were socialists, but I wasn't focused on their economic policies. The problem, I figured, was that Chavez and Maduro were authoritarians who trampled on civil liberties.</span></p> <p><span style="font-weight: 400;">In the classic immigrant narrative, the protagonist, who wants nothing more than to be a real American, eventually reconnects with her past through nostalgia or family obligation. I experienced plenty of both, but my transformation was ultimately the result of a profound intellectual dissonance: I couldn't reconcile what had happened to my family with what I was being taught in my Latin American studies classes.</span></p> <p><span style="font-weight: 400;">I was told that U.S. and European colonialism and imperialism were solely to blame for poverty in the region. I was being indoctrinated into the philosophy of </span><i><span style="font-weight: 400;">tercermundismo</span></i><span style="font-weight: 400;">, or "Third-Worldism," as the Venezuelan classical liberal Carlos Rangel </span><a href="https://libreriacedice.org.ve/wp-content/uploads/2022/06/cedice_carlosrangel_eltercermundismo.pdf"><span style="font-weight: 400;">dubbed it</span></a><span style="font-weight: 400;">—a modification to the socialist creed made by Vladimir Lenin. After the proletariat failed to revolt, as Marx had predicted, Lenin </span><a href="https://www.marxists.org/archive/lenin/works/1916/imp-hsc/"><span style="font-weight: 400;">recast</span></a><span style="font-weight: 400;"> communism in internationalist terms. Capitalism's real victims were the uncorrupted peoples of the Third World, whose land had been pillaged by colonialists. They, not the workers, would rise up and overthrow the bourgeois countries.</span><span style="font-weight: 400;"><br /> </span><span style="font-weight: 400;"><br /> </span><span style="font-weight: 400;">I was assigned </span><a href="https://reason.com/2009/04/22/listen-galeano/"><span style="font-weight: 400;">Eduardo Galeano's </span><i><span style="font-weight: 400;">Open Veins of Latin America</span></i></a><span style="font-weight: 400;">, the seminal text of Latin American studies and a manifesto of Third World victimhood, which</span> <span style="font-weight: 400;">Chávez had </span><a href="https://www.theguardian.com/world/2009/apr/19/obama-chavez-book-gift-latin-america"><span style="font-weight: 400;">publicly gifted</span></a><span style="font-weight: 400;"> to Obama at the Summit of the Americas in 2009. It tells of how European colonists and American imperialists impoverished Latin America by extracting its resources. But in Venezuela, the nationalization of the oil industry in 1976 marked the end of our most prosperous years. Chávez then dismantled the state-owned oil company's independence and turned its revenues into his personal piggy bank. He stopped maintaining the oil industry's basic infrastructure and seized the assets of foreign operators. Our own government was making us poor.</span></p> <h1><b>When Campus Politics Collided With My Family's Story</b></h1> <p><span style="font-weight: 400;">At NYU, we believed that unconstrained capitalism and "trickle-down economics" were causing the calamity of inequality in the U.S., and it was our moral duty to fight back by promoting social justice and progressive values. We learned about the Iraq war, the Abu Ghraib scandal, and why the U.S. was to blame for the recent right-wing dictatorships in Argentina and Chile.</span></p> <p><span style="font-weight: 400;">But this narrative didn't square with what I knew about Venezuela's recent history. In 2002, the military had briefly removed Chávez from power; I was taught at NYU that the U.S. government had engineered the failed coup out of fear that Chávez would cut off access to our oil. But my mother had been in the room when members of the Venezuelan media were discussing the possibility of a Chávez overthrow. The U.S. ambassador emphatically told everyone present that </span><a href="https://reason.com/2010/12/02/what-wikileaks-hasnt-told-us-y/"><span style="font-weight: 400;">the Americans wouldn't support a coup</span></a><span style="font-weight: 400;">. Perhaps Latin American history wasn't as simplistic as I was being taught.</span></p> <p><span style="font-weight: 400;">I became acutely aware of how many of my NYU classmates were obsessed with race and identity, and how they believed that silencing Republicans was more important than protecting free speech. It reminded me of how Chávez had </span><a href="https://reason.com/2008/03/24/the-closing-of-the-venezuelan/"><span style="font-weight: 400;">shut down the free press</span></a><span style="font-weight: 400;"> (</span><a href="https://www.greenleft.org.au/2007/712/world/leading-british-voices-support-venezuelas-rctv-decision"><span style="font-weight: 400;">with support</span></a><span style="font-weight: 400;"> from the American and European left) on the grounds that they were a propaganda tool of the oligarchy.</span></p> <p><span style="font-weight: 400;">My NYU classmates characterized those who disagreed with them as deserving total exclusion from polite society. They shouted down right-wing speakers. Anyone considered a Republican, or Republican-adjacent, was socially ostracized. I met rich kids who called themselves "antifa," and heard protest chants like, "How do you spell racist? NYU!" As a Venezuelan in exile, I could see what they couldn't: U.S. democracy, capitalism, and the rule of law had afforded us unimaginable wealth, freedom, and security. </span></p> <p><span style="font-weight: 400;">I was excited when one of my professors encouraged our class to attend a lecture by </span><a href="https://as.nyu.edu/faculty/alejandro-velasco.html?challenge=d06e90d7-4d8f-4b88-9d8c-10b73beb60f1"><span style="font-weight: 400;">Alejandro Velasco</span></a><span style="font-weight: 400;">, an assistant professor at NYU who had grown up in Caracas. Imagine my disappointment when I showed up at the lecture and learned that Velasco was an apologist for the regime. His views are summed up in his</span><a href="https://inthesetimes.com/article/venezuela-maduro-trump-barrios-intervention-sanctions-chavismo-guaido"><span style="font-weight: 400;"> 2019 </span><i><span style="font-weight: 400;">In These Times</span></i><span style="font-weight: 400;"> article</span></a><span style="font-weight: 400;"> characterizing the opposition to Chávez as the "middle-class and elite sectors." While acknowledging Maduro's authoritarianism, Velasco advised his fellow progressives "to resist a growing narrative that uses the last five years of economic crisis in Venezuela to retroactively cast the entire chavista project—even socialism itself—as an unmitigated failure."</span></p> <p><span style="font-weight: 400;">Velasco's version of Venezuelan history didn't square with my own memories or my mother's reporting. Socialism </span><i><span style="font-weight: 400;">was</span></i><span style="font-weight: 400;"> an unmitigated failure.</span></p> <p><span style="font-weight: 400;">You'll never encounter a Venezuelan in the U.S. who supports Chávez—except in academia. The same is true of Cubans. In my senior year, while studying abroad in Madrid, I took a class with the NYU anthropologist Aida Esther Bueno Sarduy, who to this day is the only leftist Cuban I've ever met. </span></p> <p><span style="font-weight: 400;">I wrote a paper for Bueno Sarduy pointing out the irony that Podemos, a Spanish far-left party that at the time was gaining young followers, had supported the Venezuelan dictatorship, and that its policies were causing Venezuelans to migrate to Spain, spurring a nativist backlash. When it came time to discuss my paper, Bueno Sarduy explained that she had knocked my grade down from an A to an A- because I'd included "false information" about Podemos. </span></p> <p><span style="font-weight: 400;">For years afterward, I forwarded her citations showing the direct relationship between Podemos and Chavismo. She shifted her argument, claiming that there was nothing "illegal" about those ties and pointing out that Partido Popular, Spain's conservative party, was involved in financial crimes. This was completely beside the point, but it was a rhetorical tactic I heard over and over again at NYU: Bring up the topic of leftist authoritarianism and get an earful about the evils of U.S. imperialism. </span></p> <h1><b>I Voted for Bernie Sanders Anyway</b></h1> <p><span style="font-weight: 400;">By my junior year, I was still doing my best to fit in. On April 13, 2016, Sen. Bernie Sanders (I–Vt.) held a </span><a href="https://www.amny.com/news/bernie-sanders-rally-in-washington-square-park-draws-supporters-of-all-ages-1-11688719/"><span style="font-weight: 400;">massive campaign rally</span></a><span style="font-weight: 400;"> in New York City's Washington Square Park, with about 27,000 attendees. I remember walking through the crowd, trying to ignore the communist iconography and all the Che Guevara T-shirts. But Sanders called himself a "democratic socialist." He wanted to make the U.S. more like Norway or Sweden, I reasoned, which had nothing to do with Fidel Castro or Hugo Chávez.</span></p> <figure class="aligncenter size-large wp-image-8390296"><img decoding="async" class="aligncenter size-large wp-image-8390296" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/polphotos392744-3-1024x576.jpg" alt="Many people are gathered in cold weather clothes in a wide open area surrounded by tall buildings—one of them is holding up a sign that says &quot;ViVA BERNIE&quot; with a Venezuelan flag on it." width="1024" height="576" data-credit="Sam Simmonds/Polaris/Newscom" srcset="https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-2048x1152.jpg 2048w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/06/polphotos392744-3-1920x1080.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>Sam Simmonds/Polaris/Newscom</figcaption></figure> <p><span style="font-weight: 400;">Except that five weeks before the Washington Square Park rally, Sanders had participated in a </span><a href="https://www.bbc.com/news/election-us-2016-35770200"><span style="font-weight: 400;">Democratic presidential primary debate</span></a><span style="font-weight: 400;"> in Miami against Hillary Clinton, in which he was asked about his past praise of Castro and Nicaraguan socialist dictator Daniel Ortega.</span></p> <p><span style="font-weight: 400;">"[The Cubans] are sending doctors all over the world," Sanders </span><a href="https://www.nytimes.com/2016/03/10/us/politics/transcript-democratic-presidential-debate.html"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> on the debate stage. "They have made some progress in education." </span><span style="font-weight: 400;">I've met Cuban doctors, who told me that they were forced into service and were paid almost nothing for their labor. Castro's so-called </span><a href="https://reason.com/video/2022/04/18/the-myth-of-cuban-health-care/"><span style="font-weight: 400;">medical missions were a modern-day slave racket</span></a><span style="font-weight: 400;">.</span></p> <p><iframe loading="lazy" title="Cuban health care is a catastrophe" width="500" height="281" src="https://www.youtube.com/embed/FeRKlsc3zNg?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 style="font-weight: 400;">Sanders would later defend the claim that Cuba had made "progress in education" in a </span><a href="https://www.cbsnews.com/news/bernie-sanders-democratic-presidential-front-runner-anderson-cooper-60-minutes/"><i><span style="font-weight: 400;">60 Minutes </span></i><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;">: "When Fidel Castro came into office, you know what he did? He had a massive literacy program," Sanders told Anderson Cooper. "Is that a bad thing?" Cuba's literacy program was a </span><a href="https://www.nbcnews.com/think/opinion/yes-bernie-sanders-castro-s-literacy-program-was-bad-thing-ncna1145001"><span style="font-weight: 400;">socialist indoctrination program</span></a><span style="font-weight: 400;">, and its achievements were </span><a href="https://fee.org/articles/no-fidel-castro-didnt-improve-health-care-or-education-in-cuba/"><span style="font-weight: 400;">mostly fabricated</span></a><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">In his debate with Clinton, Sanders avoided the topic of Ortega, turning the conversation, naturally, to the U.S. government's culpability, specifically the Reagan administration's support for the Contras. "The United States was wrong to try to invade Cuba," Sanders said, and it was "wrong trying to support people to overthrow the Nicaraguan government&hellip;[and it was] wrong trying to overthrow in 1954 the&hellip;democratically elected government of Guatemala."</span></p> <p><span style="font-weight: 400;">It was the same tactic yet again: When asked about leftist dictators, pivot to talking about the Cuban embargo, the Bay of Pigs, and the overthrow of Jacobo Árbenz in Guatemala. Those episodes had shaped Latin American history in profound ways, but Sanders and the American left use them to avoid acknowledging the crimes of Latin America's socialist tyrants.</span></p> <p><span style="font-weight: 400;">Sanders had </span><a href="https://www.youtube.com/watch?v=K2d3DMC6qyg"><span style="font-weight: 400;">praised</span></a><span style="font-weight: 400;"> the Cuban Revolution in 1985, and he had </span><a href="https://www.youtube.com/watch?v=K2d3DMC6qyg"><span style="font-weight: 400;">visited Cuba</span></a><span style="font-weight: 400;"> in 1989, trying and failing to meet with Castro. At the time, the Soviet Union was about to crumble, meaning it would soon stop propping up the Castro regime with economic subsidies. In 2000, Chávez came to Cuba's rescue with regular oil shipments worth billions of dollars. In exchange, Castro helped Venezuela build a network of spies to rat out dissent in the military, and he sent the doctor-slaves whom Sanders so revered.</span></p> <p><span style="font-weight: 400;">Growing up in Miami, I had met Cubans with immigration stories similar to my own: Their country had been captivated by a charismatic leader who promised to restore the indigenous, communitarian values that predated the colonial invasion. Once in power, like Chávez, Castro locked up dissenters, shut down the free press, nationalized businesses, destroyed the productive economy, and enriched himself and his family.</span></p> <h1><b>How I Finally Broke With the Left</b></h1> <p><span style="font-weight: 400;">I'm ashamed to admit that after Sanders made his comments in defense of the Cuban and Nicaraguan dictatorships in 2016, I still voted for him in the Democratic primary.</span></p> <p><span style="font-weight: 400;">My break from the left didn't happen until my senior year, when I started having conversations with my relatives and other survivors of socialist dictatorships. By then, Venezuela was experiencing the worst peacetime economic collapse in modern world history, and millions were fleeing the country. When we emigrated in 2005, you'd almost never hear Venezuelan accents around Miami. There was a small community of exiled dissidents who would gather at El Arepazo, the iconic Venezuelan restaurant that opened in the Doral neighborhood in 2004. By the time I graduated from college, Venezuelans were moving into Miami en masse, and Doral was known as "Doralzuela."</span></p> <figure class="aligncenter size-large wp-image-8390299"><img decoding="async" class="aligncenter size-large wp-image-8390299" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/germania-graduating-1-1024x576.jpg" alt="A woman wearing purple graduation robes and a purple baseball hat smiles, with a smattering of other people in purple graduation robes standing in the area." width="1024" height="576" data-credit="Germania Rodríguez Poleo" srcset="https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-2048x1152.jpg 2048w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/06/germania-graduating-1-1920x1080.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>Germania Rodríguez Poleo</figcaption></figure> <p><span style="font-weight: 400;">After I graduated and was far removed from NYU's left-wing milieu, I learned about </span><a href="https://www.dsausa.org/calendar/dsa-venezuela-delegation-report-back/"><span style="font-weight: 400;">trips</span></a><span style="font-weight: 400;"> organized by the Democratic Socialists of America to Cuba and Venezuela, where participants visited Potemkin villages and soaked up socialist propaganda. I learned that Norway and the other Scandinavian countries were </span><a href="https://reason.com/2016/04/18/bernies-rightamerica-should-be/"><span style="font-weight: 400;">more capitalist</span></a><span style="font-weight: 400;"> than the United States in many respects. I learned that the Democratic Socialists of America were more closely aligned with the tyrannical forces that had destroyed my homeland than I had wanted to accept.</span></p> <p><span style="font-weight: 400;">Sanders called for a single-payer healthcare system in America; Venezuela had a single-payer healthcare system that had turned its hospitals into infection-ridden death factories. Curable forms of cancer became a death sentence—except for those with government connections who could arrange for them to jump the line and see a doctor.</span></p> <p><span style="font-weight: 400;">True single-payer healthcare would entail forcing private healthcare providers to turn over their businesses to the government, and it reminded me of how Chávez had seized and expropriated private property in Venezuela. In 2010, he famously went </span><a href="https://www.youtube.com/watch?v=jOjvJAfIMSI"><span style="font-weight: 400;">on television</span></a><span style="font-weight: 400;"> and declared, "Expropriate that!" while pointing to stores in a historic square of Caracas. Chávez justified seizing private businesses on the grounds that capitalism was based on theft.</span></p> <p><span style="font-weight: 400;">I remembered how Chávez had dismantled Venezuela's oldest and most beloved TV station, Radio Caracas Televisión, turning it into another state-owned channel for disseminating propaganda. I remember how, after my father died, his house had been invaded by squatters sanctioned by the regime. I remembered the withered face of </span><a href="https://en.wikipedia.org/wiki/Franklin_Brito"><span style="font-weight: 400;">Franklin Brito</span></a><span style="font-weight: 400;">, who went on a hunger strike after Chávez sanctioned the taking of his family farm. Brito starved to death in 2010. I realized that property rights and human rights are intertwined.</span></p> <h1><b>Spreading the Truth About Socialism</b></h1> <p><span style="font-weight: 400;">When I finally decided that I was done with the left, all I felt was shame. In attempting to assimilate, I had buried the truth about what had happened to my country because I wanted to be accepted into a culture of upper-middle-class privilege. I had been uprooted by the evils of Castro-Chavismo, and yet had done nothing to counter the ignorance of my NYU classmates.</span></p> <p><span style="font-weight: 400;">I vowed to do whatever I could to communicate what had happened in Venezuela so that my well-intentioned peers could better understand the reality of socialism and learn to look past their immense privilege. If I could fall for socialist propaganda, anyone could.</span></p> <p><span style="font-weight: 400;">I became outspoken about Venezuela on social media to counter the avalanche of misinformation you read online.</span> <span style="font-weight: 400;">Through Twitter, I connected with a community of survivors of anti-Western tyrannies. I met refugees of socialism—not just Venezuelans—who were brilliant at explaining how the First World misunderstands what happened to our countries and favors policies that would cause the same tragic errors to repeat.</span></p> <p><span style="font-weight: 400;">Some American and European progressives have accused me of being a CIA agent. Others have called me a </span><i><span style="font-weight: 400;">gusana</span></i><span style="font-weight: 400;">, an epithet that means "worm" in Spanish and that was popularized by Castro and his comrades as a way to describe Cubans who opposed the 1959 revolution. They have questioned my cultural identity, saying that I'm "white" and "not really a Venezuelan" because I speak perfect English and oppose Chavismo.</span></p> <p><span style="font-weight: 400;">The Venezuelans I met online recommended that I read Carlos Rangel's 1976 masterpiece, </span><a href="https://en.wikipedia.org/wiki/From_the_Noble_Savage_to_the_Noble_Revolutionary"><i><span style="font-weight: 400;">From the Noble Savage to the Noble Revolutionary</span></i></a><i><span style="font-weight: 400;">, </span></i><span style="font-weight: 400;">which is an antidote to Galeano's </span><i><span style="font-weight: 400;">Open Veins of Latin</span></i> <i><span style="font-weight: 400;">America</span></i><span style="font-weight: 400;">. It helped me to deprogram the propaganda I had been fed at NYU. The book is a manual for understanding leftist ideology, countering the myth of Latin Americans' victimhood and the claim that we're all descended from one-dimensional noble savages. It explains why Latin American culture and history have made the region particularly vulnerable to populist strongmen, who are the real culprits in our social and economic backwardness.</span></p> <p><span style="font-weight: 400;">I can't take back my vote for Bernie Sanders, and I still feel shame for all the years I spent defending democratic socialism. I'm now honoring my heritage by spending the rest of my life spreading the truth about the ideology that destroyed Venezuela and caused so much human suffering. Socialism turned the wealthiest nation in Latin America into the site of the worst peacetime tragedy in modern world history. We honor its victims by making sure it doesn't happen again.</span></p><p>The post <a href="https://reason.com/2026/06/30/my-family-fled-socialism-then-i-voted-for-bernie-sanders/">My Family Fled Socialism. Then I Voted for Bernie Sanders.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Germania Rodríguez Poleo]]></media:credit>
		<media:description type="html"><![CDATA[A woman wearing sunglasses and a t-shirt with the red "ban" symbol over Che Guevara's face is holding up her hand in the shape of an L.]]></media:description>
		<media:title><![CDATA[Germania in no che shirt-web]]></media:title>
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	</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[
				Gorsuch Warns About Executive Overreach While Expanding Trump's Power			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/gorsuch-warns-about-executive-overreach-while-expanding-trumps-power/" />
		<id>https://reason.com/?p=8390847</id>
		<updated>2026-06-29T20:33:17Z</updated>
		<published>2026-06-30T11:00:46Z</published>
			<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="Separation of Powers" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Trade Commission" /><category scheme="https://reason.com/latest/" term="Neil Gorsuch" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The Supreme Court extended presidential control over federal agencies. What could go wrong?]]></summary>
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		<p>In 1935, the U.S. Supreme Court unanimously stopped President Franklin Roosevelt from firing a commissioner of the Federal Trade Commission (FTC) for purely political reasons. The FTC "cannot in any proper sense be characterized as an arm or an eye of the executive," the Court declared in <em><a href="https://scholar.google.com/scholar_case?case=1486648801467404451&amp;q=humphrey%27s+executor&amp;hl=en&amp;as_sdt=6,33">Humphrey's Executor v. United States</a></em>.</p>
<p>On Monday, by a <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf">vote of 6<b>–</b>3</a>, the Supreme Court overturned <em>Humphrey's Executor</em> and allowed President Donald Trump to fire FTC commissioner Rebecca Slaughter at will. In other words, a theory of broad executive power that was once championed by a progressive president has just been successfully resurrected by a conservative one.</p>
<p>Why did the Supreme Court rule the way that it did?</p>

<p>"The FTC unquestionably exercises executive power, and must therefore be controlled by the Chief Executive, in whom such power is vested," declared Chief Justice John Roberts in <em><a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf">Trump v. Slaughter</a></em>. "It follows, then, that Slaughter served as the President's subordinate at the FTC—and that the President was entitled to cut her tenure short."</p>
<p>But is the matter really as simple as that? Consider what else Roberts had to say about the FTC in the same opinion:</p>
<blockquote><p>Since its creation in 1914, the FTC has accumulated vast <strong>rulemaking,</strong> enforcement, and adjudicatory powers under more than 80 statutes. Not only does it <strong>promulgate rules that carry the force of law, </strong>but it also enforces those rules against private parties, collecting civil penalties in the billions of dollars. [Emphasis added.]</p></blockquote>
