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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
	<rights>(c) Reason</rights>
	<updated>
		2026-06-03T08:34:45Z	</updated>

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	<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				No Sealing of Expired Harassment Restraining Order			]]></title>
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		<id>https://reason.com/?post_type=volokh-post&#038;p=8385137</id>
		<updated>2026-06-02T19:04:49Z</updated>
		<published>2026-06-03T12:34:45Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Harassment" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[From the May 26 decision in Hayne v. Akoto, by Minnesota Court of Appeals Judge Elizabeth G. Bentley, joined by&#8230;
The post No Sealing of Expired Harassment Restraining Order appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/03/no-sealing-of-expired-harassment-restraining-order/">
			<![CDATA[<p>From the May 26 decision in <a href="https://mn.gov/law-library-stat/archive/COAorderopinions/orda251604-052626.pdf"><em>Hayne v. Akoto</em></a>, by Minnesota Court of Appeals Judge Elizabeth G. Bentley, joined by Judges Keala Ede and Lisa Beane:</p>
<blockquote><p>On July 2, 2025, over a year after [a 2022 harassment restraining order against her] expired, Akoto moved to have the record of the case sealed under Rule 4, subdivision 1(e), of the Minnesota Rules of Public Access. In that motion, Akoto asserted that the public accessibility of the HRO records "continue[d] to cause significant harm to [her] personal and professional life," and that it had negatively impacted her "ability to obtain housing, employment, and to rebuild [her] reputation and relationships." &hellip; The district court denied Akoto's motion [and a follow-up filing that] attached exhibits purporting to show that she is underemployed and has had to live in poor conditions because of the public accessibility of the HRO records&hellip;.</p></blockquote>
<p><span id="more-8385137"></span></p>
<blockquote><p>[T]here is a presumption in favor of access to court records. A party seeking to restrict access has the burden of presenting "strong countervailing reasons" or "most compelling reasons" why the records should be sealed. Then, "[a] balancing test is applied to determine whose interests should prevail. Those interests supporting access, including the presumption in favor of access, are balanced against the interests asserted for denying access." &hellip;</p>
<p>The district court properly applied this balancing test. It explained that it applied the balancing test and concluded that Akoto's arguments did not outweigh the presumption in favor of public access. More specifically, the district court expressed that there were no compelling circumstances that could rebut the presumption here and that "[a]ccepting [Akoto's] arguments would essentially require the Court to seal every [HRO] when requested by a party." The district court did not misapply the law&hellip;.</p>
<p>Reviewing the record as a whole, we also see no indication that the district court acted contrary to logic or facts in the record. Akoto does not argue that the district court relied on clearly erroneous facts. Rather, she appears to ask this court to reweigh her privacy interests and the alleged reputational and professional harm she has experienced as a result of the accessibility of these records. But "the role of an appellate court is not to weigh, reweigh, or inherently reweigh the evidence." &hellip;</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/06/03/no-sealing-of-expired-harassment-restraining-order/">No Sealing of Expired Harassment Restraining Order</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Keith E. Whittington</name>
							<uri>https://reason.com/people/keith-e-whittington/</uri>
					</author>
					<title type="html"><![CDATA[
				More on Birthright Citizenship and Intellectual Diversity Mandates			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/03/more-on-birthright-citizenship-and-intellectual-diversity-mandates/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385182</id>
		<updated>2026-06-02T21:05:33Z</updated>
		<published>2026-06-03T12:34:13Z</published>
			<category scheme="https://reason.com/latest/" term="Academic Freedom" /><category scheme="https://reason.com/latest/" term="Birthright Citizenship" />		<summary type="html"><![CDATA[Final articles now in "print"]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/03/more-on-birthright-citizenship-and-intellectual-diversity-mandates/">
			<![CDATA[<p>I have two articles just released in their final form.</p>
<p><a href="https://journals.law.harvard.edu/jlpp/subject-to-the-jurisdiction-as-legal-text-james-a-heilpern-keith-e-whittington/">One</a>, with James Heilpern, examines how "subject to the jurisdiction" was used in legal texts in the United States through the adoption of the Fourteenth Amendment. Making use of treaties, statutes, congressional debates, and judicial opinions, the article considers whether that language, which was used in the Fourteenth Amendment's citizenship clause, had an established legal meaning that would have been known to the legal community in 1868. If so, what might that meaning be?</p>
<p><a href="https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2026/06/Heilpern-Whittington-Sbj-to-Jx-as-Legal-Text-vf.pdf">From the conclusion of that article</a>:</p>
<blockquote><p>The task of this Article is a narrow one. We do not investigate the specific intentions of the drafters of the Fourteenth Amendment or examine their specific purposes in including the Citizenship Clause. We simply ask to what degree did the drafters of that Clause use familiar legal terms and what would have been the ordinary meaning of those terms as used in a legal text. The evidence is overwhelming that the phrase "subject to the jurisdiction" would have had a natural and obvious meaning to mid-nineteenth century American lawyers. These were ordinary legal terms that regularly appeared in legal discourse.</p>
<p>Moreover, the evidence is overwhelming as well as to what the substantive content of that language would have been in 1866. In the legal language of the mid-nineteenth century, "subject to the jurisdiction" of the United States simply meant governed by the United States. That governing authority might have been exclusive or shared, and those subject to that governing authority might have owed a duty of allegiance or they might merely have owed a duty of obedience. Those governed by the United States might be subject to American jurisdiction on a more permanent basis or they might only be subject to that governing authority on a contingent and temporary basis. Those governed by the United States might only be subject to its authority for limited purposes or they might be governed by it more comprehensively. When lawyers wanted to restrict the scope of jurisdiction, they used appropriate modifiers to do so. Using the language of the Fourteenth Amendment to express any idea other than "within the governing authority" would have been creative to the point of absurdity.</p></blockquote>
<p>That article is now available from the <em>Harvard Journal of Law and Public Policy</em> <a href="https://journals.law.harvard.edu/jlpp/subject-to-the-jurisdiction-as-legal-text-james-a-heilpern-keith-e-whittington/">here</a>.</p>
<p>The <a href="https://www.repository.law.indiana.edu/ilj/vol101/iss3/">second</a> examines Indiana's statutory intellectual diversity mandate, known as Senate Bill 202. The law requires that professors teaching in state universities in Indiana demonstrate, among other things, that their courses include an intellectually diverse set of materials in order to retain their jobs. It charges the board of regents to use the tenure process to enforce this requirement. As written, the statute poses a multitude of difficulties for academic freedom and the intellectual enterprise of university teaching.</p>
<p><a href="https://www.repository.law.indiana.edu/ilj/vol101/iss3/6/">From the article</a>:</p>
<blockquote><p>SB 202 might identify a real concern about American higher education, but the<br />
solution it offers is not only ineffective but problematic. SB 202 creates a vague set<br />
of tenure criteria that can easily be misused to target politically controversial<br />
professors. The result is unlikely to improve the quality of classroom teaching or<br />
genuinely foster a climate of free inquiry on university campuses, but it might lead<br />
professors to cater to the loudest cavilers in an effort to insulate themselves from<br />
capricious reprisals.</p></blockquote>
<p>That article is based on the Addison C. Harris Lecture at the Maurer School of Law and is now available in the <em>Indiana Law Journal</em> <a href="https://www.repository.law.indiana.edu/ilj/vol101/iss3/6/">here</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/03/more-on-birthright-citizenship-and-intellectual-diversity-mandates/">More on Birthright Citizenship and Intellectual Diversity Mandates</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Pre-Judgment Attachment in Libel Cases			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/03/pre-judgment-attachment-in-libel-cases/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385117</id>
		<updated>2026-06-02T18:43:59Z</updated>
		<published>2026-06-03T12:01:59Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[An interesting remedy that I've seen a few cases; here is the most recent one, Hussain v. Quraishi, decided May&#8230;
The post Pre-Judgment Attachment in Libel Cases appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/03/pre-judgment-attachment-in-libel-cases/">
			<![CDATA[<p>An interesting remedy that I've seen a few cases; here is the most recent one, <a href="https://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=32711332"><em>Hussain v. Quraishi</em></a>, decided May 20 by Judge Matthew T. Wax-Krell (Conn. Super. Ct. Tolland Jud. Dist.) (plaintiffs Hussain and Garcia are the owner and practice manager of plaintiff VCare Family Practice LLC, which owns the medical office Shifa Clinic):</p>
<blockquote><p>&hellip; Quraishi worked as an independent contractor at the Clinic doing IT work. In 2017, the plaintiffs began having issues with Quraishi, which ultimately led to Hussain applying for a civil protection order against Quraishi, which the Court granted on October 12, 2018.</p>
<p>After that, Quraishi stopped harassing the plaintiffs, but in July of 2025, for reasons unknown to the plaintiffs, Quraishi began posting on Facebook repeatedly about them.</p>
<p>In the Facebook posts, he accused them of various crimes and fraudulent actions, including, among other claims, fraud and identity theft, Medicare and Medicaid fraud, and using a deceased doctor as their medical director.</p>
<p>As a result, on July 7, 2025, Hussain applied for a civil protection order against Quraishi, which the Court granted on July 21, 2025. On that same date, Garcia applied for a restraining order against Quraishi (they had briefly dated in 2015), which the Court granted on July 16, Quraishi was ultimately arrested for violating the restraining order.</p>
<p>Despite the entry of the civil protection order and the restraining order, Quraishi continued posting about the plaintiffs throughout July of 2025 and then from November of 2025 through April of 2026. These posts included more allegations of perjury, witchcraft, identify theft, Medicare and Medicaid fraud, theft of intellectual property, counterfeiting of documents, filing false statements to the police and the courts, and fraudulent billing.</p>
<p>The plaintiffs deny all of the allegations made by the plaintiff [presumably intended to say "defendant" -EV] in his Facebook posts&hellip;.</p>
<p>For purposes of obtaining a prejudgment remedy, the plaintiffs do not have to establish that they will prevail, only that there is probable cause to sustain the validity of their claims. Under this standard, the court concludes on the evidence presented that there is probable cause to sustain the validity of the plaintiffs' claim against the defendant.</p></blockquote>
<p><span id="more-8385117"></span></p>
<blockquote><p>Quraishi's Facebook posts contain serious allegations against the plaintiffs, particularly given their professional roles in operating a primary care clinic. He accuses them of fraudulent billing, Medicare and Medicaid fraud, and countless other fraudulent actions. Quraishi's Facebook posts are detailed extensively in the plaintiffs' exhibits.</p>
<p>In addition to the allegations against the plaintiffs, many of Quraishi's Facebook posts contain inflammatory, threatening language directed at the plaintiffs. For example, Quraishi wrote on Facebook "Hussain, I'm not just coming for you &hellip; I'm going after your family line. And my not yet born children will continue if they must &hellip; In this situation I'm like Liam Neeson's character from the movie Taken &hellip; 'I have a very special set of skills.'" In another post regarding Hussain and Garcia, Quraishi wrote, "I would've gone full Liam Neeson on you[ ] &hellip; I'll let the 5 US Federal Agencies handle you and your whole coven."</p>
<p>In another of his Facebook posts, he wrote that Hussain "is a high level criminal in a medical masonic mafia and he should be placed into either (1) the original Alcatraz prison in San Francisco; (2) the new alligator Alcatraz in Florida." In another Facebook post, Quraishi wrote "the whole world is going to watch you &hellip; burn in the hottest inferno hell has provisioned." In yet another Facebook post, Quraishi wrote "a gay male nurse and smelly jew bribed a little piggie." In another Facebook post, Quraishi accuses the plaintiffs, as well as three Judges of the Rockville Superior Court of "racketeering."</p>
<p>Garcia testified that Quraishi has 822 followers on Facebook, and that his posts may have been seen by more people if any of his followers shared his posts with others.</p>
<p>Garcia also testified that Quraishi's Facebook posts have affected her and the Clinic. She testified that the staff is scared, and that she has to review Facebook to see Quraishi's state of mind before she goes to work. She testified that they are particularly vigilant at the Clinic, where they have cameras "all over," and the staff is monitoring who comes in. She testified that she has worked very hard to get where she is, and that it is upsetting to be accused of what Quraishi has accused her of in his Facebook posts. She believes that the posts have harmed her personal and professional reputation. Patients and family members have called the Clinic to ask if they have seen what Quraishi is posting about them&hellip;.</p></blockquote>
<p>The court concluded there was probable cause that plaintiffs will prevail on their claims for defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, and false light invasion of privacy, and, therefore granted a prejudgment remedy:</p>
<blockquote><p>Based on the defendant's Facebook posts, there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiffs&hellip;.</p>
<p>The plaintiffs shall be authorized to attach and/or garnish any or all of the following to the amount of $300,000.00.</p>
<ol type="a">
<li>To attach the defendant Mansoor Quraishi's interest in 2 Davenport Road, West Hartford, Connecticut; and</li>
<li>To attach and/or garnish such other assets, property or obligations held by or on behalf of the defendant Mansoor Quraishi as may be identified by defendant's disclosure pursuant to the plaintiffs' motion for disclosure of assets&hellip;.</li>
</ol>
</blockquote>
<p>The post <a href="https://reason.com/volokh/2026/06/03/pre-judgment-attachment-in-libel-cases/">Pre-Judgment Attachment in Libel Cases</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: June 3, 1918			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/03/today-in-supreme-court-history-june-3-1918-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365808</id>
		<updated>2026-01-26T15:50:34Z</updated>
		<published>2026-06-03T11:00:42Z</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[6/3/1918: Hammer v. Dagenhart decided.
The post Today in Supreme Court History: June 3, 1918 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/03/today-in-supreme-court-history-june-3-1918-7/">
			<![CDATA[<p>6/3/1918: <a href="https://conlaw.us/case/hammer-v-dagenhart-1918/">Hammer v. Dagenhart</a> decided.</p>
<p><iframe title="&#x2696;  Enumerated Powers in the Progressive Era (1895-1918) | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/dWcqtSppXfM?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/06/03/today-in-supreme-court-history-june-3-1918-7/">Today in Supreme Court History: June 3, 1918</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				The Draft Is Unpopular. Registration Becomes Automatic in December Anyway.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/03/the-draft-is-unpopular-registration-becomes-automatic-in-december-anyway/" />
		<id>https://reason.com/?p=8385124</id>
		<updated>2026-06-02T20:00:41Z</updated>
		<published>2026-06-03T11:00:12Z</published>
			<category scheme="https://reason.com/latest/" term="Defense" /><category scheme="https://reason.com/latest/" term="Military" /><category scheme="https://reason.com/latest/" term="Pentagon" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Data Collection" /><category scheme="https://reason.com/latest/" term="Soldiers" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The federal government will now dig through databases to register 18-year-olds for conscription.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/03/the-draft-is-unpopular-registration-becomes-automatic-in-december-anyway/">
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		<p><span style="font-weight: 400;">Americans aren't interested in reinstating a military draft, but that's not stopping the government from "streamlining" Selective Service registration—for young men's own good, we're told. That's right, the government is automating draft registration, using the excuse that it's saving registrants from the legal peril inherent in choosing to not register. The real reason, of course, is that fewer men were voluntarily registering, and the government wants to gloss over that mass rejection by potential draftees.</span></p>
<h1>Automated Registration for Your Own Good?</h1>
<p><span style="font-weight: 400;">One component of the fiscal year 2026 National Defense Authorization Act (NDAA) "modernizes Selective Service through automatic registration," </span><a href="https://houlahan.house.gov/news/documentsingle.aspx?DocumentID=4852"><span style="font-weight: 400;">boasted</span></a><span style="font-weight: 400;"> Rep. Chrissy Houlahan (D–Pa.), who helped push the change. "This update will save taxpayer dollars and reverse falling registration rates by ensuring the Selective Service automatically registers young men, so that none inadvertently face the serious penalties of failing to register."</span></p>
<p><span data-sheets-root="1"></span></p>
<p><span style="font-weight: 400;">The Selective Service System (SSS) has now formally </span><a href="https://www.reginfo.gov/public/do/eoDetails?rrid=1327012"><span style="font-weight: 400;">proposed a rule</span></a><span style="font-weight: 400;"> to implement automatic registration.</span></p>
<p><span style="font-weight: 400;">How many men "inadvertently" face legal peril is an open question. There may well be some young men thankful that they're being spared the challenging task of deciding whether to fill their names in on a form. But they're probably offset by the many people who prefer to make their own choices. Admittedly, the potential penalties for </span><i><span style="font-weight: 400;">not</span></i><span style="font-weight: 400;"> registering are stiff.</span></p>
<p><span style="font-weight: 400;">"Failure to register with Selective Service is a violation of the Military Selective Service Act," </span><a href="https://www.sss.gov/faq/"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the Selective Service System. "Conviction for such a violation may result in imprisonment for up to five years and/or a fine of not more than $250,000." Additionally, "once you turn 26, it's too late to register. Even though you may not be prosecuted, you may be denied student financial assistance, federal job training, and most federal employment at the discretion of the entity providing the benefit or service."</span></p>