<p>To make or promulgate rules in this context basically means to make new federal laws. Yet the federal lawmaking power does not properly belong to the executive. Rather, it belongs to Congress under Article I of the Constitution. Yet now, as a direct result of <em>Trump v. Slaughter</em>, the federal lawmaking power that the FTC and other "independent" federal agencies have long wielded is suddenly resting in the sole hands of the president.</p>
<p>Doesn't that upset the constitutional separation of powers?</p>
<p>Notably, one of the six justices who voted for Trump in this case spelled out that very objection in a separate concurrence.</p>
<p>Writing alone, Justice Neil Gorsuch agreed with Roberts that independent federal agencies should be brought under the control of a unitary executive when those agencies exercise executive-like powers. But "today, independent agencies do not just exercise executive law-enforcement powers," Gorsuch wrote. "Congress has also delegated to them vast legislative and judicial powers, effectively allowing these agencies to make laws and decide disputes under them. And, after today's decision, the President can effectively exercise all those powers too."</p>
<p>As Gorsuch notes, this outcome raises a number of troubling new questions:</p>
<blockquote><p>Would Congress have delegated so much power, including legislative and judicial power, to independent agencies had it known that the President would come to control them? How will Congress respond now—if realistically it can? And what, if anything, will this Court do about it?</p></blockquote>
<p>It bears repeating that Gorsuch did not write those words of warning in dissent. Rather, he wrote them in concurrence after fully joining the very opinion whose "implications" he is so understandably worried about.</p>
<p>Here's how I read Gorsuch's concurrence: He is inviting new cases to be filed against Trump and future presidents if/when those presidents try to wield unconstitutional lawmaking power via their new control over the federal bureaucracy.</p>
<p>But will the Supreme Court actually stop Trump or any other president from doing the unlawful lawmaking that today's decision enables the president to do?</p>
<p>Gorsuch seems nervous about the answer to that question. Perhaps we should be nervous too.</p>
<p>The post <a href="https://reason.com/2026/06/30/gorsuch-warns-about-executive-overreach-while-expanding-trumps-power/">Gorsuch Warns About Executive Overreach While Expanding Trump&#039;s Power</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Mattie Neretin/Sipa USA/Newscom/Adani Samat/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[A sketch of Rebecca Slaughter, Donald Trump, and the White House with a white background, a red circle, and an orange circle]]></media:description>
		<media:title><![CDATA[Trump-Exec-Power-6-26]]></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: June 30, 2014			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/30/today-in-supreme-court-history-june-30-2014-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8337052</id>
		<updated>2025-07-12T05:26:25Z</updated>
		<published>2026-06-30T11:00:26Z</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[6/30/2014: Burwell v. Hobby Lobby Stores is decided. &#160;
The post Today in Supreme Court History: June 30, 2014 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/30/today-in-supreme-court-history-june-30-2014-6/">
			<![CDATA[<p>6/30/2014: <a href="https://conlaw.us/case/burwell-v-hobby-lobby-stores-2014/">Burwell v. Hobby Lobby Stores</a> is decided.</p>
<p><iframe loading="lazy" title="&#x2696; Burwell v. Hobby Lobby Stores (2014) | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/F9QhAitxUzk?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>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/06/30/today-in-supreme-court-history-june-30-2014-6/">Today in Supreme Court History: June 30, 2014</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: July 2026			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/archives-july-2026/" />
		<id>https://reason.com/?p=8382310</id>
		<updated>2026-05-26T19:58:28Z</updated>
		<published>2026-06-30T10:00:31Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="American Revolution" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Libertarian History/Philosophy" /><category scheme="https://reason.com/latest/" term="Libertarianism" />		<summary type="html"><![CDATA[Excerpts from Reason’s bicentennial vaults]]></summary>
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		<h4>50 years ago<br />
July 1976</h4>
<p>"Historians friendly to the Revolution have insisted that the Americans fought for political freedom, for independence, for constitutional rights, or for democracy; critical historians maintain that the fight was <em>merely</em> for economic reasons, for defense of property and trade against British interference. But why must the two be sundered? Why may not a defense of American liberty <em>and</em> property, of political <em>and</em> economic rights be conjoined? The merchants rebelling against the stamp tax, or sugar or tea taxes, or restrictions of the Navigation Laws, were battling for their <em>rights</em> of property and trade free from interference. In doing so, they were battling for their own property and for the rights of liberty at the same time. The American masses, similarly, were battling for all property rights, for their own as well as those of the merchants, and acting also in their capacity as consumers fighting against British taxes and restrictions.</p>
<p>In reality there need be no dichotomy between liberty and property, between defense of the rights of property in one's person and in one's material possessions. Defense of rights is logically unitary in all spheres of action. And what is more, the American revolutionaries certainly <em>acted</em> on these very assumptions, as revealed by their essential adherence to libertarian thought, to political and economic rights, and always to 'Liberty and Property.' The men of the 18th century saw no dichotomy between personal and economic freedom, between rights to liberty and to property; these artificial distinctions were left for later ages to construct&hellip;.</p>
<p>An opposition or revolutionary movement, or indeed any mass movement from below, cannot be primarily guided by ordinary economic motives. For such a mass movement to form, the masses must be fired up, must be aroused to a rare and uncommon pitch of fervor against the existing system. But that requires an ideology. Only ideology, guided either by a new religious conversion or by a passion for justice, can arouse the interest of the masses (in the current jargon, 'raise their consciousness') and lead them out of the morass of daily habit into an uncommon and militant activity in opposition to the State. This is not to say that an economic motive—for example, defense of their property—does not play an important role. But to form a mass movement in opposition means that they must shake off the habits, the daily mundane concerns of several lifetimes, and become politically aroused and determined as never before in their lives. Only a commonly held and passionately believed-in ideology can perform that role. Hence our conclusion that a mass movement such as the American Revolution must have been centrally motivated by a commonly shared ideology&hellip;.</p>
<p>In the deepest sense, the American Revolution was a conscious majority revolution on behalf of libertarianism and against Power, a libertarian ideology that stressed the conjoined rights of 'Liberty and Property.' The American Revolution was not only the first great modern revolution, it was a libertarian revolution as well."</p>
<p>Murray Rothbard<br />
<em>"America's Libertarian Revolution"</em></p>
<hr />
<p>"Just what is it we are celebrating with the Bicentennial? With a few notable exceptions, much of the reality and significance of the American Revolution seems to have escaped the American people and a large segment of the historical profession, judging from what has been published during the Bicentennial. Was the American Revolution, for example, a people's war?&hellip;</p>
<p>Despite the fact that the <em>means</em> by which the American Revolution progressed were not so very different from revolutionary struggles of the past and of this century as some Americans have at times imagined, it was a very different and radical revolution in its <em>ends.</em> That legitimacy shift toward natural law, republicanism, and sovereignty of the people was something very new, and the Americans of that era realized it and were justly proud of the fact&hellip;.</p>
<p>It was the one great revolution in history in which the idea of equality triumphed over either an accommodation with the inequalities of the old order, or radical egalitarianism."</p>
<p>William Marina<br />
<em>"The American Revolution as a People's War"</em></p>
<p>The post <a href="https://reason.com/2026/06/30/archives-july-2026/">Archives: July 2026</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustrations: July 1976 issue of Reason]]></media:credit>
		<media:title><![CDATA[archives]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/archives.jpg" width="1161" height="653" />
	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: TMI			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/30/brickbat-tmi-4/" />
		<id>https://reason.com/?p=8390807</id>
		<updated>2026-06-29T18:39:10Z</updated>
		<published>2026-06-30T08:00:41Z</published>
			<category scheme="https://reason.com/latest/" term="Public schools" /><category scheme="https://reason.com/latest/" term="Teachers" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Colorado" /><category scheme="https://reason.com/latest/" term="Denver" />		<summary type="html"><![CDATA[The Denver Public Schools Board of Education unanimously voted to fire French teacher Jennifer Honka for incompetence and neglect of&#8230;
The post Brickbat: TMI appeared first on Reason.com.
]]></summary>
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		<p>The Denver Public Schools Board of Education unanimously <a href="https://www.cbsnews.com/colorado/news/making-students-kiss-colorado-teacher-fired/">voted to fire</a> French teacher Jennifer Honka for incompetence and neglect of duty. The move came after numerous student complained that as part of graded assignments, she used classroom skits in which female students felt pressured to kiss classmates of the same sex. Some students said they were embarrassed or uncomfortable. One received a zero after refusing to participate, and another's attendance dropped after the incident. The investigation also found that Honka repeatedly shared deeply personal information with students, including her experiences with childhood abuse, infertility, being a lesbian, and suicidal ideation. One student who had struggled with suicidal thoughts left the classroom after hearing those discussions. An independent administrative law judge concluded that both the skits and Honka's repeated sharing of sensitive personal experiences had little educational value, harmed students' well-being, and justified her dismissal.</p>
<p>The post <a href="https://reason.com/2026/06/30/brickbat-tmi-4/">Brickbat: TMI</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[classroom-desks-empty]]></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/2026/06/30/open-thread-251/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390851</id>
		<updated>2026-06-30T07:00:00Z</updated>
		<published>2026-06-30T07:00:00Z</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/2026/06/30/open-thread-251/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/06/30/open-thread-251/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/29/can-trump-v-slaughter-be-used-to-challenge-the-continued-legality-of-executive-agencies-congress-intended-to-be-independent/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390872</id>
		<updated>2026-07-01T00:05:01Z</updated>
		<published>2026-06-29T22:10:48Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Major Questions Doctrine" /><category scheme="https://reason.com/latest/" term="Neil Gorsuch" /><category scheme="https://reason.com/latest/" term="Nondelegation" /><category scheme="https://reason.com/latest/" term="Severability" />		<summary type="html"><![CDATA[If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/29/can-trump-v-slaughter-be-used-to-challenge-the-continued-legality-of-executive-agencies-congress-intended-to-be-independent/">
			<![CDATA[<figure id="attachment_8390876" aria-describedby="caption-attachment-8390876" style="width: 300px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8390876" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Trump-v-Slaughter-300x156.jpg" alt="" width="300" height="156" srcset="https://reason.com/wp-content/uploads/2026/06/Trump-v-Slaughter-300x156.jpg 300w, https://reason.com/wp-content/uploads/2026/06/Trump-v-Slaughter-1024x533.jpg 1024w, https://reason.com/wp-content/uploads/2026/06/Trump-v-Slaughter-768x400.jpg 768w, https://reason.com/wp-content/uploads/2026/06/Trump-v-Slaughter.jpg 1260w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8390876" class="wp-caption-text">Donald Trump and FTC Commissioner Rebecca Slaughter.</figcaption></figure> <p>&nbsp;</p> <p>In today's decision in <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf" data-mrf-link="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf"><em>Trump v. Slaughter</em></a>, the Supreme Court ruled that laws protecting the heads of "independent" executive agencies from firing are unconstitutional, because they infringe on the president's constitutional removal authority. In <a href="https://reason.com/volokh/2026/06/29/can-the-supreme-court-slaughter-slaughter-without-cooking-cook/">my last post</a>, I noted that the exact scope of this principle is unclear, given the exception the Court carved out for members of the Federal Reserve Board in <a href="https://www.supremecourt.gov/opinions/25pdf/25a312_5468.pdf"><em>Trump v. Cook</em></a>, also issued today. But let's assume that, after <em>Slaughter</em>, protection against removal really is unconstitutional for the heads of all or nearly all previously "independent" federal agencies. If so, I would suggest that that renders the very existence of at least some of these agencies subject to legal challenge on the grounds that the removal protection provisions are not "severable" from the rest.</p> <p>In his concurring opinion in <em>Slaughter</em>, Justice Neil Gorsuch rightly highlights that Congress might not have created many of the independent agencies in the first place (or at least not given them as much power) if they had known their leadership would be subject to the complete control of the president:</p> <blockquote><p>Today, independent agencies do not just exercise executive law-enforcement powers. Congress has also delegated to them vast legislative and judicial powers, effectively allowing these agencies to make laws and decide disputes under them. And, after today's decision, the President can effectively exercise all those powers too.</p> <p>It's a development that raises important questions, not least these: Would Congress have delegated so much power, including legislative and judicial power, to independent agencies had it known that the President would come to control them? How will Congress respond now—if realistically it can? And what, if anything, will this Court do about it?</p></blockquote> <p>Gorsuch goes on to argue that this problem necessitates stronger judicial enforcement of constitutional nondelegation rules and the related "major questions" doctrine. <a href="https://www.justsecurity.org/115540/doctrines-constrain-presidents-power-grabs/">I agree</a> that these two doctrines are important and valuable constraints on executive power, and that courts should enforce them more aggressively.  But the end of agency head protection against removal doesn't by itself trigger stronger judicial review under these doctrines. Whether a claimed delegation runs afoul of nondelegation and major questions constraints depends on the scope and nature of the power delegated, <a href="https://reason.com/volokh/2025/05/02/why-the-major-questions-doctrine-applies-to-the-president-not-just-executive-agencies/">not on whether it is granted to an agency or to the president</a>, and not on the extent to which the agency heads are insulated from removal.</p> <p>By contrast, the invalidation of removal protection does matter under the Supreme Court's "severability" precedent, which addresses the question of what to do in situations where one part of a law has been invalidated as unconstitutional, but others have not. In such cases, does the rest of the law fall too, or does it remain in place?</p> <p>The relevant precedent here is far from a model of clarity. But, as a general rule, it turns on how significant the invalidated provision is to the overall statutory scheme, and whether Congress would have enacted the law without the unconstitutional element. Much of that precedent is summarized in an <a href="https://www.supremecourt.gov/DocketPDF/19/19-840/143417/20200513125326824_Adler%20et%20al.%20Amicus%20Brief%20ISO%20Petitioners%205.13.2020.pdf">amicus brief</a> I filed along with a cross-ideological group of other legal scholars in <em>California v. Texas</em> (2021), the Obamacare severability case.</p> <p>The right answer will likely vary from agency to agency. But I suspect that Justice Gorsuch is right to think that at least some of these agencies would not have been created in their current form if not for the expectation that their leaders would be insulated from removal by the White House. If so, now that these protections against removal have been invalidated, their existence can be challenged as "inseverable" from the unconstitutional anti-removal provision.</p> <p>If the ensuing litigation results in the invalidation of the agencies, Congress could, of course, try to recreate them with new legislation. But the new agencies might not be granted as much power as their predecessors.</p> <p>I will not here attempt to canvas the relevant agencies or the gauge the prospects of inseverability lawsuits challenging each one. As already noted, the legal viability of a challenge may vary from case to case. In addition, courts may be reluctant to invalidate some agencies because of accumulated reliance interests or because of their economic and political significance. But I urge public interest groups, industries, consumers, and others affected by these agencies' regulatory powers to give serious consideration to challenging them on this basis.</p> <p>NOTE: For those keeping score, the position I tentatively advocate here is totally consistent with what I advocated in the Obamacare severability litigation referenced above. In <a href="https://reason.com/volokh/2021/06/19/three-years-of-commentary-on-california-v-texas/">various writings and amicus briefs</a> during the course of that litigation, I argued that what was left of the Obamacare "individual mandate" after Congress largely neutered it in 2017 (by abolishing the penalty for noncompliance) was too insignificant to render it inseverable from the rest of the Affordable Care Act. By contrast, protection of agency heads from removal is a far more important part of the statutes establishing at least some of the regulatory agencies to which it applied until ruled unconstitutional in <em>Slaughter</em>.</p><p>The post <a href="https://reason.com/volokh/2026/06/29/can-trump-v-slaughter-be-used-to-challenge-the-continued-legality-of-executive-agencies-congress-intended-to-be-independent/">Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[NA]]></media:credit>
		<media:caption><![CDATA[Donald Trump and FTC Commissioner Rebecca Slaughter.]]></media:caption>
		<media:text><![CDATA[Donald Trump and FTC Commissioner Rebecca Slaughter.]]></media:text>
		<media:title><![CDATA[Trump v Slaughter]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Trump-v-Slaughter-1200x656.jpg" width="1200" height="656" />
	</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>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<author>
			<name>Matt Welch</name>
							<uri>https://reason.com/people/matt-welch/</uri>
						<email>matt.welch@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Is Socialism Going Mainstream?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/06/29/is-socialism-going-mainstream/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8390836</id>
		<updated>2026-06-29T22:24:31Z</updated>
		<published>2026-06-29T22:02:44Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Plus: the DSA's policy agenda, Trump's chaotic Iran strategy, and America's 250th birthday]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/06/29/is-socialism-going-mainstream/">
			<![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>, <a href="https://reason.com/people/nick-gillespie/">Nick Gillespie</a>, and <a href="https://reason.com/people/matt-welch/">Matt Welch</a> discuss the growing influence of the Democratic Socialists of America (DSA) and whether socialism is becoming a mainstream force within the Democratic Party. The panel examines what's driving the DSA's recent gains, whether President Donald Trump has accelerated the movement's rise, and what a more openly socialist Democratic Party could mean for American politics.</p>
<p>Next, the editors discuss the DSA's policy agenda, including proposals on housing, labor, and public spending. They then examine Trump's strategy toward Iran and debate whether the latest round of military escalation has become a recurring cycle of weekend conflicts followed by uneasy ceasefires. The panel also reflects on America's 250th birthday and what the country's founding ideals still mean in an era of political polarization. Finally, a listener asks how low-budget filmmakers should balance fair pay for crew members with the financial realities of independent production.</p>
<p>&nbsp;</p>
<p>0:00—Is this the socialist moment?</p>
<p>15:45—DSA policy analysis</p>
<p>28:55—Iran war and the Strait of Hormuz</p>
<p>31:30—Listener question on films and unions</p>
<p>44:00—America's 250th birthday</p>
<p>50:05—Weekly cultural recommendation</p>
<p>&nbsp;</p>
<h2>Mentioned in the podcast:</h2>
<p>"<a href="https://reason.com/2019/04/16/are-socialists-more-like-libertarians-than-wed-like-to-admit/">Are Socialists More Like Libertarians Than We'd Prefer To Admit?</a>" by Elizabeth Nolan Brown</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/25/the-dsa-and-the-democrats-retreat-into-economic-fantasyland/" target="_blank" rel="noopener noreferrer">The DSA and the Democrats' Retreat Into Economic Fantasyland</a></span>," by Peter Suderman</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/26/mamdani-got-his-rent-freeze-wish-dont-expect-new-york-city-housing-to-become-more-affordable/" target="_blank" rel="noopener noreferrer">Mamdani Got His Rent Freeze Wish. Don't Expect New York City Housing To Become More Affordable,</a></span>" by Meagan O'Rourke</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/25/democratic-socialism-remains-an-elite-phenomenon/" target="_blank" rel="noopener noreferrer">Democratic Socialism Remains an Elite Phenomenon</a></span>," by Robby Soave</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/24/darializa-avila-chevalier-will-be-this-congress-first-campus-radical/" target="_blank" rel="noopener noreferrer">Darializa Avila Chevalier Will Be This Congress' First Campus Radical</a></span>," by Robby Soave</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/24/socialists-hijacked-my-city/" target="_blank" rel="noopener noreferrer">Socialists Hijacked My City</a></span>," by Liz Wolfe</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/29/dire-strait/" target="_blank" rel="noopener noreferrer">Dire Strait</a></span>," by Eric Bohem</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/17/adam-schiff-wants-federal-tax-credits-for-movie-and-tv-production/" target="_blank" rel="noopener noreferrer">Adam Schiff Wants Federal Tax Credits for Movie and TV Production</a></span>," by Joe Lancaster</p>
<p>"<span draggable="true"><a href="https://reason.com/2025/08/21/film-subsidies-werent-enough-to-keep-marvel-in-georgia/" target="_blank" rel="noopener noreferrer">Film Subsidies Weren't Enough To Keep Marvel in Georgia</a></span>," by Joe Lancaster</p>
<p>"<span draggable="true"><a href="https://www.wsj.com/business/media/the-former-drug-dealer-whose-shows-make-millions-without-hollywood-38ad87a9" target="_blank" rel="noopener noreferrer">The Former Drug Dealer Whose Shows Make Millions Without Hollywood</a></span>," by Ben Fritz</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/26/dont-let-the-countrys-wet-blankets-ruin-independence-day/" target="_blank" rel="noopener noreferrer">Don't Let the Country's Wet Blankets Ruin Independence Day</a></span>," by J.D. Tuccille</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/28/the-gun-that-won-the-revolution/" target="_blank" rel="noopener noreferrer">The Gun That Won the Revolution</a></span>," by David Kopel</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/06/the-first-free-americans/" target="_blank" rel="noopener noreferrer">Native Americans Taught Colonists How To Fight—and To Live Without Kings</a></span>," by Charles C. Mann</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/13/disillusioned-revolutionaries/" target="_blank" rel="noopener noreferrer">Disillusioned Revolutionaries: Many Founders Died in Despair About the American Experiment</a></span>," by Matt Welch</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/06/26/my-very-long-ride-on-the-maga-ferris-wheel/" target="_blank" rel="noopener noreferrer">My Very Long Ride on the MAGA Ferris Wheel</a></span>," by Billy Binion</p>
<p>The post <a href="https://reason.com/podcast/2026/06/29/is-socialism-going-mainstream/">Is Socialism Going Mainstream?</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_8390836.mp3" rel="enclosure" length="89311511" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Katherine Mangu-Ward appears on the left. Matt Welch appears on the right. In the center, an image appears of Mayor Zohran Mamdani in a New York Knicks jersey on stage, raising the hands of Brad Lander and Darializa Avila Chevalier. Bold text above them reads "NEW DEMOCRATIC PARTY?"]]></media:description>
		<media:title><![CDATA[Roundtable-6-29]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Roundtable-6-29-1200x675.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[
				Chief Justice Roberts (Likely) Ordered The Release Of Cook 30 Minutes Before He Announced It			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/29/chief-justice-roberts-likely-ordered-the-release-of-cook-30-minutes-before-he-announced-it/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390864</id>
		<updated>2026-06-29T22:29:53Z</updated>
		<published>2026-06-29T21:18:52Z</published>
					<summary type="html"><![CDATA[Slaughter and Cook were bundled together, as the Chief (likely) instructed.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/29/chief-justice-roberts-likely-ordered-the-release-of-cook-30-minutes-before-he-announced-it/">
			<![CDATA[<p>I have a regular routine for Supreme Court decision days. On one monitor, I have the SCOTUSBlog liveblog. On a second monitor, I have the SupremeCourt.gov opinions page open. I keep Adobe Acrobat ready on a third screen. And the fourth screen is the FantasySCOTUS database, where I immediately score the cases.</p>
<p>Usually SCOTUSBlog announces the case name and the authoring justice a few moments before the PDF link pops up on the website. (Circa 2010, the PDF links were simply the [docketnumber.pdf], so I was able to access some PDFs early by anticipating what cases came down; that practice was changed after I wrote about it.) When a Justice announces a dissent from the bench, we have to wait some time until the next opinion is released.</p>
<p>Today, the release <a href="https://www.scotusblog.com/2026/06/announcement-of-opinions-for-monday-june-29/">sequence</a> was predictable, until it wasn't.</p>
<p>At 10:01, SCOTUSBlog announced the majority opinion in <em>Watson</em>. Justice Barrett tends to offer long-ish summaries. At 10:09 SCOTUSBlog announced Justice Kagan's opinion in <em>Chartie</em>. At 10:15, Amy Howe announced: "We have Slaughter and Cook, both from Roberts." Both PDFs were posted at that time.  I assumed that Roberts announced from the bench that he wrote the majority opinion in both cases, which is why the files were posted online. But we learn from Mark Walsh's <a href="https://www.scotusblog.com/2026/06/250th-birthday-minutes-on-the-bench/">indispensable reporting</a> that the sequence was different:</p>
<blockquote><p>Roberts announces that "I have the opinion of the court in two related cases." This could be the transgender sports cases, but he quickly adds, "I will start with Trump v. Slaughter."</p></blockquote>
<p>Even though Roberts had not yet begun announcing the opinion in <em>Cook</em>, that opinion was still posted online immediately, and was distributed to the press room as a bundle.</p>
<blockquote><p>At this moment, reporters in the Press Room are being handed copies of both Slaughter, about President Donald Trump's attempt to remove a member of the Federal Trade Commission, and Trump v. Cook, about his efforts to remove a member of the Federal Reserve Board of Governors. In fact, the two lengthy opinions have rubber bands around them.</p></blockquote>
<p>I cannot recall an instance where a Justice announces two related cases, and both PDFs are posted simultaneously.</p>
<p>For example, on May 28, Justice Barrett had the majority opinion in two related cases, <em>Rutherford v. United States </em>and <em>Fernandez v. United</em> <em>States</em>. <a href="https://www.supremecourt.gov/opinions/25pdf/24-556_8m58.pdf">SCOTUSBlog</a> announced <em>Fernandez</em> at 9:02 and posted the PDF at that time. The <em>Fernandez </em>dissent referenced <em>Rutherford</em>, which, as a commenter pointed out, "currently does not exist." At 9:09, SCOTUSBlog announced the judgment in <em>Rutheford</em>, and the PDF came a minute later. This is the usual routine for as long as I can remember.</p>
<p>Indeed, Mark Walsh said that between Roberts's majority and Sotomayor's seventeen page dissent, approximately twenty-seven minutes would elapse.</p>
<blockquote><p>But it will be quite a while before we get to Cook. . . .</p>
<p>Roberts, who has kept his reading glasses on during the dissent, offers no off-the-cuff retorts or rebuttals. He says, "I will now turn to the opinion in Number 25A312, Trump versus Cook."</p>
<p>It is 10:42, and the rest of the world, including the Press Room, the president, the markets, and the nation, have known the outcome of this case for a good half hour before most of us in the courtroom do (given it was already posted on the court's website and reported on in places such as SCOTUSblog).</p></blockquote>
<p>Mark is wise to reference markets. A friend wrote, "Roberts was so spooked out about spooking out the stock market that he kept Cook for himself and then apparently had it released to the public before it was even announced in court." I believe it.</p>
<p>The Chief wanted to avoid nearly thirty minutes of suspense, while Sotomayor read her dissent, concerning the fate of the Federal Reserve. He remembers well the uncertainty that unfolded during the Obamacare handdown. The markets could have reacted negatively without knowing the fate of Cook. So the Chief Justice (likely) ordered the Court to post the PDFs and release the bundled opinions together. And of course, the Chief will hold birthright citizenship for the last moments of the term to signal to the public how nonpartisan the Court is.</p>
<p>I have finished reading the <em>Slaughter </em>majority, and will have a lot to say in due course. Here, I'll just offer an initial thought. The Chief Justice is very critical of the <em>Humphrey's Executor</em> majority, and suggests it was something of a political ruling to clap back at President Roosevelt. Roberts uses that background, at least in part, to justify overruling the decision. I wonder if Roberts had even a moment of cognitive dissonance. Virtually every major ruling he issued--even the timing of <em>Slaughter</em> itself--is based on Roberts's crude sense of politics. How will Roberts's political precedents be viewed once he is off the bench? I would wager they'll be treated with the same dignity that <em>Humphrey's Executor</em> was afforded. Whatever mishigas the Chief was trying to do with Trump will be forgotten, as well the ill-fated effort by the New Deal Court to thwart FDR.  Roberts's opinions cannot compare with a ruling like Justice Scalia's <em>Morrison</em> dissent, which stood the test of time and prevailed.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/29/chief-justice-roberts-likely-ordered-the-release-of-cook-30-minutes-before-he-announced-it/">Chief Justice Roberts (Likely) Ordered The Release Of &lt;i&gt;Cook&lt;/i&gt; 30 Minutes Before He Announced It</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Can the Supreme Court Slaughter Slaughter Without Cooking Cook?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/29/can-the-supreme-court-slaughter-slaughter-without-cooking-cook/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390855</id>
		<updated>2026-07-01T00:07:17Z</updated>
		<published>2026-06-29T21:05:02Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Monetary Policy" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Reserve" />		<summary type="html"><![CDATA[Tensions between today's two major presidential removal power decisions.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/29/can-the-supreme-court-slaughter-slaughter-without-cooking-cook/">
			<![CDATA[<figure id="attachment_8066592" aria-describedby="caption-attachment-8066592" style="width: 300px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8066592" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/06/Federal-Reserve-300x169.jpg" alt="" width="300" height="169" data-credit="Steveheap/Dreamstime.com" srcset="https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-300x169.jpg 300w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-768x432.jpg 768w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-800x450.jpg 800w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-600x338.jpg 600w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve-331x186.jpg 331w, https://reason.com/wp-content/uploads/2020/06/Federal-Reserve.jpg 1161w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8066592" class="wp-caption-text">The Federal Reserve.&nbsp;(Steveheap/Dreamstime.com)</figcaption></figure> <p>&nbsp;</p> <p>Today, the Supreme Court ruled that Slaughter gets slaughtered, but that Cook won't get cooked! In <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf"><em>Trump v. Slaughter</em></a>, a 6-3 Court divided along ideological lines ruled that the president generally has absolute power to remove the heads of executive branch agencies, even when Congress has enacted laws limiting that authority. At least as a general rule, those laws are - according to the Court - unconstitutional infringements on the president's executive power. Thus, Trump can give Democratic Federal Trade Commission member Rebecca Slaughter the axe.</p> <p>By contrast, in <a href="https://www.supremecourt.gov/opinions/25pdf/25a312_5468.pdf"><em>Trump v. Cook</em></a>, a 5-4 majority (including two of the justices who were also in the majority in <em>Slaughter</em>), ruled that Trump does <em>not</em> have unlimited power to fire members of the Federal Reserve Board. The Court ruled that the law allowing him to remove them only "for cause" is constitutional, and that "for cause" is a fairly high standard, compatible with maintaining the Fed's "independence." Moreover, if the president tries to fire board members for cause, he has to give them substantial due process. This doesn't definitively save Federal Reserve Board of Governors member Lisa Cook's job (Trump claims he can fire her due to accusations of mortgage fraud). But it certainly gives her and her colleagues strong protection against removal, and makes it clear the president cannot simply fire them whenever he wants.</p> <p><a href="https://reason.com/volokh/2025/03/02/perils-of-unitary-executive-theory/">Elsewhere</a>, I have outlined my reservations about unitary executive theory, which focus in large part on its application to agencies that wield powers the federal government was not supposed to have in the first place. I also agree with most of prominent originalist legal scholar Larry Solum's <a href="https://legaltheoryblog.com/2026/06/29/constitutional-theory-in-slaughter-and-cook-the-roles-of-originalism-and-constitutional-pluralism/">critique</a> of the Court's opinions in <em>Slaughter</em> and <em>Cook. </em>Even if they are right about the bottom line in one or both cases, the majority's reasoning is far from air-tight.</p> <p><em> </em>Here, I focus on the question of whether the two rulings are compatible with each other. It seems to me highly likely, though not certain, that the answer is "no." In addition, the tension between the two makes it possible that the Federal Reserve won't be the only exception to the rule in <em>Slaughter</em>. When it comes to presidential removal power, some federal agencies are more equal than others, and it is not entirely clear which ones are which.</p> <p>In her dissent in <em>Cook</em>, Justice Amy Coney Barrett writes that "the Court's holding is in serious tension with <em>Trump v. Slaughter,</em> which we also decide today." She adds that, under the majority's approach it is not clear whether "the Federal Reserve [is] unique, or might history sanction other exceptions too?" Although I don't necessarily agree with all the other points she makes in her dissent, she seems right about this aspect!</p> <p>Chief Justice John Roberts' majority opinion in <em>Cook</em>, explains the Federal Reserve Board's exception status as follows:</p> <blockquote><p>Justice Thomas [in his dissent] declares the statute "unconstitutional," an infringement on the President's power to "remove his subordinates at will,&hellip;"</p> <p>We disagree, as did "the founders of our Government and framers of our Constitution" when they "were actively participating in public affairs." Myers v. United States, 272 U. S. 52, 175 (1926). They knew from experience (and Hamilton reminded them) of the calamities that could arise from even the "suspicion" of political manipulation of monetary policy. Report on a National Bank 331. So when they established the First Bank of the United States, they guaranteed its independence from Presidential control. Their successors did the same for the Second Bank. That enabled both banks to serve as the "great regulating wheel" of the early American financial system&hellip;. The Federal Reserve follows in this lineage&hellip;.</p> <p>It is true, of course, that this tradition has not stood still; as Justice Thomas notes, the Federal Reserve is more powerful than its predecessors, managing a vastly more complex economy in a vastly more complex world&hellip;. We see no reason, however, why our central bank ought to be "trapped in amber" any more than any other aspect of our constitutional scheme&hellip;. What matters is that the Federal Reserve remains "consistent with the principles that underpin" the First and Second Banks—namely, that monetary policy should not be subject to political interference&hellip;</p></blockquote> <p>This is far from satisfying. If the issue is simply that central bank independence is a longstanding tradition, the same is true of many other independent agencies, some of which - as the dissenters in <em>Slaughter</em> point out - have existed for a century or more.  I certainly agree - as  do monetary economists across the political spectrum - that central bank independence is important for ensuring the stability of the monetary system and curbing inflation. But that is a policy consideration of a kind that is not normally supposed to influence originalist legal interpretation. Moreover, there are policy arguments (occasionally perhaps even strong ones) for the independence of various other regulatory agencies.</p> <p>If the claim is that the Federal Reserve is different because it has important non-regulatory functions, the same is true of many other agencies, too - including the FTC (at issue in <em>Slaughter</em>). As Justice Gorsuch notes in his concurring opinion in <em>Slaughter</em>, "Congress has also delegated to them vast legislative and judicial powers, effectively allowing these agencies to make laws and decide disputes under them. And, after today's decision, the President can effectively exercise all those powers too." Moreover, the <em>Slaughter </em>majority  emphasizes that "the President may remove his subordinates at will," at least when it comes to officials who wield any significant executive power at all. As the <em>Cook</em> dissenters point out, members of the Federal Reserve Board exercise various executive powers, such as regulating banks.</p> <p>If majority's position rests on specifically on the importance of continuity with the First and Second Banks of the United States, it is somewhat strange that this particular continuity gets such exalted status. It is especially strange in light of the fact that many of the Founders - including James Madison, Thomas Jefferson, and Edmund Randolph (the first Attorney General) believed that the Bank of the United States was unconstitutional. That doesn't strike me as the kind of consensus that should lead originalists to elevate this institution's pedigree over that of others.</p> <p>As <a href="https://legaltheoryblog.com/2026/06/29/constitutional-theory-in-slaughter-and-cook-the-roles-of-originalism-and-constitutional-pluralism/">Larry Solum notes</a>, the <em>Cook</em> majority's approach to the Fed has much in common with the "history and tradition" test the Supreme Court has been using in Second Amendment cases, since the 2022 <em>Bruen</em> decision. In both cases, the Court looks to historical analogues to assess the constitutionality of modern laws and policies.  I would add that the criticisms I and others have <a href="https://reason.com/volokh/2026/06/18/supreme-court-rules-government-cannot-bar-marijuana-users-from-owning-guns/">raised against the <em>Bruen</em></a> test apply here too. While I favor strong protection for Second Amendment rights, the <em>Bruen</em> test is often amorphous, subjective, and too far removed from the actual text and original meaning. The same is true of the Court's use of similar reasoning in <em>Cook</em>.</p> <p>All of this raises the prospect that it may be premature to declare the demise of all independent agencies other than the Fed. Perhaps the latter is not a unique exception, but one that can set a precedent for others. Justice Barrett raises this possibility in her <em>Cook</em> dissent. In his majority opinion in <em>Slaughter, </em>Chief Justice Roberts notes that "we have left open the possibility that some functions traditionally handled outside the Executive Branch may not be encompassed by <em>Myers's</em> general rule [that the president must be able to fire subordinates]." He also emphasizes that the Court does not "determine the fate of officials not before us."</p> <p>Cynics will say that what really matters here is that the justices know that central bank independence has enormous real-world significance to the stability of the economy, whereas they (or at least the conservatives) assign less value to the independence of other agencies. But I suspect at least some of the justices take the "history and tradition" approach seriously, and therefore will make at least some good faith effort to apply it elsewhere - just as they have tried to do in Second Amendment cases, including the 2024 <a href="https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf"><em>Rahimi</em></a> decision, where all but one conservative justice (Thomas) voted to uphold a gun control law. But even if the distinction is driven by policy concerns, it's possible the Court will find other agencies where such concerns loom large enough in the minds of a majority to make another exception to the rule.</p> <p>For these reasons, I think today's decisions may not be as clear and definitive as they might seem. As is often the case, future rulings may shed more light on things. Perhaps the Court will give us a better explanation of why the Fed is different in a way that applies to few if any other agencies. Perhaps they will elucidate the exception in a way that encompasses a good many other agencies, too. There may be other possibilities, as well. We shall see.</p><p>The post <a href="https://reason.com/volokh/2026/06/29/can-the-supreme-court-slaughter-slaughter-without-cooking-cook/">Can the Supreme Court Slaughter Slaughter Without Cooking Cook?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[reason-federalreserve]]></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[
				In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/29/in-chatrie-neil-gorsuch-reiterates-his-critique-of-2-dubious-fourth-amendment-doctrines/" />
		<id>https://reason.com/?p=8390782</id>
		<updated>2026-06-29T19:05:08Z</updated>
		<published>2026-06-29T19:05:40Z</published>
			<category scheme="https://reason.com/latest/" term="Cellphones" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Warrants" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Google" /><category scheme="https://reason.com/latest/" term="Neil Gorsuch" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Search and Seizure" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory and unworkable in practice.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/29/in-chatrie-neil-gorsuch-reiterates-his-critique-of-2-dubious-fourth-amendment-doctrines/">
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		<p>On Monday in <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf"><em>Chatrie v. United States</em></a>, the Supreme Court <a href="https://reason.com/2026/06/29/in-big-win-for-fourth-amendment-advocates-the-supreme-court-says-geofence-warrants-count-as-a-search/">held</a> that government-ordered analysis of data collected via Google's Location History feature, which tracks the whereabouts of cellphone users, qualifies as a "search" within the meaning of the Fourth Amendment. Justice Neil Gorsuch <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf#page=42">concurred</a> in that judgment, but he wrote separately to reiterate his <a href="https://reason.com/2019/11/16/but-gorsuch/">longstanding</a> critique of <a href="https://reason.com/2026/04/29/a-scotus-case-exposes-the-dangers-of-2-misguided-fourth-amendment-doctrines/">two dubious concepts</a> that have figured prominently in the Court's Fourth Amendment reasoning for half a century: the "<a href="https://constitution.congress.gov/browse/essay/amdt4-3-3/ALDE_00013717/">reasonable expectation of privacy</a>" test and the <a href="https://ij.org/issues/ijs-project-on-the-4th-amendment/third-party-doctrine/">third-party doctrine</a>.</p>
<p>In the 1967 case <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep389/usrep389347/usrep389347.pdf"><em>Katz v. United States</em></a>, the Supreme Court held that electronic surveillance of telephone conversations requires a search warrant. By attaching a monitoring device to a telephone booth used by a suspected bookie, the majority said, the FBI had "violated the privacy upon which [the target] justifiably relied while using the telephone booth." The surveillance "thus constituted a 'search and seizure' within the meaning of the Fourth Amendment." In other words, Justice John Marshall Harlan II said in a <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep389/usrep389347/usrep389347.pdf#page=14">concurring opinion</a>, the Fourth Amendment applies when someone has an "expectation of privacy" that "society is prepared to recognize as 'reasonable.'"</p>
<p>Gorsuch's <em>Chatrie</em> <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf#page=42">opinion</a> notes one problem with that test: "It has no basis in the Constitution's text or history." He adds that it has never been clear how courts should determine when an "expectation of privacy" is "reasonable."</p>
<p>Maybe <em>Katz </em>"poses an empirical question, tagging reasonable expectations of privacy to those privacy expectations 'people <em>actually</em> have,'" Gorsuch writes. "Or maybe the question is a normative one, asking what expectations reasonable people '<em>should</em>&hellip;have.' In truth, nobody knows and, either way, this Court is the wrong body for the task. We aren't equipped to make empirical assessments about what most Americans think. Nor is it our job to enforce our own normative judgments, as opposed to those embodied in the Constitution and laws."</p>
<p>The Supreme Court compounded the uncertainty in the 1976 case <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep425/usrep425435/usrep425435.pdf"><em>United States v. Miller</em></a> by holding that people do <em>not</em> have a reasonable expectation of privacy in their bank records. By voluntarily sharing financial information with a third party, the Court said, bank customers relinquish any constitutionally cognizable privacy interest in that information. The Court reiterated that principle in the 1979 case <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep442/usrep442735/usrep442735.pdf"><em>Smith v. Maryland</em></a>, which involved telephone records.</p>
<p>Under the third-party doctrine, Gorsuch notes, "an individual maintains no 'reasonable expectation of privacy' in information he shares with others. Accordingly, the government may freely search a person's papers and effects without triggering any Fourth Amendment scrutiny so long as they are entrusted to the care of someone else."</p>
<p>As with <em>"Katz </em>itself," Gorsuch says, "this Court has never offered a persuasive justification for its offshoot. Nor do I see how it might. Do we seriously mean to suggest that most Americans think they have no 'reasonable expectation of privacy' in records held for them by their banks or pharmacists or doctors or technology companies? If not, on what authority might we rule that the American people should not reasonably expect privacy in materials like those? Really, the third party doctrine amounts to little more than a 'doubtful application of <em>Katz</em> that lets the government search almost whatever it wants whenever it wants.'"</p>