<h1>Years of Declining Draft Registration Compliance</h1>
<p><span style="font-weight: 400;">Despite the penalties, more young men have been risking running afoul of the law in recent years.</span></p>
<p><span style="font-weight: 400;">"SSS is experiencing a significant decline in registrations by 18-year-old men," according to </span><a href="https://hasbrouck.org/draft/FOIA/May2024-ToplineMessages.pdf"><span style="font-weight: 400;">Selective Service documents</span></a><span style="font-weight: 400;"> acquired through a Freedom of Information Act request by peace activist Edward Hasbrouck. "In 2020, the registration rate for 18-year-old men nationwide was 61.8%, today it is just 39.9%." </span></p>
<p><span style="font-weight: 400;">Declining registration by young men reaching the age of majority eroded the total pool of men available for conscription in the case of war. The same document revealed that 90.5 percent of 18- to 25-year-old men were registered in 2020; by 2023 only 84.2 percent were registered.</span></p>
<p><span style="font-weight: 400;">That said, Hasbrouck </span><a href="https://responsiblestatecraft.org/us-military-draft-2669344498/"><span style="font-weight: 400;">pointed out</span></a><span style="font-weight: 400;"> in 2024 that "most men register eventually, but often years after their prime draft eligibility. The SSS allows men to register without penalty until their 26th birthday. Some men deliberately or inadvertently delay registering until they are close to age 26. This minimizes their exposure to a possible draft while preserving their eligibility for federal or state jobs or other programs later in life."</span></p>
<p><span style="font-weight: 400;">The records are actually less accurate than official data suggests. Men 18 to 25 are </span><a href="https://www.sss.gov/verify/update-info/"><span style="font-weight: 400;">supposed to update address changes within 10 days</span></a><span style="font-weight: 400;">, but few bother. Draft registration records that don't contain current contact information do the government little good.</span></p>
<p><span style="font-weight: 400;">To deal with its compliance problem, Selective Service has pushed automatic registration for years. In its </span><a href="https://www.sss.gov/wp-content/uploads/2025/06/Annual-Report-2024-6-4-25.pdf"><span style="font-weight: 400;">2024 annual report</span></a><span style="font-weight: 400;">, the agency said it sought to "automatically enroll eligible individuals by leveraging existing databases, ensuring compliance without requiring additional action on the registrants' part." It added that 46 states and territories already had "laws enabling constituents to register when obtaining a driver's license, learner's permit, or state identification card." My son was automatically registered when he </span><a href="https://azdot.gov/mvd/services/driver-services/driver-license-information/selective-service-registration"><span style="font-weight: 400;">got his Arizona driver's license</span></a><span style="font-weight: 400;">. The 2026 NDAA enacts Selective Service's long-desired national policy.</span></p>
<h1>Little Public Enthusiasm for Conscription</h1>
<p><span style="font-weight: 400;">But the move towards easing military conscription flies in the face of Americans' preferences.</span></p>
<p><span style="font-weight: 400;">A May 2026 </span><a href="https://overtoninsights.com/wp-content/uploads/2026/05/Party-and-Demographic-Crosstabs-May-2026-Overton-Insights-Poll.pdf"><span style="font-weight: 400;">Overton Insights poll</span></a><span style="font-weight: 400;"> asked, "If President Trump implemented a military draft, would you support or oppose it?" Two-thirds of respondents strongly (59 percent) or somewhat (7 percent) opposed the idea of a military draft. Only a quarter strongly (11 percent) or somewhat (14 percent) supported the idea. Note that even 41 percent of Republicans opposed implementing a hypothetical Trump-chosen military draft (43 percent supported it). Eighty percent of independents and 86 of Democrats opposed the idea of a draft.</span></p>
<p><span style="font-weight: 400;">It's worth pointing out that the poll frames the implementation of a military draft not just as a presidential power, but one exercised by the current White House inhabitant. In fact, while draft registration is mandatory, it would </span><a href="https://usmilitary.com/how-the-military-draft-works-2026/"><span style="font-weight: 400;">take an act of Congress to reinstate the draft itself</span></a><span style="font-weight: 400;">. That would spread responsibility and likely make responses less partisan. But there's little evidence of enthusiasm for reinstating conscription. There might be even less for the new automated registration system that grants the Selective Service System access to information from a host of unrelated sources.</span></p>
<p><span style="font-weight: 400;">"In reality, this means the federal government will now access databases from state Departments of Motor Vehicles, the Socal Security Administration [<em>sic</em>], and the Census Bureau to gather information to register young men automatically, without their consent," </span><a href="https://www.fcnl.org/updates/2026-05/automatic-draft-registration-what-comes-next-and-why-its-problem"><span style="font-weight: 400;">objects</span></a><span style="font-weight: 400;"> the Friends Committee on National Legislation. "This change also threatens the rights of conscientious objectors. Automatic registration removes the opportunity for individuals' moral decision making."</span></p>
<p><span style="font-weight: 400;">Automatic registration will take us closer to the day when the government unifies data storage for general use and enforcement. That might be a gain for efficiency, but it's not obvious that we should want government officials to be able to more efficiently inflict every rule and whim on the population.</span></p>
<p><span style="font-weight: 400;">One effect of automatic registration is that it's reminded some young Americans that they have skin in the game. There's been a </span><a href="https://nypost.com/2026/04/09/us-news/anti-war-activists-rally-againt-trumps-automatic-military-draft-registration-dangerous-data-grab/"><span style="font-weight: 400;">revival of long largely dormant public pushback</span></a><span style="font-weight: 400;"> by individuals and organizations opposed to conscription. Last month, Sens. Ron Wyden (D–Ore.), Rand Paul (R–Ky.), and Cynthia Lummis (R–Wyo.) </span><a href="https://www.congress.gov/bill/119th-congress/senate-bill/4537/text"><span style="font-weight: 400;">introduced a bill</span></a><span style="font-weight: 400;"> to repeal the Selective Service Act, abolish draft registration, and eliminate penalties for failing to register.</span></p>
<p><span style="font-weight: 400;">Failing passage of the bill or other relevant legislative changes, </span><span style="font-weight: 400;">draft regist</span><span style="font-weight: 400;">r</span><span style="font-weight: 400;">ation <a href="https://thehill.com/policy/defense/5822914-automatic-registration-military-draft/">becomes automatic</a> for 18-year-olds in December 2026</span><span style="font-weight: 400;">.</span></p>
<p>The post <a href="https://reason.com/2026/06/03/the-draft-is-unpopular-registration-becomes-automatic-in-december-anyway/">The Draft Is Unpopular. Registration Becomes Automatic in December Anyway.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Maurice Gaddy/ZUMA Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Soldiers]]></media:description>
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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: Bad Memory			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/03/brickbat-bad-memory/" />
		<id>https://reason.com/?p=8384800</id>
		<updated>2026-06-02T03:19:38Z</updated>
		<published>2026-06-03T08:00:22Z</published>
			<category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Georgia" /><category scheme="https://reason.com/latest/" term="Local Government" />		<summary type="html"><![CDATA[Officials in Macon–Bibb County, Georgia, have dropped their case against 95-year-old Paula East after realizing they had approved her vinyl&#8230;
The post Brickbat: Bad Memory appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/03/brickbat-bad-memory/">
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		<p>Officials in Macon–Bibb County, Georgia, have <a href="https://maconmelody.com/macon-planners-drop-window-case-against-95-year-old-after-finding-their-own-approval-from-2002/">dropped</a> their case against 95-year-old Paula East after realizing they had approved her vinyl windows more than 20 years ago. East lives in a historic row house from 1860, and a neighbor complained that her windows were inauthentic to the style and hurt neighborhood resale value. A design review board had sided with East, saying she didn't have to replace her windows, but the county zoning commission voted in May to overrule that decision, threatening East with fines or jail time if she didn't install compliant windows within 60 days. The commission chair claimed East "defied" the zoning rules and "knew what she was doing" by installing the windows. After East's granddaughter and others fought the case, planners found a certificate showing they had approved the current windows in 2002. After realizing their mistake, the commissioners closed the case.</p>
<p>The post <a href="https://reason.com/2026/06/03/brickbat-bad-memory/">Brickbat: Bad Memory</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[The Macon Newsroom/Instagram]]></media:credit>
		<media:description type="html"><![CDATA[Macon-Bibb County Planning & Zoning Commission]]></media:description>
		<media:title><![CDATA[Bibb County Georgia zoning comission-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/03/open-thread-224/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385016</id>
		<updated>2026-06-03T07:00:00Z</updated>
		<published>2026-06-03T07:00:00Z</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/2026/06/03/open-thread-224/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/06/03/open-thread-224/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				The Supreme Court Reverses Inferior Court Supremacy In Alabama			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/03/the-supreme-court-reverses-inferior-court-supremacy-in-alabama/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385206</id>
		<updated>2026-06-03T04:31:01Z</updated>
		<published>2026-06-03T04:30:22Z</published>
					<summary type="html"><![CDATA[Alabama has no obligation to follow a vacated order, and had every right to challenge a district court's order until it is settled by the Supreme Court.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/03/the-supreme-court-reverses-inferior-court-supremacy-in-alabama/">
			<![CDATA[<p>Late Tuesday evening, the Supreme Court <a href="https://www.supremecourt.gov/opinions/25pdf/25a1314_7m58.pdf">granted</a> Alabama's emergency motion to revise its legislative maps following <em>Callais</em>. The per curiam opinion offers a handy summary of <em>Callais </em>and expressly extends that doctrine to the vote dilution context. The merits analysis stretches one paragraph, but here I want to focus on a single critical sentence:</p>
<blockquote><p>As to intentional vote dilution, the District Court did not heed the presumption of legislative good faith, see Alexander v. South Carolina State Conference of the NAACP, 602 U. S. 1, 10 (2024), because it interpreted the State's legal disagreement with the court's earlier remedial order as proof of discriminatory animus. Cf. Abbott v. Perez, 585 U. S. 579, 608–609 (2018).</p></blockquote>
<p>When I read the Alabama district court's order, I had the same reaction: not following a court's order that was vacated cannot be used to demonstrate a discriminatory intent. The Supreme Court's decision to vacate the district court's order rendered that order null and void, as if it had never existed. The district court cannot then turn around and claim that the failure to follow its non-existent order is proof of animus. I meant to write on this point, but I didn't get a chance. (Thanks Judge Betsy.) Now is a good time.</p>
<p>I've written about <a href="https://reason.com/volokh/2025/03/06/article-iii-inverted-the-supreme-court-surrenders-to-inferior-court-supremacy/">inferior court supremacy</a>, the notion that a single district court can settle the meaning of the Constitution. <em>CASA v. Trump</em> <a href="https://reason.com/volokh/2025/07/14/the-supreme-court-is-supreme-and-the-inferior-courts-are-inferior/">went a long way to rebutting this presumption</a> by firmly establishing the principle of Supreme Court judicial supremacy. I have problems with this aspect of <em>CASA</em>, but that is now the supreme law of the land. Now, the Supreme Court's emergency docket order in <em>Allen v. Milligan</em> further clarifies how unsuperior the inferior courts are.</p>
<p>Litigants, including state governments, should not violate a binding court order. Doing so would lead to contempt of court, which did not happen here. Instead, the district court ordered Alabama to adopt a new map. Alabama chose to adopt a map that the state found consistent with Supreme Court precedent. The District Court disagreed. The state had the right to adopt that new map, knowing it would be challenged in court, and the Supreme Court would ultimately resolve the matter on its mandatory jurisdiction docket. This is more-or-less what Justice Alito discussed on the cited pages of <em>Abbott v. Perez</em>.</p>
<p>There was no defiance of any binding court order. However, Justice Sotomayor's dissent, repeatedly charges the state with defying and flouting the district court's order:</p>
<blockquote><p>"Alabama adopted in unashamed <strong>defiance</strong> of a prior court order directly affirmed by this Court"</p>
<p>"It also corrodes the rule of law by rewarding Alabama's gamesmanship and outright <strong>defiance</strong> of court orders."</p>
<p>"Second, the Court should not have rewarded Alabama's <strong>defiance</strong> of court orders and blatant gamesmanship throughout this litigation."</p>
<p>"Alabama's hands, however, are far from clean. Instead, it <strong>defied</strong> the District Court's order in these cases even after this Court affirmed it. . . ."</p>
<p>"First, Alabama intentionally chose to <strong>flout</strong> a preliminary injunction that this Court affirmed in Allen."</p></blockquote>
<p>Justice Sotomayor explains that Alabama hoped the Supreme Court would agree with the state on appeal:</p>
<blockquote><p>Of course, Alabama had every right to raise its "legal disagreement," ante, at 3, with the District Court's original preliminary injunction through the appellate process orotherwise. The course of action the State chose here, however, was not the proper way of doing so. Had Alabama complied with the preliminary injunction and drawn a map with a second opportunity district, it could have relitigated the merits in the ordinary course: first at a trial on the merits, and then on appeal. At either stage, it could have raised the arguments that the litigants in Callais raised and prevailed on, or advanced challenges to the District Court's remedial order. <strong>Instead, Alabama willfully drew a map that flouted the District Court's preliminary injunction and hoped that this Court would eventually see things its way.</strong> After today, it is hard to call Alabama's cynical gambit anything other than a success, and the Court's rewarding of Alabama's behavior anything other than a blow to the rule of law.</p></blockquote>
<p>Sotomayor also quotes from the Speaker of the Alabama House:</p>
<blockquote><p>The record is bereft of evidence suggesting that Alabama took seriously this Court's finding of discriminatory vote dilution in Allen. Speaker of the Alabama House of Representatives Nathaniel Ledbetter put it bluntly:<strong> "'If you think about where we were, the Supreme Court ruling [in Allen] was five to four. So there's just one judge that needed to see something different.'"</strong></p></blockquote>
<p>This action is only improper if you accept the notion that district courts can settle these constitutional cases. But if you agree with <em>CASA</em> that the Supreme Court is supreme, then Alabama's actions are the <em>only</em> way to test the validity of a new maps. And litigants are well within their rights to hope a 5-4 decision at one stage of the litigation goes 5-4 the other way. <em>Dobbs</em> got to the Supreme Court because Mississippi wanted to test <em>Roe</em>. <em>Callais</em> got to the Supreme Court because Louisiana wanted to test <em>Gingles</em>. And <em>Allen</em> made several trips to the Supreme Court for similar reasons. Justice Sotomayor is wrong on this point.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/03/the-supreme-court-reverses-inferior-court-supremacy-in-alabama/">The Supreme Court Reverses Inferior Court Supremacy In Alabama</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[
				Trump's Self-Promotion Is Always Shameless and Sometimes Illegal			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/03/trumps-self-promotion-is-always-shameless-and-sometimes-illegal/" />
		<id>https://reason.com/?p=8385045</id>
		<updated>2026-06-02T14:50:17Z</updated>
		<published>2026-06-03T04:01:02Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="National Defense" /><category scheme="https://reason.com/latest/" term="Pentagon" /><category scheme="https://reason.com/latest/" term="Rule of law" /><category scheme="https://reason.com/latest/" term="Separation of Powers" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="Currency" /><category scheme="https://reason.com/latest/" term="Department of State" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="John F. Kennedy" /><category scheme="https://reason.com/latest/" term="Treasury" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Visas" />		<summary type="html"><![CDATA[The president tramples the rule of law in his rush to glorify himself.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/03/trumps-self-promotion-is-always-shameless-and-sometimes-illegal/">
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		<p>President Donald Trump has a long history of naming things after himself, including Trump Tower, the Trump National Golf Club, the Trump Taj Mahal casino, Trump University, Trump Steaks, Trump Vodka, and Trump: The Game. But as he discovered last week, such self-promotion can be legally problematic when it requires congressional approval.</p>
<p>On Friday, a federal judge <a href="https://reason.com/2026/06/01/trump-broke-the-law-when-he-slapped-his-name-on-the-kennedy-center-a-federal-judge-says/">ruled</a> that Trump's appointees exceeded their statutory authority when they attached his name to the John F. Kennedy Center for the Performing Arts. The decision was the latest reminder of the president's tendency to trample the rule of law in his rush to glorify himself.</p>
<p>The Kennedy Center's Board of Trustees, which is chaired by Trump himself and stacked with his cronies, approved the name change on December 18, and it was immediately reflected in the lettering on the front of the building. The new name was also featured in the center's website, logo, and emails.</p>
<p>Not so fast, <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.50.0_1.pdf">said</a> U.S. District Judge Christopher Cooper: Congress had clearly established the Kennedy Center's name, and only Congress could change it. Trump was predictably perturbed by that assault on his vanity, <a href="https://truthsocial.com/@realDonaldTrump/posts/116659958155235373">saying</a>, "Judge Cooper should be ashamed of himself!"</p>
<p>The implication that Trump is familiar with the concept of shame seemed inconsistent with the conduct at issue in that case. And this was by no means the only time that Trump has courted controversy by using his position to quench his thirst for public adulation.</p>