<p>The challenge of combining the <em>Katz</em> test with the third-party doctrine, Gorsuch says, is similar to the puzzle posed by the Supreme Court's definition of obscenity in the 1960s: "We know a 'reasonable expectation of privacy' (and an exception to the third party doctrine) when we see it." He proposes a different approach, tied to the language of the Fourth Amendment.</p>
<p>Among other things, the Fourth Amendment protects "papers" and "effects" from "unreasonable searches and seizures." As Gorsuch sees it, the question in <em>Chatrie</em> is whether Location History information falls into one of those categories.</p>
<p>"Based on the evidence the parties have put before us, it appears the word 'effects' was understood at the time of the Fourth Amendment's adoption to embrace most any kind of personal property," Gorsuch writes. He cites several pieces of evidence suggesting that a cellphone user's Location History information qualifies as his property.</p>
<p>"As Google puts it, and no one seriously disputes, Location History serves as a 'diary' or map 'of a person's travels,'" Gorsuch says. At the time of the Virginia bank robbery investigation at issue in <em>Chatrie</em>, Google's agreement with cellphone users "referred to Location History as 'your' (meaning, the user's) 'information.'" The agreement allowed each user to "review" and "edit" his location data or even "export or delete that data 'from Google's servers at will.'" Google promised to protect the information from "unauthorized access, alteration, disclosure, or destruction."</p>
<p>In short, Gorsuch writes, the robbery suspect who brought this case, Okello Chatrie, "had the rights to enjoy, manage, alter, dispose, and exclude others from what amounted to an electronic diary or map of his travels. And as someone who held that many 'sticks in the bundle of rights&hellip;commonly characterized as property'—including the 'most treasured' and 'essential' right to exclude—he has a strong claim that the Location History data was his personal property."</p>
<p>Gorsuch also notes the treatment of such information under Virginia law. "That State's Computer Crimes Act expressly describes 'computer data' as a form of '[p]roperty,'" he writes. "Altering or making an unauthorized copy of computer data can constitute the crime of 'computer trespass' (another property law concept). And the State provides a right to sue for anyone 'whose property or person is injured' by violations of the Act (again suggesting a right to exclude)."</p>
<p>Virginia is not unusual in these respects. Most states "have enacted or amended laws to treat digital records and data as personal property," the Cato Institute's <a href="https://www.supremecourt.gov/DocketPDF/25/25-112/399667/20260302131132317_Chatrie%20v.%20US_Final.pdf">brief</a> in <em>Chatrie</em> notes. "Many of these laws make it illegal for private actors to access or convert another person's digital data. By explicitly defining digital records as 'property' and by enacting digital privacy statutes that give users the right to obtain, control, and delete their personal information, states have recognized that users often own their digital records."</p>
<p>At the time of the robbery investigation, Google stored Location History data on its own servers. Does that matter? The third-party doctrine suggests it might, although the majority in <em>Chatrie</em> declined to apply that exception for reasons that are not entirely clear. But from a property rights perspective, the fact that Chatrie entrusted his data to Google for certain purposes is not decisive.</p>
<p>"An individual need not have 'complete ownership or exclusive control' before he can assert a Fourth Amendment challenge against the search of real property," Gorsuch notes. The Court has "long recognized" that tenants and family members have Fourth Amendment rights with respect to the places where they live, he says, and "I fail to see why the law should differ markedly when it comes to personal property."</p>
<p>When you "[t]oss your keys to a valet at a restaurant" or "[a]sk your neighbor to look after your dog while you travel," Gorsuch notes, "you may entrust your personal property to another and license him to do certain things with it, much as Mr. Chatrie did with his Location History data. But that hardly means that property is no longer yours."</p>
<p>Nor does it matter, in Gorsuch's view, that the Framers "might not have imagined an electronic diary or map of one's travels," since "the terms found in the Fourth Amendment carry their original public meaning and can bear more applications than its drafters might have expected or intended." Just as the First Amendment "protects speech over the internet today no less than it did speech delivered in the town square in 1791," he says, "it should hardly come as a surprise that the Fourth Amendment might protect as personal 'effects' electronic diaries of one's travels as it always has more traditional ones."</p>
<p>In Gorsuch's view, "Mr. Chatrie's Location History data qualifies as his personal property." And while he wishes the majority opinion in <em>Chatrie</em> reflected "a more traditional approach to the Fourth Amendment," he sees signs that his colleagues might be receptive to his take.</p>
<p>"Why is the Court so protective of Location History data, email, and electronically stored photos and calendars?" Gorsuch asks. "Because, it turns out, 'a user reasonably understands' all those things 'as his own.' Put another way, they are his effects. And why does the Court hold Mr. Chatrie's effects protected by the Fourth Amendment even though a third party stores them? Because, the Court says, those effects remain his 'even though [they are] stored on Google's servers.' Put another way, entrusting your effects to a third party for certain agreed purposes doesn't mean they are no longer yours." Although "more work may lie ahead to bring coherence to our Fourth Amendment jurisprudence," Gorsuch concludes, "perhaps this is a start."</p>
<p>The post <a href="https://reason.com/2026/06/29/in-chatrie-neil-gorsuch-reiterates-his-critique-of-2-dubious-fourth-amendment-doctrines/">In &lt;i&gt;Chatrie&lt;/i&gt;, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[SCOTUS/Erin Schaff/Zuma Press/Newscom/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Supreme Court Justice Neil Gorsuch]]></media:description>
		<media:title><![CDATA[Gorsuch-Chatrie-concurrence]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				ICE Warns Syracuse Poll Worker To Delete a Political Instagram Post			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/29/ice-warns-syracuse-poll-worker-to-delete-a-political-instagram-post/" />
		<id>https://reason.com/?p=8390813</id>
		<updated>2026-06-29T18:24:58Z</updated>
		<published>2026-06-29T18:24:58Z</published>
			<category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Social Media" /><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="ICE" /><category scheme="https://reason.com/latest/" term="New York" />		<summary type="html"><![CDATA[Federal law can punish true threats, and doxing intended to facilitate violence. But this woman simply named a government agent, which is not a crime.]]></summary>
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		<p><span data-preserver-spaces="true">Over the past year and a half, Trump administration officials have gone after protestors—and </span><a class="editor-rtfLink" href="https://reason.com/2026/02/13/the-feds-used-threats-to-silence-their-ice-tracking-speech-now-theyre-fighting-back/" target="_blank" rel="noopener"><span data-preserver-spaces="true">even apps</span></a><span data-preserver-spaces="true">—critical of the government's immigration policies. Now, federal agents are targeting individuals for constitutionally protected speech on social media.</span></p>
<p><span data-preserver-spaces="true">Last week, Syracuse resident Paigelynne Gonyea was </span><a class="editor-rtfLink" href="https://www.youtube.com/watch?v=NbptprtH4bk" target="_blank" rel="noopener"><span data-preserver-spaces="true">approached</span></a><span data-preserver-spaces="true"> by two Immigration and Customs Enforcement (ICE) agents at her workplace </span><span data-preserver-spaces="true">and </span><a class="editor-rtfLink" href="https://www.instagram.com/p/DZ8N92qphOL/" target="_blank" rel="noopener"><span data-preserver-spaces="true">given a warning</span></a><span data-preserver-spaces="true"> to remove a social media post on an Instagram account the agents believed was hers. In a letter given to Gonyea, the ICE agents say the post may have broken federal law, as </span><a class="editor-rtfLink" href="https://www.syracuse.com/news/2026/06/federal-agents-track-down-syracuse-woman-demand-she-remove-instagram-post-about-ice.html" target="_blank" rel="noopener"><span data-preserver-spaces="true">reported</span></a><span data-preserver-spaces="true"> by </span><em><span data-preserver-spaces="true">Syracuse.com</span></em><span data-preserver-spaces="true">.</span></p>
<p><span data-preserver-spaces="true">"YOU MAY BE IN VIOLATION OF FEDERAL LAW," the </span><a class="editor-rtfLink" href="https://www.instagram.com/p/DZ8N92qphOL/" target="_blank" rel="noopener"><span data-preserver-spaces="true">document</span></a><span data-preserver-spaces="true"> she shared on Instagram reads. "OPR (ICE's Office of Professional Responsibility) has identified an Instagram post handle 'TURNDAPAIGEOFFICAL', which it has reason to believe may constitute a violation of Title 18 of the U.S. Code. Accordingly, OPR is requesting that you promptly remove and/or discontinue the aforementioned behavior."</span></p>
<p><span data-preserver-spaces="true">Under </span><a class="editor-rtfLink" href="https://www.law.cornell.edu/uscode/text/18/115" target="_blank" rel="noopener"><span data-preserver-spaces="true">Section 115</span></a><span data-preserver-spaces="true"> of Title 18, it is illegal to threaten to assault, kidnap, or murder a federal official, federal law enforcement officer, or their immediate family </span><span data-preserver-spaces="true">member </span><span data-preserver-spaces="true">when the threat is intended to impede, intimidate, interfere with, or retaliate against that official for doing their job. A threat made in violation of this statute could carry up to 10 years in prison. </span><a class="editor-rtfLink" href="https://www.law.cornell.edu/uscode/text/18/119" target="_blank" rel="noopener"><span data-preserver-spaces="true">Section 119</span></a><span data-preserver-spaces="true">, meanwhile, prohibits knowingly publishing "restricted personal information" about protected people, but only when it is done with the intent to threaten, intimidate, or incite a crime of violence, or with the knowledge that the information will be used for that purpose. Therefore, the laws do not criminalize criticizing or naming a federal officer, but prohibit threats and doxing carried out with a specific unlawful intent.</span></p>
<p><span data-preserver-spaces="true">Gonyea, who posts about immigration on her social media frequently, says the </span><a class="editor-rtfLink" href="https://www.instagram.com/p/DTQ1FYDkyua/" target="_blank" rel="noopener"><span data-preserver-spaces="true">post</span></a><span data-preserver-spaces="true"> at issue named the ICE agent who shot protester Renée Good in Minnesota, and who had already been identified in public reporting. "BREAKING: The ICE agent who shot and killed Renee Good in broad daylight has been identified as Jonathan Ross by the Minnesota Star Tribune. I think today is a great day for Jonathan to be indicted!" the post says.</span></p>
<p><span data-preserver-spaces="true">The post, as described, appears to fall short of breaking the statutes cited in the warning. It did not include Ross' address, phone number, Social Security number, or other personal information, nor did she threaten to assault him. It merely named a federal agent who had already been identified in news reports and expressed the view that he should be indicted.</span></p>
<p><span data-preserver-spaces="true">Gonyea denies threatening anyone or publishing private information. "I didn't dox his personal information, such as address, phone number," she </span><a class="editor-rtfLink" href="https://www.syracuse.com/news/2026/06/federal-agents-track-down-syracuse-woman-demand-she-remove-instagram-post-about-ice.html" target="_blank" rel="noopener"><span data-preserver-spaces="true">told</span></a><em><span data-preserver-spaces="true"> Syracuse.com</span></em><span data-preserver-spaces="true">. She has contacted the attorney general's office, her local congressman, Syracuse Mayor Sharon Owens, and the New York Civil Liberties Union. She has no plans to delete the post.</span></p>
<p><span data-preserver-spaces="true">"For ICE to come to me over a social media post just feels very 1984 to me&hellip;They definitely should have known better </span><span data-preserver-spaces="true">to</span> <span data-preserver-spaces="true">not</span><span data-preserver-spaces="true"> go into a polling place, even if I said it was OK," she </span><a class="editor-rtfLink" href="https://www.syracuse.com/news/2026/06/federal-agents-track-down-syracuse-woman-demand-she-remove-instagram-post-about-ice.html" target="_blank" rel="noopener"><span data-preserver-spaces="true">told</span></a><span data-preserver-spaces="true"> the outlet.</span></p>
<p><span data-preserver-spaces="true">Armed federal agents showing up at a poll worker's workplace to pressure her to delete a political Instagram post without charging her, obtaining a court order, or clearly identifying the supposedly unlawful language raises obvious concerns about government officials using intimidation to silence critics.</span></p>
<p><span data-preserver-spaces="true">Notably, the document doesn't give Gonyea a practical way to challenge or clarify the warning. It tells her to contact "the undersigned Special Agent who served you with this Warning Notice to the local OPR field office" if she wishes to discuss it further, but, as the photo of the document on her </span><a class="editor-rtfLink" href="https://www.instagram.com/p/DZ8N92qphOL/" target="_blank" rel="noopener"><span data-preserver-spaces="true">Instagram</span></a><span data-preserver-spaces="true"> shows, the section where the agent's name and contact details are supposed to be added is blank.</span></p>
<p><span data-preserver-spaces="true">Gonyea is not the first American to face scrutiny from law enforcement over a social media post. In October, Larry Bushart, a 61-year-old former police officer in Tennessee, was </span><a class="editor-rtfLink" href="https://reason.com/2025/10/10/tennessee-man-arrested-gets-2-million-bond-for-posting-facebook-meme/" target="_blank" rel="noopener"><span data-preserver-spaces="true">arrested and held</span></a><span data-preserver-spaces="true"> on a $2 million bond after posting a Facebook meme about President Donald Trump. Both Bushart's case and Gonyea's illustrate how quickly officials can treat political speech as a criminal threat, even when the likelihood of actual violence is speculative at best.</span></p>
<p><span data-preserver-spaces="true">"A free America doesn't dispatch federal law enforcement agents to intimidate someone for an Instagram post of publicly available information," </span><a class="editor-rtfLink" href="https://www.fire.org/news/statement-ice-tracked-down-new-york-woman-who-posted-information-she-saw-newspaper-why-her" target="_blank" rel="noopener"><span data-preserver-spaces="true">said</span></a><span data-preserver-spaces="true"> Adam Steinbaugh, senior attorney at the Foundation for Individual Rights and Expression (FIRE), regarding Gonyea's case. "Free speech is the bedrock of a free society, and the First Amendment squarely prohibits ICE agents from intimidating Americans for nothing more than repeating information from a newspaper report. As we approach the 250th anniversary of our independence from England, where police now hassle residents over social media posts, let's not follow their lead."</span></p>
<p><span data-preserver-spaces="true">Gonyea's encounter occurs at a moment when Americans are increasingly worried that free speech is under threat. According to a FIRE </span><a class="editor-rtfLink" href="https://www.fire.org/news/new-high-34-americans-say-free-speech-headed-wrong-direction" target="_blank" rel="noopener"><span data-preserver-spaces="true">poll</span></a><span data-preserver-spaces="true"> from November 2025, a record 74 percent of Americans believe free speech in the U.S. is headed in the wrong direction. The poll found that 53 percent of Americans are "very" or "extremely" concerned about government officials pressuring social media companies to remove content based on the ideology expressed.</span></p>
<p><span data-preserver-spaces="true">Federal officials showing up at a woman's workplace to pressure her to delete a political social media post certainly makes fears about threats to free speech in America feel far less abstract.</span></p>
<p>The post <a href="https://reason.com/2026/06/29/ice-warns-syracuse-poll-worker-to-delete-a-political-instagram-post/">ICE Warns Syracuse Poll Worker To Delete a Political Instagram Post</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Syracuse resident Paigelynne Gonyea being approached by ICE agents]]></media:description>
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	</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[
				In Big Win for Fourth Amendment Advocates, the Supreme Court Says 'Geofence Warrants' Count as a 'Search'			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/29/in-big-win-for-fourth-amendment-advocates-the-supreme-court-says-geofence-warrants-count-as-a-search/" />
		<id>https://reason.com/?p=8390790</id>
		<updated>2026-06-29T16:30:30Z</updated>
		<published>2026-06-29T16:50:52Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Warrants" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Searches" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[Understanding Chatrie v. United States.]]></summary>
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		<p>The U.S. Supreme Court has issued a far-reaching decision on the constitutionality of a law enforcement tool that allows police to access the location histories of millions of cell phone users. In a welcome result for civil libertarians, the Court <a href="https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf">ruled</a> on Monday that "geofence warrants" count as a "search" under the Constitution and therefore trigger the Fourth Amendment's safeguards against unreasonable searches and seizures.</p>
<p>The geofence warrant at issue in this case, <em>Chatrie v. United States</em>, was issued to Google. It told the tech company to search the location histories of every one of its users in order to determine which ones were present in the vicinity of a bank robbery. That information ultimately led to the arrest of Okello Chatrie.</p>
<p>Chatrie's lawyers argued that this police tactic amounted to "an unconstitutional general warrant [that] compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence," the very sort of sweeping assault on civil liberties that the Fourth Amendment was originally enshrined to protect. "The Fourth Amendment was born of the Founders' revulsion for general warrants and writs of assistance—instruments that allowed the government to search first and develop suspicions later," Chatrie's lawyers <a href="https://www.supremecourt.gov/DocketPDF/25/25-112/397074/20260223160717593_25-112%20-%20Opening%20Brief.pdf">told</a> the Court.</p>
<p>Writing for the majority, Justice Elena Kagan sided with Chatrie. "The police conducted a search when they gained access to Location History data," Kagan wrote. "An individual has a reasonable expectation of privacy in records about his cell phone's location, and police intrude on that constitutionally protected interest when they demand the information—even though for only a limited time, and from a third-party tech company."</p>
<p>Kagan's opinion was joined in full by Chief Justice John Roberts and by Justices Sonia Sotomayor, Brett Kavanaugh, and Ketanji Brown Jackson.</p>
<p>Writing alone in concurrence, Justice Neil Gorsuch agreed that Chatrie deserved to win but argued for a different legal rationale. "As I see it, Mr. Chatrie's Location History data qualifies as his personal property," Gorsuch wrote, which would place it among his "effects," a specific category that is listed in the Fourth Amendment itself. And "just as the First Amendment protects speech over the internet today no less than it did speech delivered in the town square in 1791," Gorsuch argued, "it should hardly come as a surprise that the Fourth Amendment might protect as personal 'effects' electronic diaries of one's travels as it always has more traditional ones."</p>
<p>With Gorsuch thus voting in favor of Chatrie, the final result of the case was 5–1–3 on the legal reasoning and 6–3 on the result.</p>
<p>Justice Samuel Alito wrote the principal dissent, joined in full by Justice Clarence Thomas and joined mostly by Justice Amy Coney Barrett. According to Alito, the Court's "pose as a great champion of privacy in the digital age" will only "unleash" an "upheaval in Fourth Amendment law." Alito said, "I cannot support this irresponsible escapade."</p>
<p>Here's a little rule of thumb for Fourth Amendment cases: Whenever you find <a href="https://reason.com/2020/06/13/criminal-justice-divides-the-conservative-judiciary/">Gorsuch and Alito on opposite sides</a>, you may safely bet on the likelihood that civil libertarians will be cheering Gorsuch and jeering Alito. That's certainly the upshot of today's decision.</p>
<p>The post <a href="https://reason.com/2026/06/29/in-big-win-for-fourth-amendment-advocates-the-supreme-court-says-geofence-warrants-count-as-a-search/">In Big Win for Fourth Amendment Advocates, the Supreme Court Says &#039;Geofence Warrants&#039; Count as a &#039;Search&#039;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[U.S. Supreme Court building in the background and legal documents in the Chatrie case and smartphones in front of it]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Zach Weissmueller</name>
							<uri>https://reason.com/people/zach-weissmueller/</uri>
						<email>zach.weissmueller@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The American Revolution Isn't Over			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/06/29/the-american-revolution-isnt-over/" />
		<id>https://reason.com/?post_type=video&#038;p=8381765</id>
		<updated>2026-06-30T14:08:20Z</updated>
		<published>2026-06-29T16:35:58Z</published>
			<category scheme="https://reason.com/latest/" term="Freedom" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="American Revolution" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Government" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Liberty" /><category scheme="https://reason.com/latest/" term="United States" />		<summary type="html"><![CDATA[Washington’s troops won the ground war, but today's left and right are waging war on the ideals of the Revolution.]]></summary>
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		<p><span style="font-weight: 400;">On the 250th anniversary of the Declaration of Independence, it's worth asking: What was the American Revolution actually about?</span></p>
<p><span style="font-weight: 400;">We all remember the broad strokes we learned in school: Independence from the British crown. Taxes on tea. Life, liberty, and the pursuit of happiness.</span></p>
<p><span style="font-weight: 400;">But on a deeper level, the American Revolution was—and is—a revolution in political theory, reimagining what a legitimate government is and what its relationship to its citizens should be.</span></p>
<p><span style="font-weight: 400;">Washington's troops won the ground war 245 years ago at Yorktown, but the ideological battle continues against forces on both the left and the right who are pursuing a ruthless assault on America's core values. The American Revolution isn't over.</span></p>
<p><a href="https://commons.wikimedia.org/wiki/File:Jefferson_Memorial_rotunda_%E2%80%9Cagainst_every_form_of_tyranny_over_the_mind_of_man%E2%80%9D.jpg"><span style="font-weight: 400;">Inscribed inside the dome</span></a><span style="font-weight: 400;"> of the Jefferson Memorial are the words: "I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man." Thomas Jefferson </span><a href="https://founders.archives.gov/documents/Jefferson/01-32-02-0102"><span style="font-weight: 400;">wrote that</span></a><span style="font-weight: 400;"> in an 1800 letter, but that feeling of hostility toward the tyranny of a distant monarch is what drove him and his fellow revolutionaries in 1776.</span></p>
<p><span style="font-weight: 400;">Supreme Court Justice Neil Gorsuch summarized the Declaration's core ideas in an </span><a href="https://www.youtube.com/watch?v=j9H2lZ3fEBc"><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;"> with <em>Reason</em></span><span style="font-weight: 400;">: "The Declaration of Independence had three great ideas in it. That all of us are equal. That each of us has inalienable rights given to us by God, not government. And that we have the right to rule ourselves."</span></p>