<p>A couple of weeks before Trump slapped his name on the Kennedy Center, the State Department <a href="https://www.theguardian.com/us-news/2025/dec/04/institute-peace-renamed-donald-trump">announced</a> that the U.S. Institute of Peace, a think tank that Congress established in 1984, had been renamed to honor "the greatest dealmaker in our nation's history." That change, which likewise was reflected on the front of the building, was similarly hard to reconcile with federal law.</p>
<p>Trump also has <a href="https://www.navy.mil/Press-Office/Press-Releases/display-pressreleases/Article/4366856/president-trump-announces-new-battleship/">lent his name</a> to a new class of battleships. But unlike the Kennedy Center and the U.S. Institute of Peace, those vessels have not been built yet and may never be <a href="https://nationalinterest.org/blog/buzz/congress-planning-to-sink-trump-class-battleship-ps-053126">funded by Congress</a>.</p>
<p>The "Trump Gold Card" seems even iffier. That program, which Trump purported to <a href="https://www.whitehouse.gov/presidential-actions/2025/09/the-gold-card/">authorize</a> in September, is supposed to lure foreign investors by giving them permanent resident status in exchange for a "contribution" of $1 million to the U.S. Treasury. But because Congress has not approved any such program, the legal rationale for it requires <a href="https://www.aaup.org/sites/default/files/2026-02/AAUP_v_USDHS.pdf">rewriting</a> the statutory criteria for <a href="https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1">EB-1</a> and <a href="https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2">EB-2</a> visas, which hinge on qualifications distinct from sheer wealth.</p>
<p>The Trump administration nevertheless created a <a href="https://www.trumpcard.gov/">website</a> that offers a place in line to wealthy would-be immigrants who fork over a $15,000 "processing fee." But given the program's <a href="https://www.washingtonpost.com/politics/2026/05/10/trump-gold-card-visa-lawyers/">dubious legality</a>, that promise seems just as phony as the outsized mockup of the Trump Gold Card that the president <a href="https://www.cnn.com/2025/12/10/politics/trump-gold-card-1-million-dollar-visa">displayed</a> in the Oval Office last fall, which featured the Statue of Liberty, a bald eagle, a head shot of Trump, and his signature.</p>
<p>Trump's face and signature are also central elements of the "commemorative U.S. passports" that the State Department <a href="https://www.npr.org/2026/04/29/g-s1-119146/us-to-issue-passports-with-trumps-picture-for-americas-250th-birthday">plans</a> to start issuing soon, ostensibly in honor of the nation's 250th birthday. Trump's signature, but not his face, will appear on <a href="https://thehill.com/homenews/nexstar_media_wire/5813550-trumps-signature-is-coming-to-us-currency-what-could-that-look-like/">American currency</a> too, occupying the spot usually reserved for the U.S. treasurer—a revision that Treasury Secretary Scott Bessent <a href="https://thehill.com/homenews/5803421-trump-signature-us-currency/">describes</a> as a "powerful way to recognize the historic achievements of our great country and President Donald J. Trump."</p>
<p>Both of those tributes are unprecedented but legal. The same cannot be said of the <a href="https://reason.com/2026/05/29/trumps-proposed-250-bill-is-everything-the-founders-despised/">fanciful plan</a> to create a $250 bill featuring Trump's picture, which would violate federal law in two ways: by honoring a <a href="https://www.law.cornell.edu/uscode/text/31/5114">living person</a> and by creating a <a href="https://www.law.cornell.edu/uscode/text/12/418">new denomination</a>.</p>
<p>Last year, Rep. Joe Wilson (R–S.C.) introduced a <a href="https://www.congress.gov/bill/119th-congress/house-bill/1761/text">bill</a> that would have eliminated those obstacles and required the Treasury Department to "commemorate the semiquincentennial of the United States" by producing the Trump bills. But that legislation went nowhere, underlining a point that Trump already understood: Doing things the legal way is hard.</p>
<p><strong>© Copyright 2026 by Creators Syndicate Inc.</strong></p>
<p>The post <a href="https://reason.com/2026/06/03/trumps-self-promotion-is-always-shameless-and-sometimes-illegal/">Trump&#039;s Self-Promotion Is Always Shameless and Sometimes Illegal</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Samuel Corum/UPI/Jeremy Bigwood/Zuma Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump next to a photo of the Kennedy Center]]></media:description>
		<media:title><![CDATA[Trump-JFK-Center]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Bernie Sanders' AI Wealth Fund Bill Shows That He Doesn't Understand AI or Wealth			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/bernie-sanders-ai-wealth-fund-bill-shows-that-he-doesnt-understand-ai-or-wealth/" />
		<id>https://reason.com/?p=8385129</id>
		<updated>2026-06-02T21:49:24Z</updated>
		<published>2026-06-02T21:49:24Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Bernie Sanders" /><category scheme="https://reason.com/latest/" term="Corporate Taxes" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Taxes" />		<summary type="html"><![CDATA[Sanders' plan would impose a one-time tax of 50 percent of AI companies' stock and give the government voting shares and the power to block corporate decisions.]]></summary>
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		<p><span style="font-weight: 400">On Monday, in a </span><i><span style="font-weight: 400">New York Times</span></i><span style="font-weight: 400"> op-ed, Sen. Bernie Sanders (I–Vt.) </span><a href="https://www.nytimes.com/2026/06/01/opinion/artificial-intelligence-bernie-sanders.html"><span style="font-weight: 400">announced</span></a><span style="font-weight: 400"> plans to introduce the American A.I. Sovereign Wealth Fund Act "in the coming weeks." Sanders' bill would give Americans a "direct ownership stake" in the country's largest AI companies by creating "a sovereign wealth fund through a one-time 50 percent tax" of company stock.</span></p>
<p><span style="font-weight: 400">While specifics of the legislation haven't been shared, Sanders </span><a href="https://www.nytimes.com/2026/06/01/opinion/artificial-intelligence-bernie-sanders.html"><span style="font-weight: 400">says</span></a><span style="font-weight: 400"> the bill will "give the public a direct role in determining the future" of AI, rather than its use being "dictated by a handful of Big Tech oligarchs." Sanders' proposal would also allow the federal government to use its "voting shares and an equal representation on each company's board" to block decisions and policies it deems harmful.</span></p>
<p><span style="font-weight: 400">Sanders' plan builds on similar calls to action from </span><a href="https://thehill.com/opinion/technology/5853510-ai-tax-proposal-public-ownership/amp/"><span style="font-weight: 400">academics</span></a><span style="font-weight: 400"> and the leaders of </span><a href="https://cdn.openai.com/pdf/561e7512-253e-424b-9734-ef4098440601/Industrial%20Policy%20for%20the%20Intelligence%20Age.pdf"><span style="font-weight: 400">OpenAI</span></a><span style="font-weight: 400">, </span><a href="https://www.anthropic.com/research/economic-policy-responses"><span style="font-weight: 400">Anthropic</span></a><span style="font-weight: 400">, and </span><a href="https://x.com/elonmusk/status/2044990537145753894"><span style="font-weight: 400">xAI</span></a><span style="font-weight: 400">—three of the country's largest AI companies—advocating for a formalized process that provides Americans direct payments from the industry. President Donald Trump issued an </span><a href="https://www.whitehouse.gov/presidential-actions/2025/02/a-plan-for-establishing-a-united-states-sovereign-wealth-fund/"><span style="font-weight: 400">executive order</span></a><span style="font-weight: 400"> last February directing the secretaries of the Treasury Department and the Commerce Department, as well as the assistant to the president for economic policy, to "develop a plan" for a sovereign wealth fund and submit it to the president within 90 days.</span></p>
<p><span style="font-weight: 400">Details of this fund have yet to be released. The Treasury Department and the Commerce Department did not respond to </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">'s request for comment.</span></p>
<p><span style="font-weight: 400">To bolster his argument, Sanders cites Norway's Government Pension Fund Global and the Alaska Permanent Fund Corporation as examples worth following, though both of them are funded by revenue from oil and gas drilling, which Sanders vehemently opposes.</span></p>
<p><span style="font-weight: 400">Sanders' plan that a wealth fund should provide "direct payments to the American people" rests solely on the example of Alaska's permanent fund. In 1976, Alaska passed a </span><a href="https://ballotpedia.org/Alaska_Ballot_Proposition_2,_Permanent_Fund_Amendment_(1976)"><span style="font-weight: 400">constitutional amendment</span></a> <span style="font-weight: 400">and a subsequent series of laws guaranteeing a payout from the state's wealth fund to anyone who resides in the state for at least 12 months. Today, payouts from the </span><a href="https://apfc.org/reports/mid-fiscal-year-reviews/"><span style="font-weight: 400">$86 billion fund</span></a><span style="font-weight: 400"> fluctuate </span><a href="https://pfd.alaska.gov/Division-Info/summary-of-dividend-applications-payments"><span style="font-weight: 400">from year to year</span></a><span style="font-weight: 400"> as the government siphons money from it to bolster its coffers. Still, compared to a typical low-cost index fund, Alaska's wealth fund <a href="https://reason.com/wp-content/uploads/2026/06/2026Apri30-APFC-Monthly-Performance-Report-1.pdf">performs admirably</a>, but with much higher management fees, </span><a href="https://www.bankrate.com/investing/low-cost-index-funds-guide/#how-do-index-funds-work"><span style="font-weight: 400">according to</span></a><span style="font-weight: 400"> Bankrate data.</span></p>