<p><span style="font-weight: 400;">That's why Jefferson declared that a legitimate government requires the "consent of the governed." Thomas Paine put it more scathingly in his 1776 pamphlet </span><em><a href="https://oll.libertyfund.org/pages/1776-paine-common-sense-pamphlet"><span style="font-weight: 400;">Common Sense</span></a></em><span style="font-weight: 400;">, writing that "government by kings was first introduced into the world by the Heathens." Monarchy was the Devil's most effective and enduring form of "idolatry."</span></p>
<p><span style="font-weight: 400;">We don't fret over tyrannical kings in today's America. Only ceremonial vestiges of hereditary monarchy remain in the modern world. The Revolution achieved a complete victory in that sense.</span></p>
<p><span style="font-weight: 400;">Yet a counterrevolution is underway, one that views the American Revolution and the republic it birthed as a failed liberal regime that has outlived its usefulness. And these counterrevoluti</span><span style="font-weight: 400;">onaries sit remarkably close to the levers of power.</span></p>
<h1><strong>Self-Rule Under Threat</strong></h1>
<p><span style="font-weight: 400;">Three years before he became vice president, J.D. Vance told podcaster Jack Murphy that America had reached a point of no return. "We are in the late republican period," he </span><a href="https://www.youtube.com/watch?v=PMq1ZEcyztY"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">. "If we're going to push back against it we have to get pretty wild and pretty far out there and go in directions that a lot of conservatives right now are uncomfortable with. Indeed, among some of my circle the phrase 'extra-constitutional' has come up quite a bit."</span></p>
<p><span style="font-weight: 400;">Vance regularly cites and associates with a group of so-called "postliberals." He appeared on a </span><a href="https://www.youtube.com/watch?v=2ZbsiKEhy-8"><span style="font-weight: 400;">panel</span></a><span style="font-weight: 400;"> with one of this movement's leading intellectuals, Patrick Deneen, a Notre Dame political science professor and the author of </span><a href="https://reason.com/2023/06/07/liberalism-isnt-rule-by-elites/"><i><span style="font-weight: 400;">Regime Change: Toward a Postliberal Future</span></i></a><span style="font-weight: 400;">, in 2023.</span></p>
<p><span style="font-weight: 400;">Deneen believes there is an unbridgeable divide between the "elite" and "ordinary" people. "What is needed," he writes in the book, "in short, is regime change—the peaceful but vigorous overthrow of a corrupt and corrupting liberal ruling class," which will be replaced by a more virtuous one. He envisions the kind of aristocratic government favored by the ancients like Plato and Aristotle, endorsing "aristopopulism," where an elite class works to further the interests of the masses.</span></p>
<p><span style="font-weight: 400;"> "The replacement of the current elites in our society ought to be more closely aligned to the interests of ordinary people," Deneen said at the panel.</span></p>
<p><span style="font-weight: 400;">He invokes a "premodern conception of liberty—expressed in the pages of Plato, Aristotle, the Bible," where institutions like the family, the church, and the state worked together to impose "guardrails" protecting individuals from becoming "slaves" to their own desires.</span></p>
<p><span style="font-weight: 400;">My colleague Stephanie Slade </span><a href="https://reason.com/2023/05/23/the-rise-of-right-progressivism/"><span style="font-weight: 400;">writes about the postliberal right</span></a><span style="font-weight: 400;"> for </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> magazine. </span></p>
<p><span style="font-weight: 400;">"He says people like [himself] should just be in charge of our government. That's what he means by regime change," Slade says. "[That] we should replace the current elites." </span></p>
<p><span style="font-weight: 400;">She notes that postliberals are willing to frame the entire American Founding as a mistake: "They might say, yeah, America did have a liberal founding and that's why it was a mistake. Actually, this whole experiment was a mistake, and it maybe took a couple hundred years for that mistake to play out&hellip;.We now can see that it doesn't lead to good conservative outcomes."</span></p>
<p><span style="font-weight: 400;">In his </span><span style="font-weight: 400;">book</span> <a href="https://www.amazon.com/exec/obidos/ASIN/1509548866/reasonmagazinea-20/"><i><span style="font-weight: 400;">Common Good Constitutionalism</span></i></a><span style="font-weight: 400;">, Adrian Vermeule, a postliberal Harvard Law professor and </span><a href="https://www.acus.gov/newsroom/news/president-trump-appoints-three-new-members-council-administrative-conference-united"><span style="font-weight: 400;">appointee</span></a> to President Donald Trump's Council of the Administrative Conference of the United States<span style="font-weight: 400;">, wrote that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself." That's a rejection of the spirit of 1776. Paine saw the existence of government as a necessary evil because of "the inability of moral virtue to govern the world." A minimal state, in his view, should be restricted to supplying "freedom and security."</span></p>
<p><span style="font-weight: 400;">As Gorsuch put it in the same </span><span style="font-weight: 400;"><em>Reason</em> </span><a href="https://www.youtube.com/watch?v=j9H2lZ3fEBc"><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;">: "If you think of the Declaration as kind of our mission statement, our ideals, and the Constitution is the how-to manual—well, the Constitution is all about dividing power. Madison realized men are not angels and that their aspirations for power need to be checked and checked and checked again."</span></p>
<p><span style="font-weight: 400;">The "regime change" Deneen and Vermeule call for isn't explicitly violent. Deneen describes "Machiavellian means to achieve Aristotelian ends." The strategy manifests as a steady expansion of presidential authority, as we've seen under Donald Trump's second term: the 143 executive orders he signed in just his first 100 days, more than any other president in history; his decision to send troops to American cities without permission from local authorities; his declaring of 21 national emergencies while in office; and his decision to send illegal immigrants to overseas prisons in defiance of the judicial branch.</span></p>
<p><span style="font-weight: 400;">Incidentally, one of the grievances listed in the Declaration of Independence was King George III's penchant for shipping the accused "beyond Seas to be tried for pretended offenses."</span></p>
<p><span style="font-weight: 400;">Before he became vice president, Vance encouraged Trump to emulate Andrew Jackson and dare the Supreme Court to try enforcing its rulings against him. "If I was giving him one piece of advice," Vance </span><a href="https://www.youtube.com/watch?v=PMq1ZEcyztY"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">, "fire every single mid-level bureaucrat, every civil servant in the administrative state, replace them with our people, and when the courts—because you will get taken to court—and when the courts stop you, stand before the country like Andrew Jackson did and say, 'The chief justice has made his ruling, now let him enforce it.'"</span></p>
<p><span style="font-weight: 400;">"That's a really dangerous idea to be even casually trotting out there, let alone for somebody who is now the sitting vice president to be on the record," Slade says. "He said it a number of years ago when he was just a candidate for office, but I've never seen anything from him since he's been in office that makes me think that he doesn't ultimately believe in that sort of approach to politics."</span></p>
<p><span style="font-weight: 400;">Some postliberals call for measures far more dramatic than the steady erosion of constitutional restraints currently underway. Michael Anton, who worked in Trump's State Department over two terms, wrote in his book </span><a href="https://www.amazon.com/exec/obidos/ASIN/1684510619/reasonmagazinea-20/"><i><span style="font-weight: 400;">The Stakes</span></i></a><span style="font-weight: 400;"> about the prospect of a "Red Caesar"—a right-wing dictator who would rise from the ashes of the fallen republic. "Caesar's word replaces constitutionalism and even, in the final analysis, law," he wrote.</span></p>
<p><span style="font-weight: 400;">In a </span><a href="https://www.youtube.com/watch?v=sb8lNtIN7Us"><span style="font-weight: 400;">podcast conversation</span></a><span style="font-weight: 400;"> with pro-monarchist blogger Curtis Yarvin, Anton discussed what that might look like. "Caesarism is a form of monarchy, but that follows a nonfunctioning republic, a republic that doesn't work anymore," Anton said. Yarvin proposed that the path to power would begin with declaring a state of emergency in an inaugural address, "taking direct control over all law enforcement authorities&hellip;.Basically like Caesar, you're using all of the force available to you." </span></p>
<p><span style="font-weight: 400;">"There is just clearly much more of a sense that government power is meant to be used to advance our side in the face of our enemies," Slade says. "And the enemies are the left, the political left, and anyone on the right who isn't going to line up with [them]. [They believe] political power should be used to reward our friends and punish our enemies, and that to me is a clear violation of one of the core principles of rule of law, which is equal treatment for everyone under law."</span></p>
<p><span style="font-weight: 400;">In the COVID era, President Joe Biden imposed national mandates by executive fiat, and his administration tried to suppress dissent by pressuring tech companies to censor critics.</span></p>
<p><span style="font-weight: 400;">The Democratic Party has also flirted with the idea of packing the Supreme Court to get its way, which is </span><a href="https://www.washingtonpost.com/opinions/2026/05/16/kamala-harriss-mindless-flirtation-with-court-packing/"><span style="font-weight: 400;">not a new impulse</span></a><span style="font-weight: 400;"> for the party. When President Franklin Delano Roosevelt tried to pack the Court in 1937, it cost him the support of progressives who had previously backed the New Deal.</span></p>
<p><span style="font-weight: 400;">FDR is revered by progressives and cited by Yarvin as a prototype for an American Caesar. "Was FDR a dictator? What does it mean to be a dictator? What does this pejorative word mean?" </span><span style="font-weight: 400;">Yarvin </span><a href="https://www.youtube.com/watch?v=NcSil8NeQq8"><span style="font-weight: 400;">asks</span></a><span style="font-weight: 400;">. "A dictator is somebody who rules alone. And that, I think, is a beautiful thing."</span></p>
<p><span style="font-weight: 400;">The Revolution was, first and foremost, about self-rule: We would no longer abide by a diktat from an overseas king. From the very beginning of the republic, power-seeking men have tried to undermine that vision. In its earliest days, there was a plot to </span><a href="https://www.jstor.org/stable/1832837?seq=1"><span style="font-weight: 400;">install</span></a><span style="font-weight: 400;"> a Prussian prince as king of a new American monarchy.</span></p>
<p><span style="font-weight: 400;">Jefferson accused John Adams and Alexander Hamilton of being monarchists, </span><a href="https://founders.archives.gov/documents/Jefferson/03-03-02-0231"><span style="font-weight: 400;">recounting in horror</span></a><span style="font-weight: 400;"> a dinner conversation in which Hamilton told him "the greatest man&hellip;that ever lived was Julius Caesar."</span></p>
<p><span style="font-weight: 400;">But monarchy is seductive because strongmen promise order in chaotic times. In the wake of </span><a href="https://www.wgcu.org/2011-08-28/an-american-rebellion-sparked-by-tough-times"><span style="font-weight: 400;">Shays' Rebellion</span></a><span style="font-weight: 400;">, a post-Revolution farmer's uprising, Jefferson worried the Constitution's drafters were overreacting by creating a powerful presidency that would devolve into a monarchy. "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?" he </span><a href="https://founders.archives.gov/documents/Jefferson/01-12-02-0348"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;">. And then, famously: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure."</span></p>
<p><span style="font-weight: 400;">Hopefully, patriots won't be shedding blood anytime soon. But Jefferson's point stands: Preserving the promises of the Revolution will always be an ongoing battle.</span></p>
<p><span style="font-weight: 400;">Self-rule was one of those promises. Another was self-ownership, which includes the right to do what you want with your own property. </span></p>
<h1><strong>The Rise of 'Right-Wing Progressivism'</strong></h1>
<p><span style="font-weight: 400;">The Declaration accused the king of "cutting off our Trade with all parts of the world."</span></p>
<p><span style="font-weight: 400;">The American colonies experienced unprecedented economic growth, a topic of keen interest to the laissez faire economist Adam Smith, whose book </span><a href="https://www.amazon.com/exec/obidos/ASIN/1505577128/reasonmagazinea-20/"><i><span style="font-weight: 400;">The Wealth of Nations</span></i></a><span style="font-weight: 400;"> also turns 250 this year.</span></p>
<p><span style="font-weight: 400;">Smith was fascinated by the American colonies, observing that their "progress has been more rapid than that of the English in North America. Plenty of good land, and liberty to manage their own affairs their own way, seem to be the two great causes of the prosperity."</span></p>
<p><span style="font-weight: 400;">Other imperial powers, such as the Spanish and Portuguese, mandated that their colonists trade only through state-created monopolies. Smith pointed out that because American colonists could </span><a href="https://www.searchablemuseum.com/the-northern-colonies-expanding-merchant-capital/"><span style="font-weight: 400;">export lumber</span></a><span style="font-weight: 400;"> to the wider European market, they were incentivized to clear and improve land. Low taxes enabled them to reinvest their profits.</span></p>
<p><span style="font-weight: 400;">Smith </span><a href="https://www.adamsmithworks.org/documents/book-iv-chapter-7"><span style="font-weight: 400;">criticized</span></a><span style="font-weight: 400;"> England's Navigation Acts for prohibiting colonists from buying from other countries and for discouraging manufacturing to protect domestic competitors. Although England's "mercantile spirit" hampered the economy, Smith believed that in virtually every other respect the liberty of the English colonists "to manage their own affairs their own way is complete," concluding that both England and the colonies would be better off with an independent America that traded freely with England.</span></p>
<p><span style="font-weight: 400;">Like the American revolutionaries, Smith described economic freedom as not just smart policy, but as a natural right. "To prohibit a great people&hellip;from making all that they can of every part of their own produce," he </span><a href="https://www.adamsmithworks.org/documents/book-iv-chapter-7"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;">, "is a manifest violation of the most sacred rights of mankind."</span></p>
<p><span style="font-weight: 400;">That revolutionary understanding is still under attack today from both the left and the right. Socialists like Sen. Bernie Sanders (I–Vt.) and New York City Mayor Zohran Mamdani talk about individual profits as if they are the property of the collective. And Trump has the same mercantilist instincts toward trade that Smith argued against 250 years ago. "I love tariffs. Most beautiful word," Trump </span><a href="https://www.youtube.com/watch?v=SVQFn2047gw"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> in September 2025. "I said my favorite word in the English dictionary is the word <em>tariff</em>." </span></p>
<p><span style="font-weight: 400;">The postliberal right argues that laissez faire economics has undermined the working class. "Conservatives have outsourced our economic and domestic policy thinking to libertarians," Vance <a href="https://www.youtube.com/watch?v=dmVjKIEC8rw">said</a> at a </span><span style="font-weight: 400;">2019 National Conservatism Conference</span><span style="font-weight: 400;">. "Do we serve pure unfettered commercial freedom, do we serve commerce at the expense of the public good, or do we serve something higher? And are we willing to use political power to actually accomplish those things?"</span></p>
<p><span style="font-weight: 400;">"It is really important to recognize that what the postliberal right is pushing in terms of economics is progressivism," Slade says. "It's not conservatism."</span></p>
<p><span style="font-weight: 400;">Tucker Carlson </span><a href="https://www.realclearpolitics.com/video/2019/06/06/tucker_carlson_elizabeth_warrens_economic_patriotism_plan_sounds_like_donald_trump_at_his_best.html"><span style="font-weight: 400;">made the point</span></a><span style="font-weight: 400;"> in 2019 when he praised Elizabeth Warren's "economic patriotism" platform, noting it "sounds like Donald Trump at his best."</span></p>
<p><span style="font-weight: 400;">What the so-called "economic patriots" of the left and right are converging on is a rejection of the spirit of 1776 and an embrace of monarchy. In the 18th century, many colonists could trade only through state-licensed monopolies. Warren has </span><a href="https://www.cnbc.com/2018/08/17/senator-warrens-proposal-to-remake-american-capitalism-is-flawed-at-its-core.html"><span style="font-weight: 400;">proposed</span></a><span style="font-weight: 400;"> remarrying corporations and the state through "stakeholder capitalism," in which political appointees sit on corporate boards to steer them in the right direction. Trump took a major step toward the corporatist approach in 2025 when </span><a href="https://www.nytimes.com/2025/08/25/us/politics/trump-intel-economy-strategy.html"><span style="font-weight: 400;">directing the federal government</span></a><span style="font-weight: 400;"> to take a 10 percent stake in Intel. Before him, President Barack Obama </span><a href="https://www.politico.com/story/2009/05/obama-reluctant-shareholder-in-gm-023165"><span style="font-weight: 400;">took stakes</span></a><span style="font-weight: 400;"> in GM and Chrysler as part of a bailout package.</span></p>
<p><span style="font-weight: 400;">"I don't think it's really a sustainable political equilibrium to have two parties that are both economically leftist," Slade says. "The American people are not on board with that. That is the horseshoe in action. And it's part of why I think there is an opportunity for old-school Reagan-style free-market conservatism to make a comeback."</span></p>
<p><span style="font-weight: 400;">The slow abandonment of the revolutionary ideas of self-rule and private property that American patriots fought for in the late 18th century is downstream of a third, fundamental aspect of the American Revolution that is also under attack: freedom of conscience.</span></p>
<h1><strong>Remarrying Church and State</strong></h1>
<p><span style="font-weight: 400;">The postliberal right wants to tear down the wall between church and state. "They want to integrate church and state instead of separating them," Slade says.</span></p>
<p><span style="font-weight: 400;">In some cases, it's Catholic integralists like Harvard's Vermeule, who has </span><a href="https://americanaffairsjournal.org/2018/02/integration-from-within/"><span style="font-weight: 400;">described</span></a><span style="font-weight: 400;"> a strategy of turning the government Catholic by "strategically locat[ing]" integralists "within liberal institutions&hellip;to undo the liberalism of the state from within." Deneen has suggested passing "blue laws" that would ban pornography, online gambling, and operating businesses on Sundays.</span></p>
<p><span style="font-weight: 400;">A Protestant variety of Christian nationalism is embodied by pastor Doug Wilson—a spiritual mentor to Secretary of War Pete Hegseth, who invited Wilson to lead a prayer at the Pentagon. In a </span><a href="https://www.youtube.com/watch?v=qiyUCxw92a8"><span style="font-weight: 400;">recent interview</span></a><span style="font-weight: 400;">, Wilson said the "governing authorities should recognize formally that Jesus rose from the dead" and that "the basis of law would have to be Christian, and I would want it to be Protestant."</span></p>
<p><span style="font-weight: 400;">Most of the revolutionaries were Christian Protestants, but they insisted on separating church and state to avoid the horrific religious wars that had ravaged Europe. "Torrents of blood have been spilt in the old world" to end religious discord by establishing state churches, </span><a href="https://founders.archives.gov/documents/Madison/01-08-02-0163"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> James Madison in opposition to taxes that would have funded an official church of Virginia.</span></p>
<p><span style="font-weight: 400;">An even deeper problem for these devout believers in divine providence was that marrying religion to the state removed the very freedom to choose faith that God desires. In his opposition to the Virginia law, Jefferson </span><a href="https://www.monticello.org/encyclopedia/virginia-statute-religious-freedom"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> that "Almighty God hath created the mind free" and that "all attempts" to force religious belief "are a departure from the plan of the holy author of our religion." Madison argued historically that Christianity reached its "greatest lustre" in the times before it incorporated with the state, and that religious laws would counterproductively discourage nonbelievers from entering a region he hoped would become a beacon of Christianity. "Religion then of every man must be left to the conviction and conscience of every man."</span></p>
<p><span style="font-weight: 400;">Slade draws on her own Catholic faith in making the case. "I am a libertarian because I'm a Catholic, because I believe that every person was created in the image of God," she says. "I just think it's morally wrong from a Catholic or Christian perspective to try to use the coercive, violent power of the state to make people live a certain way. Even if the way that these guys would like to make people live—going to church on Sunday, praying, investing in your community and your family, self-sacrifice—all these good Christian values. They're good Christian values, but they can't be coerced or imposed from the top down. It's wrong and morally offensive from a Christian perspective."</span></p>
<p><span style="font-weight: 400;">Slade says she understands the despair postliberals feel about the collapse of faith and virtue in contemporary America and that they have a point about the progressive capture of institutions. "What they're channeling is a really influential belief, which isn't totally wrong, that the left made a very concerted effort to make what is often referred to as a 'long march through the institutions' and to capture so many of our elite institutions—both at the governmental level but also at the cultural level: higher education, Hollywood, the mainstream media."</span></p>
<p><span style="font-weight: 400;">Critics of the progressive agenda—or "wokeness"—often describe it as its own kind of religion. Linguist and social critic John McWhorter has </span><a href="https://www.youtube.com/watch?v=agobujjFdsA"><span style="font-weight: 400;">argued</span></a><span style="font-weight: 400;"> that it has "slowly transmogrified into a kind of replacement for Protestant Christianity" among its adherents. </span></p>
<p><span style="font-weight: 400;">Whether religious or not, progressives have imposed their social values on Americans through public school curricula, federal policy, and civil rights law. They have violated the freedom of conscience that Jefferson and Madison wrote about in a way very similar to how mandating religion would. Postliberalism is part of the political backlash.</span></p>
<p><span style="font-weight: 400;">A <a href="https://media.eppc.org/2021/01/Olsen_EPPC_YouGov_Toplines.pdf">poll</a> conducted in early 2021 of people who voted for Trump in 2020 didn't find agreement on nationalist economic policies—tariffs, industrial policy, any of that—but found near-universal agreement on a sense of cultural siege. About 90 percent agreed with statements like "the mainstream media has become just an arm of the Democratic Party" or "Christianity is under attack today."</span></p>
<p><span style="font-weight: 400;">"This sense that the culture has been captured by people who are hostile to people like me and who hate me and want to drive me out of the public square has created so much resentment and so much of a backlash that's driving this postliberal right-wing politics," Slade says. "I don't think it's possible to understand what's going on on the right without looking at what's been going on on the left, definitely ramping up during the period referred to as the great awakening."</span></p>