<p><span style="font-weight: 400">Norway's fund, meanwhile, restricts its lawmakers from spending more than </span><a href="https://www.nbim.no/en/about-us/about-the-fund/"><span style="font-weight: 400">3 percent</span></a><span style="font-weight: 400"> of the fund annually, and the country has </span><a href="https://monocle.com/affairs/politics/norway-wealth-fund-spending/"><span style="font-weight: 400">struggled</span></a><span style="font-weight: 400"> to remain "apolitical" in its investments, as politicians and the public haggle over which initiatives and companies are ethical enough to fund.</span></p>
<p><span style="font-weight: 400">And while Sanders frames "tech oligarchs" as modern-day robber barons, he proposes an idea commonly used by real oligarchs and authoritarians across the world to prop up illiberal regimes, illegally funnel money, and wield unchecked power over their citizens.</span></p>
<p><span style="font-weight: 400">In Russia, President Vladimir Putin is </span><a href="https://united24media.com/war-in-ukraine/russias-war-chest-is-drying-up-how-sanctions-and-oil-prices-bite-into-the-national-wealth-fund-9599"><span style="font-weight: 400">draining</span></a><span style="font-weight: 400"> the country's National Wealth Fund for his war in Ukraine, against the advice of the nation's financial monitors. Iran uses its National Development Fund </span><a href="https://www.fincen.gov/system/files/advisory/2024-05-07/FinCEN-Advisory-Iran-Backed-TF-508C.pdf"><span style="font-weight: 400">to finance</span></a><span style="font-weight: 400"> terrorist groups such as Hezbollah, Hamas, and its shadow police force, while Saudi Arabia's wealth fund is regularly used to facilitate human rights abuses, </span><a href="https://www.business-humanrights.org/en/latest-news/saudi-arabia-public-investment-fund-facilitated-and-benefited-from-human-rights-abuses-finds-human-rights-watch-report/"><span style="font-weight: 400">according</span></a><span style="font-weight: 400"> to a 2024 report from Human Rights Watch. While it's unlikely that an American wealth fund would be used this<strong> </strong>nefariously, recent cases of fraud show it's not unreasonable to assume that an unappropriated pot of hundreds of billions<strong> </strong>of dollars could tempt officials.</span></p>
<p><span style="font-weight: 400">Sanders also appears to fundamentally misunderstand that AI is benefiting most Americans, not just the ultrarich. A </span><a href="https://about.fidelity.com/data-and-insights/q1-2026-retirement-analysis"><span style="font-weight: 400">retirement report</span></a><span style="font-weight: 400"> from Fidelity Investments found that through the first quarter of 2026, the average 401(k) account balance was up 11 percent from the previous year.</span></p>
<p><span style="font-weight: 400">It's also creating nonmaterial gains. AI detection tools can </span><a href="https://www.bcrf.org/blog/ai-breast-cancer-detection-screening/"><span style="font-weight: 400">identify breast cancer</span></a> <span style="font-weight: 400">earlier and more accurately, while </span><a href="https://www.sciencedirect.com/science/article/pii/S1071581925000461"><span style="font-weight: 400">bilingual conversational agents</span></a><span style="font-weight: 400"> have been shown to improve students' language and vocabulary at an early age. If every advancement in AI is subject to government approval, as Sanders proposes, it's unlikely that breakthroughs like these would be achieved at the pace and scale society demands.</span></p>
<p><span style="font-weight: 400">Thankfully, it's unlikely that the bill will pass. Still, Sanders' comfort in proposing the idea indicates that </span><a href="https://reason.com/2026/04/11/democrats-and-republicans-both-want-to-regulate-ai-they-just-cant-agree-on-how/"><span style="font-weight: 400">more lawmakers from both sides</span></a><span style="font-weight: 400"> of the aisle want to regulate and slow down a technology that, as Sanders </span><a href="https://www.nytimes.com/2026/06/01/opinion/artificial-intelligence-bernie-sanders.html"><span style="font-weight: 400">writes</span></a><span style="font-weight: 400">, could be "the most transformational technology in the history of the world."</span></p>
<p>The post <a href="https://reason.com/2026/06/02/bernie-sanders-ai-wealth-fund-bill-shows-that-he-doesnt-understand-ai-or-wealth/">Bernie Sanders&#039; AI Wealth Fund Bill Shows That He Doesn&#039;t Understand AI or Wealth</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: AltrendoImages/Envato/Samuel Corum/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Blue-tinted New York Stock Exchange in the background, AI company logos, and a yellow-tinted picture of Bernie Sanders in the foreground]]></media:description>
		<media:title><![CDATA[06.01.26-v1.2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Fewer Migrants, Fewer Homeless			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/fewer-migrants-fewer-homeless/" />
		<id>https://reason.com/?p=8385156</id>
		<updated>2026-06-02T21:11:48Z</updated>
		<published>2026-06-02T21:15:49Z</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="Immigration" /><category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Homelessness" />		<summary type="html"><![CDATA[The rare reported fall in the nation's homeless population is mostly the result of the ebbing migrant surge of 2023 and 2024.]]></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><span style="font-weight: 400;">This week's lead story covers the release of the federal government's latest homelessness survey, which reported a rare decline in the country's homeless population. That's welcome news that nevertheless looks a little less rosy when one examines the details.</span></p>
<p><code></code></p>
<p><span style="font-weight: 400;">Next up, the newsletter covers Daniel Grand, who is asking the Supreme Court to hear his First Amendment challenge to zoning laws that prevented him from hosting a Jewish prayer gathering in his own home.</span></p>
<hr />
<h1><b>The End of the Migrant Surge Leads to a Fall in Nationwide Homelessness </b></h1>
<p><span style="font-weight: 400;">There were <a href="https://www.hud.gov/news/hud-no-26-037">745,652 homeless people</a> in the country in 2025, according to the Department of Housing and Urban Development's (HUD) <a href="https://www.huduser.gov/portal/sites/default/files/pdf/2025-AHAR-Part-1.pdf">latest annual homelessness survey</a>. </span></p>
<p><span style="font-weight: 400;">That represents a rare decline of 3 percent in the homeless population from 2024, when there were 771,480 homeless people.</span></p>
<p><span style="font-weight: 400;">HUD's numbers come from the annual point-in-time count, conducted one night each January by state and local homeless service providers, during which volunteers go out and literally count the number of people sleeping on the streets and in shelters.</span></p>
<p><span style="font-weight: 400;">This year's reported 3 percent decline follows an unprecedented 18 percent spike in the homeless population in 2024.</span></p>
<p><span style="font-weight: 400;">That spike was <a href="https://reason.com/2024/12/31/unprecedented-rise-in-homelessness/">largely driven</a> by the influx of foreign migrants into big city shelter systems in places such as New York, Chicago, and Denver. Even by the time the 2024 numbers had been published, there were signs that the migrant surge was ebbing.</span></p>
<p><span style="font-weight: 400;">That's now reflected in the 2025 numbers. The report notes that New York and Illinois, the two states hit hardest by the migrant surge, saw the biggest declines in their homeless populations. </span></p>
<p><span style="font-weight: 400;">Collectively, the two states saw their homeless populations fall by roughly 24,000 people. That accounts for almost 90 percent of the national total fall in homelessness.</span></p>
<h2><strong>Cause for Pessimism</strong></h2>
<p><span style="font-weight: 400;">Any fall in the homeless population is welcome. That said, the </span><span style="font-weight: 400;">745,652 people who were counted as homeless in January 2025 are still pretty close to 2024's record high.</span></p>
<p><span style="font-weight: 400;">States reporting declines in the homeless population this year are also generally states that saw massive increases in their homeless populations over the last couple of decades. </span></p>
<p><span style="font-weight: 400;">For example, Massachusetts registered a 3.6 percent decline in its homeless population this year. But the state's homeless population is 87 percent larger than it was in 2007, according to the HUD report. During the same time, the state's overall population grew by </span><a href="https://fred.stlouisfed.org/data/MAPOP"><span style="font-weight: 400;">11 percent</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Not all states report long-term increases in homelessness. Florida's homeless population fell 11 percent from last year, and 42 percent since 2007. </span></p>
<p><span style="font-weight: 400;">In general, Southeastern states are reporting long-term declines in homelessness, while all Western states show serious long-term spikes in their homeless populations. </span></p>
<p><span style="font-weight: 400;">In other regions, such as the Midwest, Mid-Atlantic, and New England, the state-by-state numbers are mixed, with some states reporting long-term declines in homelessness and others reporting long-term increases.</span></p>
<p><span style="font-weight: 400;">The Trump administration has used the occasion of the report's release to tout <a href="https://reason.com/2025/07/29/one-big-beautiful-housing-supply-bill/">its own efforts to end</a> "housing first" homeless policies, which prioritize placing homeless people in permanent housing instead of emergency shelters.</span></p>
<p><span style="font-weight: 400;">"The data is clear that the status quo of 'housing first' has failed to meaningfully reduce homelessness, resulting in crisis levels of people living on the streets," </span><a href="https://www.hud.gov/news/hud-no-26-037">said</a> HUD Secretary Scott Turner in a statement. <span style="font-weight: 400;">"HUD is restoring its programs to advance recovery and self-sufficiency and to ensure that taxpayer-funded benefits serve American families."</span></p>
<h2><strong>Limits of the Point-in-Time Count</strong></h2>
<p><span style="font-weight: 400;">In general, it's wise not to draw too many global conclusions from the annual churn in the HUD-compiled homelessness numbers. </span></p>
<p><span style="font-weight: 400;">Some argue that sending out volunteers to literally count homeless people over a single night isn't a super rigorous methodology. There are also plenty of ways that the data can rise and fall that are specific to one state or particular to a short-term trend, and thus don't tell us much about the general trajectory of homelessness.</span></p>
<p><span style="font-weight: 400;">For instance, North Carolina registered a major increase in homelessness because its point-in-time count was performed in the immediate aftermath of Hurricane Helene.</span></p>
<p><span style="font-weight: 400;">Oregon, which had the largest numerical increase in its homeless population, performed its point-in-time count on a night with extremely cold weather. The HUD report says that this led to more of the unsheltered population moving into warming centers and thus more of those people getting counted in the survey.</span></p>
<p><span style="font-weight: 400;">Taking the long view of the data, which presumably smooth out some of these state-specific yearly spikes and falls and one-off migrant crises, the problem of homelessness is generally getting worse, not better.</span></p>
<hr />
<h1><b>Do You Have a Permit for That Prayer Gathering?</b></h1>
<p><span style="font-weight: 400;">Can a city use its zoning powers to stop someone from hosting prayer gatherings in their home?</span></p>
<p><span style="font-weight: 400;">That's one of the questions raised by a <a href="https://www.supremecourt.gov/DocketPDF/25/25-965/408582/20260511162721122_25-965%20Brief%20in%20Opposition.pdf">petition</a> submitted to the U.S. Supreme Court by Daniel Grand, who, in 2021, was threatened with fines and other legal penalties for inviting other Orthodox Jews in his neighborhood to come pray in his home in University Heights, Ohio.</span></p>
<p><span style="font-weight: 400;">University Heights <a href="https://adflegal.org/press-release/orthodox-jew-appeals-to-us-supreme-court-after-an-ohio-city-requires-he-obtain-permit-to-pray-in-his-home/">officials told Grand over</a> the phone and in a cease-and-desist letter that his planned gathering would illegally use his residentially zoned home as a "place of religious assembly."</span></p>
<p><span style="font-weight: 400;">He was told he'd be liable for legal sanction if he proceeded with his prayer meeting without first getting a special use permit from the city.</span></p>
<p><span style="font-weight: 400;">Grand's application for that permit provoked heated opposition from elected city officials and his neighbors, some of which was explicitly antisemitic. "I am not Jewish and I do not want our </span><span style="font-weight: 400;">neighborhood labeled as Jewish," <a href="https://www.supremecourt.gov/DocketPDF/25/25-965/409496/20260521132851973_Grand%20Cert%20Reply%20and%20Appendix.pdf">said one person</a> in a letter to the University Heights Planning Commission.</span></p>
<p><span style="font-weight: 400;">Per Grand's petition, police were ordered to surveil his house, and a code inspector visited his home in search of violations. After Grand withdrew his application under all this pressure, the University Heights mayor encouraged residents to report any religious assemblies held at Grand's house to the police.</span></p>
<h2><strong>Case History</strong></h2>
<p><span style="font-weight: 400;">Eventually, Grand sued University Heights and individual city officials in federal court for violating his First Amendment right to free exercise of religion as well as a federal law protecting religious land uses from zoning restrictions.</span></p>
<p><span style="font-weight: 400;">Both the district court and the 6th Circuit Court of Appeals dismissed Grand's case largely on the grounds of "ripeness." Both courts said they couldn't decide Grand's case so long as he still had the option of legalizing his prayer gatherings through the local zoning process.</span></p>
<p><span style="font-weight: 400;">In its <a href="https://www.supremecourt.gov/DocketPDF/25/25-965/408582/20260511162721122_25-965%20Brief%20in%20Opposition.pdf">own filing</a> urging the Supreme Court to reject Grand's petition, the city of University Heights similarly argued that Grand had voluntarily withdrawn his permit application, and the city had never imposed any actual penalties on him.</span></p>
<p><span style="font-weight: 400;">Any chilling effect Grand felt on his First Amendment rights was thus subjective and self-imposed, the city argues.</span></p>
<p><span style="font-weight: 400;">In a response filed earlier this May, lawyers with the Alliance Defending Freedom (ADF), which is representing Grand, argue that requiring him to get a permit to exercise his First Amendment rights within his own home is injury enough.</span></p>
<p><span style="font-weight: 400;">The ADF also </span><a href="https://adflegal.org/press-release/orthodox-jew-appeals-to-us-supreme-court-after-an-ohio-city-requires-he-obtain-permit-to-pray-in-his-home/"><span style="font-weight: 400;">notes on its webpage</span></a><span style="font-weight: 400;"> for the case that if Grand succeeded in getting his home zoned for religious assemblies, University Heights' zoning code would then prohibit him and his family from living on the property.</span></p>
<h2><strong>Yet Another Arbitrary Line</strong></h2>
<p><span style="font-weight: 400;">Many of the legal issues raised by Grand's petition are specifically about religious land uses and technical questions about when, in the zoning process, someone can sue their local government for a First Amendment violation.</span></p>
<p><span style="font-weight: 400;">His case does illustrate a more general problem with zoning restrictions. Zoning is often justified as a necessary means of regulating the neighborhood effects of land uses. More often than not, zoning arbitrarily restricts one activity while permitting another, despite them having the same impacts on surrounding properties.</span></p>
<p><span style="font-weight: 400;">As the ADF's latest Supreme Court filing <a href="https://www.supremecourt.gov/DocketPDF/25/25-965/409496/20260521132851973_Grand%20Cert%20Reply%20and%20Appendix.pdf">says</a>, "If Grand's next-door neighbor invited nine friends over for a weekly poker night or a Tupperware party, the City would not require a special permit to operate a 'casino' or 'storefront.'"</span></p>
<p><span style="font-weight: 400;">Grand's petition is pending before the Supreme Court, which has yet to make a final decision on whether to take it up or not.</span></p>
<hr />
<h1>Quick Links</h1>
<ul>
<li>San Francisco politicians <a href="https://missionlocal.org/2026/06/sf-stop-convenience-stores-tenderloin/">dream up</a> new zoning restrictions to stop corner stores from opening in the Tenderloin district. Those shop fronts should be <a href="https://x.com/bilalmahmood/status/2061824808539783410">toy stores instead</a>, they say.</li>
<li>A helpful <a href="https://www.youtube.com/watch?v=QQYMUMTI7fk&amp;t=1s">new video</a> from Pew explains the logic of moving chains.</li>
<li>The<em> New York Times </em>Editorial Board <a href="https://www.nytimes.com/2026/05/30/opinion/affordable-housing-lot-size-ballot-initiative.html">comes</a> out in favor of a Massachusetts ballot initiative that shrinks minimum lot sizes. It also criticizes a separate ballot initiative that would impose a statewide rent control regime. Read <em>Rent Free</em>'s past coverage of the two initiatives <a href="https://reason.com/2026/01/13/the-year-of-the-starter-home/">here</a> and <a href="https://reason.com/2025/12/30/unlearning-history/">here</a>.</li>
<li>Cleveland, Ohio, <a href="https://signalcleveland.org/cleveland-city-council-parking-rates-airbnb-rules-cudell-cvs/">cracks down</a> on short-term rentals.</li>
<li>Kevin Erdmann <a href="https://kevinerdmann.substack.com/p/build-to-rent-and-housing-supply">on build-to-rent</a>.</li>
</ul>
<p>The post <a href="https://reason.com/2026/06/02/fewer-migrants-fewer-homeless/">Fewer Migrants, Fewer Homeless</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Rod Lamkey - CNP/picture alliance / Consolidated News Photos/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Homeless encampment]]></media:description>
		<media:title><![CDATA[dpaphotossix070366]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>David Post</name>
							<uri>https://reason.com/people/david-post/</uri>
						<email>david.g.post@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Where Have All the Good Lawyers Gone?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/where-have-all-the-good-lawyers-gone/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385019</id>
		<updated>2026-06-02T21:12:09Z</updated>
		<published>2026-06-02T21:12:09Z</published>
					<summary type="html"><![CDATA[How did an immunity for Trump sneak into Slushfundgate?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/where-have-all-the-good-lawyers-gone/">
			<![CDATA[<p>I continue to find one small detail of the Slush Fund affair (Slushfundgate?) of particular interest.</p>
<p>As you may recall, our President's suit against the IRS was voluntarily dismissed on May 16.</p>
<p>Two days later, on May 18, the parties executed a "<a href="https://www.justice.gov/opa/media/1441201/dl?inline" target="_blank" rel="noopener">Settlement Agreement.</a>" In that Agreement, the DOJ* agrees to issue "a formal apology" to our President, and "the Attorney General of the United States agrees to create the [$1.776 billion] Anti-Weaponization Fund, subject to the terms and conditions described herein."</p>
<blockquote><p>*The "Settlement Agreement" was signed "for the United States" by Associate Attorney General Stanley Woodward. The DOJ was, presumably, acting in its capacity as counsel to the defendant (I.R.S.).</p>
<p>Daniel Z. Epstein, counsel to the Plaintiffs (our President, his two sons, and the Trump Organization), is the other signatory.</p></blockquote>
<p>In exchange for all that (the apology and the Fund), Trump and the other Plaintiffs agree to:</p>