<p><span style="font-weight: 400;">Slade's <a href="https://search.brave.com/a/redirect?click_url=https%3A%2F%2Fwww.amazon.com%2FFusionism-Liberty-Virtue-Future-American%2Fdp%2F0268211493%3Ftag%3Dustxtaddt-20&amp;placement_id=d14c17f4-ce10-4e86-9ae6-1e3fa8086fe7&amp;creative_instance_id=30c2a9a4-3d0c-4740-9f85-4fff1b516e3e&amp;timestamp=1782501408&amp;c_idx=-1&amp;ad_type_display=simple&amp;ad_display_context=search&amp;nonce=7e21b42385a10e42cf69bf3a286fcf4c&amp;sig=307d777bb0d676e7350a9c3c24a29e6dd430a4d3f4856b03177bdcc076b24091">new book</a> argues that the remedy to this postliberal moment is a rediscovery of "fusionism"—the reintegration of liberty and virtue. "A good society needs to be both free and virtuous. And the Founders certainly believed this," she says.</span></p>
<p><span style="font-weight: 400;">John Adams </span><a href="https://founders.archives.gov/documents/Adams/06-04-02-0091"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> just 13 days before the signing of the Declaration that "the only foundation of a free Constitution is pure Virtue, and if this cannot be inspired into our People&hellip;they will not obtain a lasting Liberty."</span></p>
<p><span style="font-weight: 400;">"What he's saying is, we can have a limited government in a free society, but if the people aren't naturally virtuous, if they don't trust each other, if they aren't good to each other—that [the Republic] is going to end up succumbing to tyranny and to a strongman government," Slade says.</span></p>
<p><span style="font-weight: 400;">His fellow revolutionary and intellectual adversary Jefferson flipped the equation by </span><a href="https://founders.archives.gov/documents/Jefferson/01-14-02-0437"><span style="font-weight: 400;">writing</span></a><span style="font-weight: 400;"> that liberty "is the great parent&hellip;of virtue."</span></p>
<p><span style="font-weight: 400;">Balancing liberty and virtue means reconstructing some of the civic "guardrails" that Deneen laments having lost in modernity—but not handing the power to regulate our conscience to the government.</span></p>
<p><span style="font-weight: 400;">"What we're seeing a lot is people who are focused either on liberty but don't spend a lot of time thinking about how do we cultivate virtue, or who say, forget your liberty, we want virtue at the point of a gun," Slade says. "Government's job is to protect our basic rights and liberties. It should be prioritizing the protection of liberty."</span></p>
<p><span style="font-weight: 400;">"That doesn't mean that virtue isn't important. In fact, it's the highest, most important thing in life—to pursue a virtuous life," Slade continues. "But it's not OK to expect government to do that for us. Government protects our freedom and we use that freedom to pursue virtue."</span></p>
<p><span style="font-weight: 400;">The solution, Slade argues, has to be ground-up. She invokes Alexis de Tocqueville, who observed when he came to America in the 1830s that Americans excel at coming together and creating voluntary community solutions to social problems.</span></p>
<p><span style="font-weight: 400;">"We should have some muscle memory here. We should be able to get back to that idea of thinking of ourselves as being on the front lines of solving problems, building new civil society institutions, nongovernmental institutions that can try to solve the problems we see in our society," Slade says. "Good policy can make this easier. And bad policy can crowd it out and make it a lot harder."</span></p>
<p><span style="font-weight: 400;">The Declaration of Independence is 250 years old, but the Revolution it started is as vital as ever.</span></p>
<p><span style="font-weight: 400;">During the final days of the Constitutional Convention, Benjamin Franklin was famously </span><a href="https://blogs.loc.gov/manuscripts/2022/01/a-republic-if-you-can-keep-it-elizabeth-willing-powel-benjamin-franklin-and-the-james-mchenry-journal/"><span style="font-weight: 400;">asked</span></a><span style="font-weight: 400;"> what kind of government they were in the process of designing. "A Republic," he said, "if you can keep it."</span></p>
<p>&nbsp;</p>
<p>Photo Credits: Horst Galuschka/dpa/picture-alliance/Newscom/ Dennis Flaherty / Jaynes Gallery / <span draggable="true"><a href="http://DanitaDelimont.com" target="_blank" rel="noopener noreferrer">DanitaDelimont.com</a></span> / Danita Delimont/ Tom Williams/CQ Roll Call/Newscom/<br aria-hidden="true" /> TIA DUFOUR/UPI/Newscom/Antonio Perez/TNS/Newscom/ Aaron Schwartz - Pool via CNP/picture alliance / Consolidated News Photos/Newscom/ Ron Adar / SOPA/ Images/Sipa USA/Newscom/ JT Vintage/ZUMAPRESS/Newscom/ AdMedia/SIPA/Newscom/ Hugh Rooney / Eye Ubiquitous/Newscom/ Bonnie Cash - Pool via CNP/CNP / Polaris/Newscom/AdMedia/Newscom/ Graeme Sloan/Sipa USA/Newscom/ Polaris/Newscom; Eric Lee - Pool via CNP/ZUMAPRESS/Newscom; Department of Defense</p>
<p>The post <a href="https://reason.com/video/2026/06/29/the-american-revolution-isnt-over/">The American Revolution Isn&#039;t Over</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Lex Villena]]></media:credit>
		<media:description type="html"><![CDATA[Mamdani and Vance are doing another American revolution]]></media:description>
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	</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[
				Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/29/can-the-president-fire-anyone-he-wants-yes-unless-the-target-is-part-of-the-federal-reserve/" />
		<id>https://reason.com/?p=8390750</id>
		<updated>2026-06-29T16:42:02Z</updated>
		<published>2026-06-29T16:20:10Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Branch" /><category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Federal Reserve" /><category scheme="https://reason.com/latest/" term="Federal Trade Commission" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/29/can-the-president-fire-anyone-he-wants-yes-unless-the-target-is-part-of-the-federal-reserve/">
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		<p>President Donald Trump has the power to fire members of the Federal Trade Commission but cannot give the boot to members of the Federal Reserve. So said the Supreme Court on Monday, in a pair of related decisions about the scope of executive power.</p>
<p>The court ruled 6–3 in favor of the president in <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf"><em>Trump v. Slaughter</em></a>, which challenged his decision to fire Rebecca Slaughter from her position as a commissioner of the Federal Trade Commission (FTC). But in <em><a href="https://www.supremecourt.gov/opinions/25pdf/25a312_5468.pdf">Trump v. Cook</a>,</em> the court sided with Lisa Cook, a member of the Federal Reserve's board of governors he had sought to fire. The decision in that case was 5–4, with Chief Justice John Roberts and Brett Kavanaugh joining the three liberal justices to form a somewhat unusual majority.</p>
<p>With the two decisions, the Supreme Court seems to have strengthened the president's control over the executive branch<span style="margin: 0px; padding: 0px;"> while underscoring the Federal Reserve's distinctive role, an approach </span>the court had <a href="https://reason.com/2025/09/02/whats-special-about-the-fed/">emphasized in previous rulings</a>.</p>
<p>The Federal Reserve's "unique historical status and role" means that it is shielded from presidential powers in ways that other federal entities are not, Roberts wrote in the <em>Cook </em>opinion. Even though presidents are authorized to remove members of the Federal Reserve's board "for cause," the majority found that Trump's attempt to fire Cook lacked the "procedural protections" to which she is entitled.</p>
<p>In plain English, the president can't fire a member of the Federal Reserve board simply because wants to. He must first prove that the target is guilty of some violation, and the target must be given time to respond to the allegations.</p>
<p>"Without such constraints in place, any perceived or alleged misstep (past or present) could provide a ready pretext for a Governor's removal—a fact that he would surely know," wrote Roberts. "Nothing could be more corrosive of the independence that Congress sought to preserve."</p>
<p>On the other hand, the Court says presidents do have the power to fire members of executive branch agencies at any time and for any reason—even if they work for so-called "independent agencies," such as the FTC. In doing so, the court overturned a 1935 decision, <em>Humphrey's Executor v. United States</em>, that said then-President Franklin Roosevelt exceeded his authority when he tried to fire an FTC commissioner. Lower courts had leaned on the <em>Humphrey's Executor </em>precedent when they ordered the Trump administration to reinstate Slaughter to the FTC.</p>
<p>Roberts, who also delivered the opinion in the <em>Slaughter </em>case, <a href="https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf">wrote</a> that "subordinates who exercise the President's power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people."</p>
<p>That ruling is a "major victory for proponents of the 'unitary executive' theory—the idea that the president should have complete control over the executive branch," <a href="https://www.scotusblog.com/2026/06/court-allows-trump-to-fire-ftc-commissioner-and-overturns-major-restraint-on-presidential-power/">writes</a> Amy Howe of <em>SCOTUSblog</em>. "Under this theory, the president should be able to fire any member of the executive branch, and laws—like the one that the court struck down—that restrict his ability to do so violate the separation of powers."</p>
<p>In a dissenting opinion, Justice Sonia Sotomayor argued that the court's majority had discarded democracy "in favor of one that distorts the structure of Government" and gives the president "far greater power than ever before."</p>
<p>There's no doubt the second part of that is true. Monday's ruling clears the way for Trump and future presidents to more directly assert their control over the full length and breadth of the executive branch. But the idea of placing some executive branch officials beyond the president's control (and therefore unaccountable to voters, once they are appointed), as Sotomayor seems to prefer, seems more than a bit anti-democratic and thus potentially problematic too.</p>
<p>As always, the best way to limit the abuses of executive power is to <em>reduce executive power. </em>The president's power to hire and fire who he wants would matter a lot less if <a href="https://reason.com/2024/11/14/abolish-antitrust/">the FTC</a> and <a href="https://reason.com/volokh/2025/09/18/abolish-the-fcc/">its ilk</a> did less—or if <a href="https://reason.com/2024/11/07/abolish-everything/">they didn't exist</a> in the first place.</p>
<p>The post <a href="https://reason.com/2026/06/29/can-the-president-fire-anyone-he-wants-yes-unless-the-target-is-part-of-the-federal-reserve/">Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Adani Samat/Yuri Gripas - Pool via CNP / MEGA / Newscom/RSSIL/Newscom]]></media:credit>
		<media:title><![CDATA[Trump-Fired-6-29]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>David Bockino</name>
							<uri>https://reason.com/people/david-bockino/</uri>
					</author>
					<title type="html"><![CDATA[
				The Mob Used To Run Sports Betting. Now DraftKings and FanDuel Do.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/29/the-mob-used-to-run-sports-betting-now-draftkings-and-fanduel-do/" />
		<id>https://reason.com/?p=8390602</id>
		<updated>2026-06-29T14:49:12Z</updated>
		<published>2026-06-29T15:30:00Z</published>
			<category scheme="https://reason.com/latest/" term="Baseball" /><category scheme="https://reason.com/latest/" term="Fantasy Sports" /><category scheme="https://reason.com/latest/" term="MLB" /><category scheme="https://reason.com/latest/" term="Online Gambling" /><category scheme="https://reason.com/latest/" term="Soccer" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="betting" /><category scheme="https://reason.com/latest/" term="Chicago" /><category scheme="https://reason.com/latest/" term="Gambling" /><category scheme="https://reason.com/latest/" term="Illinois" />		<summary type="html"><![CDATA[How sports betting moved online and started a debate about its benefits and negatives.]]></summary>
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		<p><span style="font-weight: 400;">In May 1995, a supporters group associated with the English football club Stoke City FC launched a campaign demanding wholesale changes to their beloved team. At the time, Stoke City played in Division One, the competition just below the top tier, three-year-old English Premier League (EPL). At the conclusion of every season the best clubs in the First Division get bumped up to the EPL to compete against heavyweights like Manchester United and Liverpool. But Stoke City was languishing, and hope that it would get promoted any time soon was fading. In an advertisement published in a local newspaper, the group asked, "Does the club's present level of investment in players provide for a real promotion challenge in the future?" Much of the ire was directed toward Stoke City chairman and majority shareholder Peter Coates. Owner of a catering business and a collection of betting shops, Coates had been in charge of Stoke for close to a decade. "Whenever a club is seen not to be doing well there always has to be someone to blame," he said a few days after the group's ad. The problem, Coates explained, was a lack of resources. The money being poured into clubs like Blackburn, winners of the English Premier League title, is "the exception to the rule. Generally this does not happen and we would love such a sugar daddy at Stoke. But I don't think we are going to get one." He was right. No man was going to save Stoke City. But a woman would.</span></p>
<p><span style="font-weight: 400;">On January 10, 1998, Stoke City suffered its worst home defeat in history, a 7–0 drubbing by Birmingham City. No longer content with strongly worded missives, angry supporters stormed the field: "They came through the door like a herd of buffaloes," a former Stoke City player told a reporter. A few days later, Coates resigned as chairman. A few months later, Stoke City was relegated to the Second Division. Almost two years later, Stoke City was sold to a consortium of investors from Iceland.</span></p>
<p><span style="font-weight: 400;">No longer in charge of a football club, Peter Coates returned to the corporate world to find that his daughter had big plans for the family business. Denise, an econometrics graduate from the University of Sheffield, had doubled the number of betting shops and grown revenue. But her real ambition was to shed the brick-and-mortar model to focus on the internet. Cognizant of the startup costs needed to compete with the offshore operators, Denise mortgaged the buildings and took out a loan. She purchased the domain name bet365.com for $25,000 and in March 2001 launched the company's website. Four years later, all the shops had been sold and resources were being poured into the online business.</span></p>
<p><span style="font-weight: 400;">Her bet on the future of the internet paid off (maybe as well as any bet has ever paid off). With Coates' focus on technology, customer service, and marketing, bet365 became one of the most popular online gambling websites in the world, generating far more revenue than the retail shops ever had. Suddenly the Coates family was flush with cash. In 2006, they bought Stoke City FC back from the Iceland group and Peter Coates resumed his role as chairman. With its newfound wealth, the family could now provide the resources needed to elevate the club's fortunes. Two years later, much to the delight of its rabid fans, Stoke City finished in second place and was promoted to the English Premier League. Just a decade after her father's acrimonious exit, Denise Coates had used gambling money to give her community what they had always wanted: a world-class football club.</span></p>
<p><span style="font-weight: 400;">Meanwhile, bet365 continued to grow. With gambling companies now allowed to advertise on television, it became nearly impossible to watch a British sporting event without seeing a bet365 commercial. The marketing tsunami, combined with the emergence of the smartphone and the company's first-mover advantage, proved to be a potent combination. Add to the mix some exposure in the world's most popular sports league—in 2012, bet365 became Stoke City's primary jersey sponsor—and the result was the biggest gambling website on the planet. By 2014, the company was taking in $25 billion worth of bets from 7 million customers across 200 countries. Three years later, Denise Coates took home a compensation package worth somewhere in the neighborhood of $250 million. </span><a href="https://www.theguardian.com/business/2017/nov/12/bet365-chief-denise-coates-paid-217m-last-year"><span style="font-weight: 400;">According to </span><i><span style="font-weight: 400;">The Guardian</span></i></a><span style="font-weight: 400;">, her pay was "more than 1,300 times that of the prime minister" and more than double the collective salaries of the entire Stoke City roster.</span></p>
<p><span style="font-weight: 400;">While Denise Coates became one of the wealthiest women in the world, her company became an influential part of the Stoke community and British society. Much of this influence was positive. As reported by </span><i><span style="font-weight: 400;">The Guardian</span></i><span style="font-weight: 400;">'s Rob Davies, bet365 became the largest employer in Stoke and provided jobs to over 10,000 people worldwide. The company also became one of the country's biggest taxpayers with annual bills in the hundreds of millions. Denise Coates herself became a dedicated philanthropist, pouring over $1 billion into causes such as medical research, disaster relief, and college scholarships.</span></p>
<p><span style="font-weight: 400;">And yet there was negative influence as well. For example, bet365 was often cited as one of the reasons for the increase in British "problem gamblers." The site's innovative "in-play" betting, where users could bet on dozens of outcomes while watching an actual event, was seen by some as a gateway to addiction. So were marketing tactics that involved handing out bonuses to bettors who had recently suffered big losses. One member of Parliament put it this way: "bet365 appear to be deliberately preying on vulnerable people and encouraging customers to rack up huge losses to boost their own profits."</span></p>
<p><span style="font-weight: 400;">The moral duality of the company wasn't lost on at least one employee, who in an anonymous letter to </span><i><span style="font-weight: 400;">The Guardian </span></i><span style="font-weight: 400;">asked, "The success [of bet365] presents an ethical quandary: do the taxes, the charity, the healthy salaries, and employee benefits balance out the massive harm that gambling causes, nationally and specifically in deprived areas such as Stoke-on-Trent?" In other words, do the positives of legalized gambling—which in the case of bet365 included not only thousands of jobs and a billion dollars to charity but also the salvation of the community's favorite football club—outweigh the negatives?</span></p>
<h1><b>States Decide Between Uncle Mick and Sports Betting Legalization</b></h1>
<p><span style="font-weight: 400;">This quandary can be extrapolated outward, past Stoke City and far beyond the United Kingdom. After </span><a href="https://reason.com/volokh/2018/05/14/sports-gambling-decision-is-a-major-vict/"><span style="font-weight: 400;">the fall of the Professional and Amateur Sports Protection Act (PASPA)</span></a><span style="font-weight: 400;">, for instance, each American state faced this very dilemma. But because there's no single way to parse an ethical quandary, they all arrived at their answers at different times and through different means.</span></p>
<p><span style="font-weight: 400;">Take Illinois as an example. Six months after the Supreme Court handed down its decision, Democrat J.B. Pritzker was elected as the state's new governor. He took one look at the $3.2 billion budget deficit, issued a public document detailing how the previous administration's "ideological warfare" had put the state in a "financial ditch," and started talking about how legalized sports betting could be part of the solution. Forget ethics, this was economics. "Every day we argue about who's in and who's out is money that goes to other states and to the black market," Pritzker said.</span></p>
<p><span style="font-weight: 400;">There was no official referendum but most Illinoisans seemed to be on board. "It's an idea whose time has come," </span><a href="https://www.chicagotribune.com/2018/05/14/illinois-should-legalize-sports-betting/"><span style="font-weight: 400;">announced the </span><i><span style="font-weight: 400;">Chicago Tribune </span></i><span style="font-weight: 400;">in an editorial</span></a><span style="font-weight: 400;"> immediately after the Supreme Court decision. Then came the hard part: figuring out who was going to get a cut of the action. For one, the state had to balance bringing in as much money as possible while also making it worthwhile for companies to operate. Then there were the already established casinos and horse tracks who wanted to make sure that sports betting didn't take away from their own businesses. The daily fantasy operators such as DraftKings and FanDuel, armed with millions of dollars to throw at lobbyists, were desperate to make sure they were well-positioned to compete. And the NBA and MLB were on a national tour reminding politicians that they created the product on which all these wagers were placed. They deserved a cut, too.</span></p>
<p><span style="font-weight: 400;">The end result of all this politicking was a bill passed by Illinois legislators in June 2019, signed by Pritzker shortly after, and which went into effect the following year. The state's casinos and tracks were given priority to purchase a sports betting license, protecting their share of the gambling market. If DraftKings and FanDuel wanted to enter the Illinois market (which of course they did), they could partner with one of these entities to create a co-branded betting partnership. While the leagues never got their integrity fee, they'd turn out just fine with millions in sponsorship dollars and with betting allowed at some of the state's most popular sports venues such as Wrigley Field, home of the Chicago Cubs, and the United Center, home of the Chicago Bulls. And all the sportsbooks would be taxed at 15 percent, not the highest in the country but also not the lowest and enough to satisfy Pritzker as he vowed to reduce the state's debt.</span></p>
<p><span style="font-weight: 400;">So the positive side of the quandary, the huge pile of money and all its potential benefits, had been properly discussed. What about the other side? Given a once-in-a-lifetime opportunity to prepare for the expected rise in gambling addiction, especially among the state's youth—a supposed inevitable consequence of legalized sports betting that politicians all over the country had been screaming about for years—Illinois' legislators didn't do much. Unlike in some other states, there was no agreed-upon percentage of revenue set aside for gambling addiction treatment and no rollout of education programs for schools and colleges. One of the few initiatives that Illinois politicians decided on was to require gambling ads to include a phone number customers could call if they wanted to talk about their or somebody else's "gambling problem." Besides that, it seemed as if the state was employing a reactive strategy that one industry executive described as "Legalize, Launch, Learn." Get everyone betting, see what problems pop up, and then address those problems.</span></p>
<p><span style="font-weight: 400;">And then, just two weeks before launch, Illinois was gifted the perfect public relations campaign. In February 2020, </span><a href="https://www.justice.gov/usao-ndil/pr/ten-defendants-charged-illegally-conducting-multi-million-dollar-sports-gambling"><span style="font-weight: 400;">federal charges were announced</span></a><span style="font-weight: 400;"> against 10 people accused of running "an offshore sports gambling ring that raked in millions of dollars from hundreds of Chicago-area gamblers." Among those charged was Vincent Del Giudice, who went by the nickname "Uncle Mick"; Nicholas Stella, a Chicago police officer for nearly two decades; and Casey Urlacher, mayor of a small Illinois town and brother of Chicago Bears legend Brian Urlacher. Using a Costa Rica–based sportsbook to operate its website UncleMickSports.com, the group allegedly served over a thousand gamblers, pulled in millions of dollars, and had links to a separate bookie "with longstanding ties to the Chicago mob."</span></p>
<p><span style="font-weight: 400;">It's as if those most skeptical of the upcoming launch had been shown the alternative. Sure, legalized sports betting brought some negatives but did the great people of Illinois really want the industry to be controlled by the mob and guys named Uncle Mick?</span></p>
<p><span style="font-weight: 400;">Of course they didn't. And so Uncle Mick went to jail and sports betting officially became legal in Illinois. Over the next few years, it also became legal in New York and Virginia and Iowa and dozens of other states. In the process, similar to what had happened in the United Kingdom and with daily fantasy, American sports became a promotional battleground. Betting ads appeared everywhere, on television and in podcasts and on billboards, with hundreds of millions of sponsorship dollars filtering down to teams, leagues, and media companies. With little product differentiation among competitors, companies started giving away deposit bonuses to anybody who simply opened an account, a tactic—"free money!"—designed to attract the average sports fan.</span></p>
<p><span style="font-weight: 400;">It worked. Seven years after the fall of PASPA, nearly a quarter of all Americans had an active sports betting account. FanDuel and DraftKings, two companies that had a significant head start with their daily fantasy offerings, became the market leaders. BetMGM, Caesars, and a few others managed to carve out their own share of the industry. But despite an early foray into New Jersey, bet365 mostly sat back and watched, content to let others figure out this new potentially very lucrative but also quite complex state-by-state market. Denise Coates, after all, didn't have any shareholders to appease. And she certainly didn't need the money herself.</span></p>
<p><span style="font-weight: 400;">So back to the quandary as it relates to the United States: Do the positives of sports betting outweigh the negatives? It depends on who you ask. Proponents of legalized sports betting point to the ubiquity of the activity before PASPA fell, </span><a href="https://reason.com/2025/11/18/leagues-are-doing-just-fine-at-regulating-sports-betting-without-politicians-help/"><span style="font-weight: 400;">the leagues' improved ability to monitor irregular betting and spot potential fixes</span></a><span style="font-weight: 400;">, and the billions of dollars of tax revenue that now filter down to a variety of programs and initiatives. From the other side, critics of sports betting say that more athletes are getting caught fixing outcomes not because the monitoring has improved but because there is simply more gambling and therefore more corruption. These critics also contend that no amount of tax revenue can offset the rise in gambling addiction brought on by increased accessibility and predatory marketing practices that encourage Americans to keep wagering even when they can't afford it. And so the discussion endures, with no resolution or conclusion in sight. A classic ethical quandary.</span></p>
<p><span style="font-weight: 400;">Where does American sports betting go from here? To answer that question, we head to the city that played host to the most famous gambling scandal in American history. And boy, how times have changed.</span></p>
<h1><b>From Calling Betting 'Evil' to the DraftKings Sportsbook at Wrigley Field</b></h1>
<p><span style="font-weight: 400;">The speed at which legalized betting immersed itself within American sports is best illustrated by its relationship with Major League Baseball and one of the league's oldest franchises, the Chicago Cubs.</span></p>
<p><span style="font-weight: 400;">During a 2012 deposition for New Jersey's lawsuit seeking to overturn the federal ban on most forms of sports betting, MLB Commissioner Bud Selig called gambling "evil," the "deadliest of all things that can happen," and an activity that "destroys your sport." There was no ethical quandary here: Bud hated gambling and wanted nothing to do with it. But three years later, Selig retired. And into the office stepped Rob Manfred. Similar to new NBA Commissioner Adam Silver, Manfred wanted to keep his options open. In 2017, he </span><a href="https://www.foxsports.com/stories/mlb/mlb-commissioner-admits-the-league-is-rethinking-its-stance-on-gambling"><span style="font-weight: 400;">announced that the league was "rethinking"</span></a><span style="font-weight: 400;"> its stance on sports betting. That was very fortuitous—or more likely very strategic—timing as PASPA was struck down just a year later.</span></p>
<p><span style="font-weight: 400;">Over the next few years, sports betting was legalized in dozens of states including Illinois. In 2020, the Chicago Cubs </span><a href="https://www.draftkings.com/news-2020-09-the-chicago-cubs-name-draftkings-their-first-official-and-exclusive-sports-betting"><span style="font-weight: 400;">announced an agreement</span></a><span style="font-weight: 400;"> with DraftKings to open an in-person sportsbook directly adjacent to its home ballpark, Wrigley Field. And in 2023, just over a decade after the head of professional baseball called gambling the "deadliest of all things that can happen," there it was: a two-story sportsbook wedged into a corner lot at baseball's most famous address.</span></p>
<p><span style="font-weight: 400;">The DraftKings Sportsbook at Wrigley Field is described as the "premier destination for entertainment" and a "unique one of a kind experience" perfect for any occasion from birthday parties to corporate gatherings. The food is good too, a place where "American cuisine meets modern innovation." And wow is it big and shiny. Seventeen thousand square feet of space. Two thousand square feet of video screens. Room for nearly 700 people. Upon its grand opening, DraftKings' Director of Communications Stephen Miraglia told a reporter how he couldn't "imagine a better place to come and watch the game."</span></p>
<p><span style="font-weight: 400;">It was quite the comment, especially since the venue literally shares a wall with one of the most iconic stadiums in the world. Besides, what's the point of an in-person sportsbook, a place where somebody sits behind a window and accepts wagers, in a state where fans can simply bet on their phones?</span></p>
<p><span style="font-weight: 400;">When Las Vegas casinos started building sportsbooks in the 1970s, the world had not yet been introduced to smartphones, much less big-screen televisions or NFL Sunday Ticket, a television package that allows you to watch any professional football game you want from your living room. But 50 years later? We had all these things. And what would prevent somebody from coming to the DraftKings Sportsbook at Wrigley Field and using their phone to bet with a different online sportsbook such as FanDuel or BetMGM? Nothing. So why does this place exist?</span></p>
<h1><b>Betting Together or Betting Alone?</b></h1>
<p><span style="font-weight: 400;">The history of American sports betting provides some clues. First, it's important to understand the traditional role of the in-person sportsbook, the kind buried in giant Vegas casinos with walls of televisions and buffalo wings and people sitting around getting drunk in their favorite team jerseys. While these establishments could occasionally generate a decent profit, especially with a savvy bookmaker in charge and a few fortuitous bounces, they've always been best understood as complements to high-margin games like blackjack and roulette. Sportsbooks were a way to get people in the casino door and keep them there after they've lost most of their money.</span></p>
<p><span style="font-weight: 400;">That's because sportsbooks are fun. "With the decline in popularity of craps, the last of the interactive table games, gambling&hellip;increasingly has become an individual experience," legendary Vegas oddsmaker Michael "Roxy" Roxborough wrote back in 1998. "A sportsbook then, is a casino's last excitement center, the only area of the hotel where players consistently root and cheer for a common result."</span></p>
<p><span style="font-weight: 400;">But Wrigley Field isn't a casino. So what's the DraftKings Sportsbook complementing? Another increasingly individualized experience: sports betting itself.</span></p>
<p><span style="font-weight: 400;">Similar to casino gambling, sports betting used to be more of a communal activity—think Calcutta pools the night before big golf tournaments or the regulars at Omaha's Baseball Headquarters or the crowds congregating in the Madison Square Garden lobby. Despite the ubiquity, there's an inescapable solitude to modern-day sports betting, the kind of seclusion that has crept over many activities as we go through our day head down, eyes on our phone. So maybe the DraftKings Sportsbook at Wrigley Field is an attempt to reverse this trend, to provide fans with a place to gather and talk about their lives, their favorite teams, and, of course, their wagers. Perhaps it's the physical extension to a very digital experience, an in-person destination where gambling isn't just tolerated or accepted, as in a normal sports bar, but actively encouraged.</span></p>
<p><span style="font-weight: 400;">But even if Americans learn to reembrace the more communal aspects of sports betting, there's no reversing the increased individualization of the actual wagering. Forced to compete in a media landscape dominated by algorithmically chosen videos and highly curated music playlists, today's sports betting platforms must cater to the whims of individual bettors to succeed. Nothing demonstrates this individualization more than the parlay, a bespoke wager tailor-made for the modern-day sports fan.</span></p>
<p><span style="font-weight: 400;">Parlays involve combining multiple outcomes to increase a wager's potential payout. Parlays can take place over the course of a week, a day, or even a single game. These wagers are akin to lottery tickets: put in $5 for a chance to win, say, $300. If you lose, no big deal. It's only $5. But if you win? Your whole week just got better. And you have a great screenshot to post on social media.</span></p>
<p><span style="font-weight: 400;">Americans love parlays. By 2024, these kinds of wagers made up over two-thirds of all NBA and NFL bets placed on FanDuel. Other companies have reported similar percentages. In 2025, DraftKings actually introduced a subscription service for users to boost their parlay odds.</span></p>
<p><span style="font-weight: 400;">Of course, none of this is new: Americans have always loved parlays. In the early 20th century, the United States was captivated by football pools. And aren't March Madness bracket tournaments, by far the country's most popular wagering activity, little more than giant parlay-like competitions in which the person who gets the most games correct wins?</span></p>
<p><span style="font-weight: 400;">The difference is that the data have finally caught up to the demand. Today, sites like FanDuel and DraftKings have so much information at their disposal that parlays can be offered on nearly any combination of bets. That simply wasn't the case for old-school bookmakers who did their own calculations and were always hesitant to offer too many parlays for fear that they'd make a mistake and go broke. But that's hardly an issue for the publicly held corporate giants that now control the vast majority of legalized sports betting. With detailed data on each individual bettor, promotions can be sculpted to specific tastes. You want a 10-leg parlay involving the Baltimore Orioles and Wimbledon? You got it! And here's a 10 percent profit boost. Go ahead and put it in (because you're probably going to lose).</span></p>
<p><span style="font-weight: 400;">In the years following legalization, many Vegas veterans were surprised at how the industry had evolved. "It turns out that the overwhelming market for sports betting is probably just small bets, microbets, as entertainment," Roxborough said in 2020. Despite being someone who knew as much about sportsbook management as anybody in the world—he literally wrote a textbook on the topic—Roxy still wasn't sure how it all worked from the accounting side. "Probably DraftKings and FanDuel have it right, but I'm not sure how they ever cash out on that business."</span></p>
<p><span style="font-weight: 400;">The books are actually still trying to figure that out. Making money through bookmaking has never been easy. It's even harder when customers have nearly a dozen options available on their phone all offering similar products and promising free money to anyone who signs up for an account. While most startups often operate in the red for the first few years, the amount of money lost by American sportsbooks immediately following the PASPA repeal is still staggering. From 2019 to 2024, DraftKings gained control of about a third of the (legal) American sports betting market. And during that time the company reported a cumulative net loss of over $5 billion.</span></p>
<p><span style="font-weight: 400;">So what's the plan going forward? First, get rid of the good players. Most online sportsbooks have begun to aggressively limit the so-called "professionals" or "sharps," the kind of bettors with long-term strategies, refined techniques, and big bankrolls. They're a special breed, patient and deliberate, and have no problem betting five or six (or more) figures on individual games. For the most part, they're no longer welcome on sites like DraftKings and FanDuel. "This is an entertainment activity," </span><a href="https://www.legalsportsreport.com/71027/draftkings-ceo-wants-higher-hold-less-sharp-betting/"><span style="font-weight: 400;">DraftKings CEO Jason Robins famously said in 2021</span></a><span style="font-weight: 400;">. "People who are doing this for profit are not the players we want."</span></p>
<p><span style="font-weight: 400;">Once those players are gone, the next step is to get more amateurs, the kind who love parlays. Because they're less likely to cash out, parlays allow betting companies to retain a higher share of the total money wagered, a figure known in the industry as "the hold." But because the people who play parlays come from the "betting as entertainment" crowd, the total amount wagered is generally smaller. So a business built on parlays requires scale, meaning these sportsbooks need as many people as they can to start supplementing their sports experience with an occasional wager (specifically one that's likely to lose). It's almost like running a subscription service, where fans are expected to lose $20 or $50 or $100 every month but they don't really care because it's fun. And every so often the service pays them, which is even more fun.</span></p>
<p><span style="font-weight: 400;">The best way to build scale is through promotion, to stubbornly force betting back into the day-to-day American sports experience. The onslaught is well underway. Nightly broadcasts are peppered with betting information. Studio show and podcast hosts give out parlay tips and then tell viewers or listeners where they can bet those parlays. Then there's the DraftKings Sportsbook at Wrigley Field, a literal extension of one of the country's oldest sports venues. It's also the perfect visible metaphor, as if DraftKings is saying, "Oh, us? We're with them" as it snuggles up against iconic Wrigley Field. Painted green to blend in with the stadium's legendary façade, it's almost as if it's been there the entire time. (As of June 2026, the building is still a DraftKings-branded bar, but </span><a href="https://cubsinsider.com/2026/05/18/draftkings-discontinuing-wrigley-field-sportsbook-may-31/"><span style="font-weight: 400;">no longer accepting in-person bets</span></a><span style="font-weight: 400;">.)</span></p>
<p><span style="font-weight: 400;">And if you buy the argument that betting was an important catalyst for the growth of nearly every American sport, a symbiotic relationship that's been manipulated and suppressed for nearly 200 years, then maybe that's exactly where it belongs.</span></p>
<p><span style="font-weight: 400;">How will legalized sports betting change American sports? Perhaps parlays can provide some perspective. Consider this scenario. A lifelong Cubs fan arrives early to a weekday ballgame and stops for dinner and drinks at the state's "premier destination for entertainment," the DraftKings Sportsbook at Wrigley Field. While there, he notices a promotion on one of the screens that promises a "profit boost" for a "10-leg, same-game parlay." Never one to turn down a boosted profit, our fan pulls out his phone, brings up the DraftKings app, and strings 10 separate bets into a single wager. It ends up costing $10, less than the cost of his beer. He then pays his bill and heads into the stadium. The game begins and neither team scores a run in the first inning.</span></p>
<p><span style="font-weight: 400;">That was one leg of the parlay. Then the Cubs third baseman gets a hit. Second leg unlocked. So far, so good. Over the next eight innings, nine of the 10 legs of the parlay hit. There's only one scenario left: The Cubs catcher can't get more than one hit in the game. And now this player is up in the ninth inning having already hit a double. Also the bases are loaded, the Cubs are down by one, and the team's speedy center fielder is on second base. If the catcher gets a hit, the game is probably over and the Cubs win. But if he gets out, the Cubs lose and our fan wins $1,000.</span></p>
<p><span style="font-weight: 400;">So what's our fan going to do? He's going to root for the money, right? It's a single regular-season game for a team that probably won't make the playoffs anyway. But what if the payout was only $500? Or $50? How about $15? How much is a win worth to our fan? How much are any wins worth to any fans?</span></p>
<p><span style="font-weight: 400;">The entire country is about to find out.</span></p>
<p><i><span style="font-weight: 400;">This article is adapted from </span></i><a href="https://www.amazon.com/exec/obidos/ASIN/B0FWZXTYB5/reasonmagazinea-20/"><span style="font-weight: 400;">Over/Under: An Unexpected History of Sports Betting</span></a><i><span style="font-weight: 400;"> by permission of Pegasus Books.</span></i></p>
<p>The post <a href="https://reason.com/2026/06/29/the-mob-used-to-run-sports-betting-now-draftkings-and-fanduel-do/">The Mob Used To Run Sports Betting. Now DraftKings and FanDuel Do.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[A logo for "DraftKings Sportsbook" is pictured on the outfield wall of Wrigley Field, surrounded by ivy.]]></media:description>
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	</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[
				Marjorie Taylor Greene: 'You're Not Being Represented!'			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/06/29/marjorie-taylor-greene-youre-not-being-represented/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8390684</id>
		<updated>2026-06-29T14:27:57Z</updated>
		<published>2026-06-29T15:00:31Z</published>
			<category scheme="https://reason.com/latest/" term="Entitlements" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="J.D. Vance" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Marjorie Taylor Greene discusses the future of the Republican Party, the resurgence of democratic socialism, and why the political establishment always wins]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/06/29/marjorie-taylor-greene-youre-not-being-represented/">
			<![CDATA[<p>Former Rep. <a href="https://x.com/mtgreenee">Marjorie Taylor Greene</a> (R–Ga.) joins <em>Free Media</em>'s <a href="https://reason.com/people/robby-soave/">Robby Soave</a> to discuss the resurgence of democratic socialism, her friendship with Rep. Thomas Massie (R–Ky.), and where the Trump administration went wrong. Greene also argues that too many politicians simply refuse to listen to their constituents and would rather die in office than give up power. And Soave introduces her to a favorite <em>Reason</em> term: "total boomer luxury communism."</p>
<p>0:00–The resurgence of democratic socialism<br />
2:17–President Donald Trump's promise of "no new wars"<br />
6:03–The economic impact of tariffs and deportations<br />
8:32–Thomas Massie and libertarian views<br />
11:53–The political establishment and two-party system<br />
17:26–J.D. Vance and the future of the Republican party<br />
21:41–Does Marjorie Taylor Greene miss Congress?<br />
23:17–Generational wealth and entitlement programs<br />
24:51–Why octogenarians refuse to leave Congress</p>
<p>Producers: <a href="https://reason.com/people/paul-alexander/">Paul Alexander</a> &amp; <a href="https://reason.com/people/natalie-dowzicky-2/">Natalie Dowzicky</a></p>
<p>Audio Mixer: <a href="https://reason.com/people/ian-keyser/">Ian Keyser</a></p>
<hr />
<h2>Transcript</h2>
<p><em>This is an AI-generated transcript. Check all quotes against the audio for accuracy.<br />
</em></p>
<p><b>Robby Soave: Welcome to </b><a href="https://reason.com/newsletters/free-media/"><b><i>Free Media</i></b></a><b>. I'm Robby Soave, and today I am joined by former congresswoman </b><b>Marjorie Taylor Greene</b><b>. It's lovely to see you. Thank you for being here.</b></p>
<p><span style="font-weight: 400;">Marjorie Taylor Greene: Yeah, thank you for having me.</span></p>
<p><b>Well, I want to start with some news from last week. The democratic socialists are doing really well in New York City, winning some primaries there. This is coming at a time when I think the rank and file in both parties are so frustrated with the establishment, whether it's the Democratic establishment on that side or the Trump administration on the Republican side. You've been a vocal critic of Trump, and we'll get to that. But first I wanted to ask you, what do you make of this rising tide of far-left policies on the socialist side?</b></p>
<p><span style="font-weight: 400;">I'm not surprised by it at all. As a matter of fact, I had been saying for several years that this was coming, that that was the direction of more younger-generation Democrat voters. And so it doesn't surprise me at all, but I also see the same thing on the right. There's a sort of like a new direction happening, and it's happened in the past year, where many people, many Republican voters who voted for Trump, voted for Republicans, considered themselves MAGA or were MAHA, or just actually voted in that election for the first time, have been so disappointed that they're fractured off as well. And it's a lot of the younger-generation people on the right who are just fed up. So I think it's on both sides that you're seeing many people are fed up with the establishment of both parties, Republicans and Democrats. And the establishment, honestly, after serving in Congress, they're very much the same. There is a center of Republicans and Democrats in Congress and in the Senate that will pretty much vote yes together on a lot of the key funding bills and will never change, no matter how they campaign. They just stick together and keep the machine moving forward. And so it doesn't surprise me that you're seeing that on the left and the right.</span></p>
<p><b>Part of the key pitch I think that Trump made to young voters, new voters, people he reached through podcasts in the 2024 election, was the </b><a href="https://truthsocial.com/@realDonaldTrump/posts/112701868998754129"><b>no-new-wars</b></a> <b>guarantee. Last year, this year, doesn't seem like we've been a no-new-wars administration. What do you think happened? Was that a lie? Did he change his mind? Has he been convinced by people who don't agree with that aspect of MAGA? What is going on?</b></p>
<p><span style="font-weight: 400;">That's a deep question, not easily answered. So that was one of the things that I loved early on about Donald Trump. Back in 2016, when he came out on the debate stage and he was willing to </span><span style="font-weight: 400;">talk</span> <span style="font-weight: 400;">about how Iraq was a major mistake and criticize people in Washington for supporting that war. And that was always one of the things that I personally loved about Donald Trump, is he seemed to be and constantly spoke out against no more foreign wars, not supporting foreign wars, regime change. And that's exactly what so many of us are sick and tired of. Now, what changed? We saw a radical change after he became president. I spoke out. I think I was the only Republican, probably me and </span><a href="https://x.com/RepThomasMassie?lang=en"><span style="font-weight: 400;">Thomas Massie</span></a><span style="font-weight: 400;">. I'm sure we were the only two. And last year, in June 2025, when he first bombed Iran,</span> <a href="https://x.com/FmrRepMTG/status/2027746247684075987"><span style="font-weight: 400;">I spoke out against it</span></a><span style="font-weight: 400;">. I'm sure </span><a href="https://x.com/RepThomasMassie/status/1934749340813476204"><span style="font-weight: 400;">Thomas Massie did</span></a><span style="font-weight: 400;">,</span> <a href="https://x.com/charliekirk11/status/1933330290094809184?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1933330290094809184%7Ctwgr%5Eacce1a7962c5020183c4ce3dbefdc611f1d23fa7%7Ctwcon%5Es1_c10&amp;ref_url=https%3A%2F%2Fthenationaldesk.com%2Fnews%2Famericas-news-now%2Fold-charlie-kirk-tweet-about-iran-resurfaces-as-potential-military-strike-talks-continue-israel-nuclear-program-jack-posobiac"><span style="font-weight: 400;">Charlie Kirk did</span></a><span style="font-weight: 400;">, Tucker Carlson did, but we were a very small percentage that were willing to criticize the president. That's one of the worst things you can do in MAGA is dare criticize the president.</span></p>
<p><span style="font-weight: 400;">So what do I think changed? I think President Trump has been under massive pressure since he has become president, and that's come through Israel, that's come through major donors of his, that comes from people like </span><a href="https://x.com/marklevinshow?lang=en"><span style="font-weight: 400;">Mark Levin</span></a><span style="font-weight: 400;">, </span><a href="https://www.lgraham.senate.gov/public/"><span style="font-weight: 400;">Lindsey Graham</span></a><span style="font-weight: 400;">, you name it. The whole entire pro-Israel or Zionist caucus has pushed for that, and it's always a push in Washington. See, that's another thing people need to understand: No matter who the person is that becomes president, they are going to be lobbied with massive pressure to engage in war or to support another country in war. And the reason why is it is one of the biggest businesses in America. People talk about the military-industrial complex. That is a real thing. And so these are many companies all over our country that are funded annually from Washington, and they rely on defense contracts in order to continue to build weapons, to make the latest, greatest weapons that they can't wait to sell to the Pentagon, can't wait to show lawmakers and show off and say, "Hey, here's what we need for our military." They make it very patriotic to support.</span></p>
<p><span style="font-weight: 400;">And there's even a massive pressure campaign, and I've first-hand witnessed this as a member of Congress, as they come to you and they say, "Hey, if you don't vote and support the </span><span style="font-weight: 400;">[National Defense Authorization Act]</span><span style="font-weight: 400;">, there's a couple of defense contractors, companies, very important companies in your district. And without these contracts, without this funding, there's going to be thousands of people that are your constituents, they'll lose their jobs." And so they even pressure you in that way and imply that you'll probably lose your election if people are losing their jobs because you're not voting for this funding.</span></p>
<p><b>I remember you giving interviews to </b><a href="https://www.youtube.com/watch?v=wlONOh_iUXY"><b>Tim Dillon</b></a><b> and some other people, saying that you are actually listening to people. You were listening to the people in your district saying, "Hey, I'm a small-business owner. These tariffs are really hurting me. Hey, I want to do something about illegal immigration, but if we're rounding up every single person, including people who are working and not committing other crimes, it impacts my business in a negative way." Do your former colleagues listen to the people in their district on some of these pretty basic economic issues, where what the administration was doing was just destroying their bottom line?</b></p>
<p><span style="font-weight: 400;">So what I was saying, and I still say it, is this is what my actual constituents are saying. Here's their real words. These are the real concerns of Americans. But most members of Congress, they live in the silo of the two-party system, whether it's Republican or Democrat, and they will not openly and publicly step outside those boundaries. So whether they listen to them or not, you are not going to see—and I'm sure it's something you can observe—you're not going to see Republicans and Democrats hardly ever step outside their party. Because if they step out and they actually start telling the truth, like, "Hey, Americans really don't support whatever it may be," they're going to get it when they go back to Washington. You'll hear it.</span></p>
<p><span style="font-weight: 400;">So I used to get it all the time from our leaders, whether it was the speaker, the majority leader, whether it was different leaders in our conference. If I was taking a certain position that was not </span><i><span style="font-weight: 400;">the</span></i><span style="font-weight: 400;"> GOP position, I got a backlash for those things. And that affects people's fundraising. But I didn't ever have to rely on the party fundraising. Over 95 percent of my donations were small-dollar donors. So I never felt threatened in that way. It wasn't the cocktail party fundraisers in Washington that funded my campaign. So I was just willing to be outspoken and honest about this is what's hurting people.</span></p>
<p><b>Can you speak a little bit about your ideological evolution? You came to Washington as a fervent backer of MAGA, of Trump, a supporter of MAHA, and you have ended your time in Washington very ideologically and personally close with Thomas Massie, who got taken out, targeted by Trump for many of the same reasons you became at odds with the administration. Thomas Massie is someone who has thought of himself as a libertarian or friendly to libertarianism, which is the ideology of </b><b><i>Reason</i></b><b>. Have you developed more interest in the project of— I'm not trying to say you were against freedom to begin with. I know that was important, a view of yours as well. But have you felt more kinship with Massie and with the ideology and the movement he's involved in?</b></p>
<p><span style="font-weight: 400;">That's actually a misconception. Literally my entire time in Congress, I was aligned with Thomas Massie and our voting records are very similar. As a matter of fact, he was one of my best allies and best friends the entire time I served there. And we worked together on many issues, and that was before Trump was elected in 2024. So I stood, sort of, in both camps, I would say.</span></p>
<p><span style="font-weight: 400;">And I never was a big Republican Party person. As a matter of fact, I never was elected before I won in 2020 for Congress, and I never even went to my county GOP meetings. Like I didn't know anybody. I didn't know them. I was actually angry at Republicans when I ran for Congress, and I attacked them constantly. And I didn't align with Democrats at all, so I attacked them as well.</span></p>
<p><span style="font-weight: 400;">And I would say, if I describe myself best, I was very naive to the entire political process, because I had no experience in it. But I was angry, just completely angry at the government, just totally outraged by the government. So when I became a member of Congress—so imagine yourself becoming a member of Congress—and I actually went in there, I spent five years of my life the most pissed off I could ever be because I hated all of it. I hated every bit of it.</span></p>
<p><span style="font-weight: 400;">And I would say I was very much fooled, like many. I was also a rallygoer, like a Trump rally–goer. So I believed his speeches. I believed his words when he talked about no more foreign wars and draining the swamp and "lock her up" and we're going to hold them accountable. He said, "I am your retribution." You know, I believed all of that because I believed in crashing the system. And so I thought that Trump would be the vehicle to do it, and boy, was I wrong. And so I spent five years in Washington trying every way possible to find success in stopping everything that I felt was ruining America. But it's virtually unstoppable.</span></p>
<p><b>The two-party system is so brutal, right? </b></p>
<p><span style="font-weight: 400;">Yeah.</span></p>
<p><b>Because you're frustrated and I'm frustrated that the administration, the Trump administration, is not prioritizing some of the things they ran on, is not trying to make it easier to start a business or build a house or prosper in America, is very focused on foreign conflicts. But what you know that if you withdraw support for that party and it helps the other party, they're going down a socialist direction. Or even someone like </b><a href="https://www.gov.ca.gov/"><b>Gavin Newsom</b></a><b> and his backers, who want to massively confiscate the wealth of our most productive tech entrepreneurs, the people who are trying to make my life easier, who are trying to grow the economy in that way, and they're going to embrace ideas that are totally shutting all of that down. So it's like you just have bad choices no matter what you do.</b></p>
<p><span style="font-weight: 400;">That's right. It's government overreach on both sides and in all different directions. And so there are no choices anymore. I call it the political-industrial complex. The Republican and Democrat two-party system is the political-industrial complex. And right now, as it stands, you can't beat it. I tried. I literally tried to beat it. I got in it and thought, "Hey, hold them accountable." I wanted to hold Republicans accountable for what they promised on the campaign trail, and I wanted to defeat Democrats on the threats that I thought they were threatening against us as well. But no, as it stands right now, it is such a strong system. </span></p>
<p><span style="font-weight: 400;">Well, no, let me take it back. It's beatable. It just requires the American people fully getting engaged. And the American people just aren't fully engaged.</span></p>
<p><b>And it's a system that is not working for so many people in America, so many young people. I know you've spoken many times about the difficulties of young people trying to obtain health care or afford a house, and I don't think big government is the solution to any of those problems, because the more money the government puts into fixing those problems, the more expensive those things seem to get, the more out of reach they seem to get. But does the left have an easier or more appealing answer when the right doesn't seem to have <em>any</em> answer, or doesn't articulate how they're going to clear the red tape, allow market solutions to fix those problems? You don't hear enough of that, do you?</b></p>
<p><span style="font-weight: 400;">No, and the Republican Party doesn't really mean it. They might try to talk that way, and they do now. They have reduced some regulations. I mean, there are really some great things that they have done that I appreciate. I certainly love the border security. I think that's been a success from the Trump administration. However, no, no. What the Democrats do is they offer solutions, and they're good at making their solutions </span><i><span style="font-weight: 400;">sound</span></i><span style="font-weight: 400;"> fantastic. But when you analyze their solution and you look at the outcome, you can quickly realize, no, they may have a solution, but it's going to make things worse.</span></p>
<p><span style="font-weight: 400;">I mean, </span><span style="font-weight: 400;">Obamacare</span><span style="font-weight: 400;"> was the perfect example of that. They sold it, and it sounded really, really great, but the outcome has been many insurance companies pulled out of the health insurance market. Then the competition decreased massively every year. Premiums increased, and health care costs went up, and the government funding of it helped it. So it propped it up, and then their solution is more government health care, and we can't afford that.</span></p>
<p><span style="font-weight: 400;">Social Security is about to be completely insolvent in 2032. And so all of us that have been paying, you've been paying Social Security your entire life. If you're a business owner, you're paying 12.2 percent. If you have an employer, you are paying 6.1 percent. Well, very soon, in just a matter of years, most Americans are going to find out that you really have been paying a tax the entire time, and it's very unlikely you'll ever see a Social Security check paying you back any of the so-called benefits that you paid in. So much of this turns out to be a scam.</span></p>
<p><span style="font-weight: 400;">While at the same time, both parties have plunged us all into nearly $40 trillion in debt. So no one's really bringing real solutions in. And my frustration remains that, at large, the American people, and I'm not talking about you, but at large, the American population just is completely not engaged. They're just not. You want to know why? They're not suffering yet. A population of people have to truly suffer before they're </span><i><span style="font-weight: 400;">willing</span></i><span style="font-weight: 400;"> to engage.</span></p>
<p><span style="font-weight: 400;">And right now, even though inflation has made the cost of living extremely difficult, even though health care and health insurance is absolutely absurdly expensive— I mean, we could even talk about car insurance. That's one of my pet peeves.</span></p>
<p><span style="font-weight: 400;">Even though all of this cost keeps rising and credit card debt increases, the American people are still getting along, living their lives, able to go on vacations, able to enjoy their hobbies and do things. They're being stretched tighter, but they're still enjoying pretty much their American life. So they're not suffering. Therefore, they're not engaging. And they'll engage when it's probably too late.</span></p>
<p><b>Do you see any of this changing once Trump is no longer in office and we move to, I guess, J.D. Vance likely pursuing the presidency? How do you feel about him and what he might run on? In some ways, he sounds more committed to no new wars, America first, etc. But of course, right now, he's on a kind of tour defending what the administration has done, because he can't say that he disagrees with it, because when you tell Trump you disagree with him, you get yourself in trouble. That happened to you. </b></p>
<p><span style="font-weight: 400;">Exactly.</span></p>
<p><b>Do you know deep down he's just kind of biding his time and there would be no new wars if he took over? Or would he face the same pressures that you're describing, and it's not even worth rooting for?</b></p>
<p><span style="font-weight: 400;">Well, I know J.D., and I like him. I was the first Republican member of Congress to endorse him when he was running for Senate. They were all pushing for another guy that was very pro-Israel. However, it was me, Charlie Kirk, </span><span style="font-weight: 400;">Don Jr.</span><span style="font-weight: 400;">, Tucker. I think that was pretty much our coalition. We all got behind J.D. Vance and eventually persuaded President Trump to endorse him as well.</span></p>
<p><span style="font-weight: 400;">But here's where I'm at today. I strictly judge people by their actions, 100 percent. I can like someone or agree with their statements or say, "Wow, they gave a great speech. That sounds lovely." But I'm strictly on actions only. Love </span><span style="font-weight: 400;">Joe Kent</span><span style="font-weight: 400;">. He <a href="https://www.presidency.ucsb.edu/documents/resignation-letter-from-national-counterterrorism-center-director-joseph-kent">resigned</a> because he was like, "I'm not going to be a part of this." I really appreciated </span><span style="font-weight: 400;">Tulsi [Gabbard]</span><span style="font-weight: 400;"> releasing the information about COVID and the labs all over the world and the funding behind it, but she also did that on her last day in office, when we could no longer prosecute </span><a href="https://www.niaid.nih.gov/about/anthony-s-fauci-md-bio"><span style="font-weight: 400;">Fauci</span></a><span style="font-weight: 400;">, as if that was ever really going to happen.</span></p>
<p><span style="font-weight: 400;">President Joe Biden, he loves Fauci. Well, yeah, but Trump also loves Fauci. I mean, and he loves the COVID vaccine, and he thinks he saved 100 million people because of the COVID vaccine, although I would argue millions of people </span><i><span style="font-weight: 400;">died</span></i><span style="font-weight: 400;"> because of the COVID vaccine.</span></p>
<p><b>Do you think that?</b></p>
<p><span style="font-weight: 400;">Yeah, I do. I'm very much against the COVID vaccines. And I think—</span></p>
<p><b>I'm against </b><b><i>mandatory</i></b><b> vaccination. I think it should be people's choice. That's what I would say.</b></p>
<p><span style="font-weight: 400;">Yeah, it should be people's choice, but I served on the </span><span style="font-weight: 400;">COVID Select Committee on Oversight</span><span style="font-weight: 400;">, and this was an issue that I took a deep, deep dive in, on many levels. And there are known very, very bad things that are known about the vaccines, and they knew them early on, and the FDA still approved them, and they should have never been approved.</span></p>
<p><span style="font-weight: 400;">When it came to COVID, it was a horrible virus, but the people that were at risk, people that were obese or elderly people, people that had really sad health conditions to begin with, they were very vulnerable to it. So I believe that's the population of people we should have protected. We should have stayed open, kept working, kept school going, and I think herd immunity would have taken care of it. For the larger part of the population.</span></p>
<p><b>We had to rely on it anyway, because whatever one thinks about the vaccine, it certainly didn't prevent the spread of cases, as they suggested it would. It absolutely didn't do that. Everyone who did get it had the experience, if you get the COVID shot, of eventually getting COVID anyway. So that was an interesting prediction.</b></p>
<p><span style="font-weight: 400;">It seems like when people got the vaccine, they actually got the virus more often, versus those like, I never got the vaccine. I got COVID in March 2020, and I've never gotten it since.</span></p>
<p><b>So I got the vaccine probably four times, and I got COVID probably four times. So&hellip;</b></p>
<p><span style="font-weight: 400;">Wow.</span></p>
<p><b>There you go.</b></p>
<p><span style="font-weight: 400;">Yeah, that smashes my theory. But don't get it anymore. You don't need it.</span></p>
<p><b>I think we're moving on from that. Well, I know you said you'd have to go shortly, so we'll wrap with this. You're not going to be in Congress anymore. What do you want to do next? What does your life look like now? Do you miss being in Congress, and what are you hoping to accomplish?</b></p>
<p><span style="font-weight: 400;">I absolutely </span><i><span style="font-weight: 400;">do not</span></i><span style="font-weight: 400;"> miss being in Congress. Imagine working every single day with the people that are destroying our country and with people that have no desire to fix it, and most of the people there are completely sold out. So I don't miss that at all. I love being back in what I call Normal People World, where everyone is just real and honest and you have to earn your living with an honest day's work. That's the world I came from, with a family construction business, and I'm very happy to be back in Normal People World.</span></p>
<p><span style="font-weight: 400;">So what I'm doing now is we're producing a new series called </span><a href="https://x.com/mtgreenee/status/2070259579829579946"><i><span style="font-weight: 400;">Life With MTG</span></i></a><span style="font-weight: 400;">, where I'm just talking about the things that I find interesting, that I think most Americans are talking about, versus what Washington, D.C., or the national news is talking about. And it's new, so I'm going to be sharing stories that happened in Washington and also just knowledge that I learned. And I want to share that with people. I think you deserve to know it.</span></p>
<p><span style="font-weight: 400;">So, yeah, that's what I'm doing and enjoying. My kids are all in their 20s. That's why I'm always mad about health insurance and the cost of living and housing and all that. And so just enjoying a lot of good, normal life.</span></p>
<p><b>Have you heard the term </b><b><i>total boomer luxury communism</i></b><b>? That's what we have started describing, this system in America where young people, through taxes, are paying for everything and all the benefits are going to older and retired people, who also have the money that they've saved their whole lives. It's like they're getting all the benefits from the system, but also they're the ones with all the houses and all of the money, and it doesn't really make sense to do it that way.</b></p>
<p><span style="font-weight: 400;">Well, OK. So I give boomers a lot of grief. I do. I tear them up all the time, mostly because they just get spoon-fed information on Fox News all day long, or CNN or whatever they watch. And I can't stand Fox News. I think it's straight-up propaganda. So, yeah, I give the boomers a hard time. However, they earned their money. They own their homes. That is their wealth. So I'm never going to </span><i><span style="font-weight: 400;">ever</span></i><span style="font-weight: 400;"> attack anybody for what they earned.</span></p>
<p><b>Yeah, I don't want to take that away from them. It's just also then the government benefits all go to them too.</b></p>
<p><span style="font-weight: 400;">Well, they paid for it, though. I mean, the problem—</span></p>
<p><b>Like you said, young people paying into it are never going to get it.</b></p>
<p><span style="font-weight: 400;">No, you're not going to get it. And you want to know why you're not going to get it? Because of the boomers that are in charge and refuse to let go of power. So, yes, we are being systematically destroyed by the boomers. So I blame the boomers for a lot of problems, but it's the boomers like the </span><a href="https://www.mcconnell.senate.gov/public/"><span style="font-weight: 400;">Mitch McConnells</span></a><span style="font-weight: 400;">, the </span><a href="https://pelosi.house.gov/biography"><span style="font-weight: 400;">Nancy Pelosis</span></a><span style="font-weight: 400;">, the Donald Trumps, the Joe Bidens, all these 70- and 80-year-olds. Who are&hellip;</span></p>
<p><b>Who all cling to power. Why do they love being in government so much? You say it's like being in hell, you prefer being with normal people. Nobody else seems to feel that way. They all want to die in office.</b></p>
<p><span style="font-weight: 400;">You want to know why they want to die in office? I'll tell you why. When they've been there for 30 to 40 years, that literally becomes their life. And so it's horrible. It's a miserable existence.</span></p>
<p><span style="font-weight: 400;">So imagine yourself being 80 years old, and your staff is your caretakers. They take you to the doctor. They drop off and pick up your dry cleaning. They help you get your groceries. They wheel these people around in their damn wheelchairs. I'm not kidding you. They wheel them all over the Capitol, all over the office buildings, to their committee hearings, to the House floor to vote, where once they're in front of the cameras, they stand their decrepit old selves up, and they walk into the House floor and they sit in a chair, they put their voting card in the machine, and they push green or red based on what their staff tells them to vote.</span></p>
<p><span style="font-weight: 400;">And then they come out and they give their occasional few-minute speech, or they read their speech and they read their talking points on their committee hearings. That's what these people are. The very sad, very lonely, horrible existence of many of these </span><i><span style="font-weight: 400;">old</span></i><span style="font-weight: 400;"> members of Congress and senators is you're not seeing an old person that is living out the end of their life surrounded by their children and their grandchildren and maybe even great-grandchildren. No, you're seeing these old people wearing their old dumpy suits, or some of these women are—like </span><a href="https://waters.house.gov/"><span style="font-weight: 400;">Maxine Waters</span></a> <span style="font-weight: 400;">and Nancy Pelosi—some of these women are wearing extremely expensive, beautiful suits, wearing high heels that I don't know how their old feet can possibly walk around in those high heels.</span></p>
<p><span style="font-weight: 400;">But that's how they're spending their days. And they can't let go of the praise. Do you know what they love more than anything? "Oh, let me hold the door for you, Mr. Congressman," or "Yes, Your Honor. Your Honor, here. Oh, it's good to see you again, sir. Come on in." They are addicted to all of that. And so it's why they never give it up. They never give it up. And most of them, after they've been there so long, that's how they earn their paycheck. So what would they replace their paycheck with?</span></p>
<p><span style="font-weight: 400;">And that's really just a horrible, awful reality, but it's a reality that I wish so many times the American people could see. Could see that old, old person being wheeled around by their 25-year-old staffer to go in there and read the words that the other 20-year-olds wrote in their office and vote the way they've told them to vote. You're not being represented. You're not. I'm just telling you, you're not being represented.</span></p>
<p><b>Well, I can't think of anything more libertarian to do than decide you don't want to be a part of that. </b><b>Marjorie Taylor Greene</b><b>, thanks so much for joining us.</b></p>
<p><span style="font-weight: 400;">Thank you. Thanks for having me. I enjoyed it.</span></p>
<p>The post <a href="https://reason.com/podcast/2026/06/29/marjorie-taylor-greene-youre-not-being-represented/">Marjorie Taylor Greene: &#039;You&#039;re Not Being Represented!&#039;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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