<blockquote><p>RELEASE, WAIVE, ACQUIT, and FOREVER DISCHARGE Defendants [the I.R.S.] and the United States from, and are hereby <strong>FOREVER BARRED</strong> and PRECLUDED <strong>from prosecuting or pursuing, any and all claims</strong>, charges, counterclaims, causes of action, appeals, or requests for any relief, including injunctive, monetary, damages, tax payments, debt relief, costs, attorney's fees, expenses, and/or interest, <strong>that</strong> - as of the Effective Date - <strong>have been or could have been asserted by Plaintiffs in the Case</strong> or the Pending Agency Claims, by reason of, with respect to, in connection with, or which arise out of, matters in the Case or the Pending Agency Claims. [Emphasis added]</p></blockquote>
<p>Curious, no?  On several grounds.</p>
<p>First: Trump releases all his claims against the IRS? That doesn't sound like Trump.  Given that the whole undertaking is patently a sham - Trump "settling" with Trump -- why would Trump give away anything at all? Just to make it look like there's an actual "exchange" taking place?</p>
<p>And while it might look as though Trump is giving the "other side" something of value, he isn't.  Two days <strong><em>before</em> </strong>the "Settlement Agreement" was executed, his claim was dismissed, at his request, <strong><em>with prejudice.</em></strong> So when he sits down to "negotiate" his "Settlement Agreement" on May 18th, sitting across the table from his reflection in the mirror, he's already barred from ever raising those claims again.  So his "waiver" is entirely redundant and meaningless.</p>
<p>And notice: the "Settlement Agreement" doesn't make any reference at all to the dismissal of Trump's claims. That's also a little odd. Ordinarily, when parties agree to settle ongoing litigation, their Settlement Agreement will say something like:</p>
<blockquote><p>"Plaintiff promises to voluntarily dismiss his claims against the Defendant, in exhange for the Defendant's promise to [do something, or pay something]."</p></blockquote>
<p>The withdrawal of Plaintiff's claim is a big part of the consideration flowing between the parties, which is what makes the Settlement Agreement an enforceable contract; the parties are exchanging things of value.</p>
<p>Not so, here. Trump can't promise to drop his claims against the IRS, <strong>because he's already dropped them.</strong></p>
<p>And notice: in the "Settlement Agreement," Trump waives any claims <strong>he</strong> might have against the IRS. It does <strong><em>not</em> </strong>say that <strong>the IRS</strong> waives any claims <strong>it</strong> may have against Trump.</p>
<p>But the very next day (May 19th), <a href="https://www.justice.gov/opa/media/1441216/dl" target="_blank" rel="noopener">this curious document</a> appeared on the DOJ website. It simply states, with absolutely no additional explanation, that</p>
<blockquote><p>The <strong>United States</strong> RELEASES, WAIVES, ACQUITS, and FOREVER DISCHARGES <strong>each of the Plaintiffs</strong> from, and is hereby <strong>FOREVER BARRED</strong> and PRECLUDED <strong>from prosecuting or pursuing, any and all claims</strong>, charges, counterclaims, causes of action, appeals, or requests for any relief, including injunctive, monetary, damages, tax payments, debt relief, costs, attorney's fees, expenses, and/or interest, <strong>that</strong> - as of the Effective Date - <strong>have been or could have been asserted by the Defendants (i.e., the IRS) against any of the Plaintiffs or related or affiliated individuals . . . </strong>[Emphasis added].</p></blockquote>
<p>This document - untitled, and with nothing at all of substance other than this waiver - was signed by (a presumably shame-faced and embarrassed) Acting Attorney General Todd Blanche.</p>
<p>Did Blanche just forget to have this clause included in the "Settlement Agreement"?! There's no additional consideration coming from the Plaintiffs in exchange for this waiver of the potential United States claims; so its either just a little gift ("From the People of the United States, in Recognition of Your Brilliant Leadership!!!!"), or it was supposed to be included in the Settlement Agreement but was inexplicably left out.</p>
<p>And that would constitute incompetence of truly monumental proportions. Did the Acting Attorney General not read the (two-page!) Settlement Agreement between the sitting President (for whom he works) and the IRS? Or he did read it over, and fail to notice that the immunity he thought was going to be in there for the President was missing? Is it really possible?</p>
<p>Sure looks that way, doesn't it?</p>
<p>Here's how I think it all went down.  During the negotiation sessions over the "Settlement Agreement," where the hard bargaining between Trump and Trump was taking place, Trump turned to Todd Blanche, who was there as counsel to the IRS and to the President, and said:</p>
<blockquote><p>"Draft up a Settlement Agreement - and don't forget to put in that waiver!!"</p></blockquote>
<p>Blanche turns to his deputy, Stanley Woodward - remember, it was Woodward who actually signed the "Settlement Agreement" on behalf of the United States - and said:</p>
<blockquote><p>"Woodward, draft up the Settlement Agreement. And don't forget to put in that waiver!!"</p></blockquote>
<p>And Woodward thinks to himself:</p>
<blockquote><p>"What waiver?"</p></blockquote>
<p>He figures they must be referring to a waiver <strong>by Trump</strong> for all claims that Trump may have against the IRS. After all, one would expect a Settlement Agreement to contain a waiver running in that direction, one where Plaintiffs promise to drop their claims and not to sue the Defendants as part of the overall settlementy deal. He inserts such a clause into the Settlement Agreement.</p>
<p>Astonishingly, nobody notices the omission until the day <strong><em>after</em></strong> the Settlement Agreement is signed.</p>
<p>Keystone Kops lawyering at its best, or worst.</p>
<p>Today's NY Times happens to have an article about the exodus of lawyers from the federal government. ["<a href="https://www.nytimes.com/2026/05/31/us/politics/trump-administration-exodus-of-lawyers.html?unlocked_article_code=1.nFA.F8jU.QKNQslch8xAp&amp;smid=url-share" target="_blank" rel="noopener">Trump Administration Sees Striking Exodus of Legal Talent</a>"] DOJ has lost 21 percent of its lawyers in a little over a year.  <a href="https://abovethelaw.com/2026/06/10000-federal-lawyers-are-gone-and-trumps-response-basically-confirms-why-they-left/?utm_campaign=Above%20the%20Law%20Daily&amp;utm_medium=email&amp;_hsenc=p2ANqtz-8oyrIKY61LR7wdh0yxmnrcIibffsqOh-QBq6pCXDNjxdsJ7o_-V3ytuBrLhU2nzVFarh75ttsK2IyNTM5ZX9hRQ2SPTw&amp;_hsmi=421775929&amp;utm_content=421775929&amp;utm_source=hs_email" target="_blank" rel="noopener">AbovetheLaw.com has been reporting on this</a> for a while, and the evidence is indeed starting to accumulate that the quality of lawyering out on the front lines is declining.</p>
<p>Not to worry, though.  Our President <a href="https://truthsocial.com/@realDonaldTrump/posts/116671034709432638" target="_blank" rel="noopener">reassures us</a>:</p>
<blockquote><p>The New York Times wrote a story today entitled, 'Trump Administration Sees Striking Exodus of Legal Talent,' as though that's a bad thing, when actually, it's very good. The people that are leaving are Radical Left Deep State Lunatics, who are destroying our Country, and Weaponizing Government. Many of them didn't leave, but were fired! The Failing New York Times writes this, but makes it sound like it's a terrible thing when actually, it's just the opposite. We want people that will, MAKE AMERICA GREAT AGAIN, not people that are trying to destroy our Country, that were put in by Obama and Biden and, in many cases, they shouldn't have been representing the U.S.A. in the first place."</p></blockquote>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/where-have-all-the-good-lawyers-gone/">Where Have All the Good Lawyers Gone?</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[
				Cutting Tariffs on Farm Equipment Is Another Admission That Trump's Trade Policies Are Increasing Prices			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/cutting-tariffs-on-farm-equipment-is-another-admission-that-trumps-trade-policies-are-increasing-prices/" />
		<id>https://reason.com/?p=8385043</id>
		<updated>2026-06-02T20:03:30Z</updated>
		<published>2026-06-02T20:20:01Z</published>
			<category scheme="https://reason.com/latest/" term="Economics" /><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 Trade" /><category scheme="https://reason.com/latest/" term="Imports" /><category scheme="https://reason.com/latest/" term="steel industry" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Even as the White House backs away from its foolish tariff plans, the Trump administration keeps revealing why it should never have had these powers in the first place.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/02/cutting-tariffs-on-farm-equipment-is-another-admission-that-trumps-trade-policies-are-increasing-prices/">
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		<p>President Donald Trump and some of his top advisers have routinely insisted that the administration's new, higher tariffs would not burden American consumers <a href="https://x.com/acyn/status/1832508262316699871?s=46">because</a> <a href="https://x.com/acyn/status/1827139464906600538?s=46">foreign governments</a> or <a href="https://www.cnn.com/2025/05/19/business/trump-tariffs-price-consumers">corporations</a> would pay for those tax increases.</p>
<p>But with inflation rising and consumers (and voters) increasingly grumpy about the cost of living, the White House has turned to a telling strategy: cutting tariffs to make some products less expensive.</p>
<p>On Monday, the White House issued <a href="https://www.whitehouse.gov/presidential-actions/2026/06/further-adjusting-the-tariff-regimes-for-imports-of-aluminum-steel-and-copper-into-the-united-states/">a presidential proclamation</a> reducing tariffs on a wide range of agricultural and industrial equipment, including tractors, forklifts, and air conditioning equipment. Those imports will now be subject to a tariff of 15 percent rather than 25 percent, Trump <a href="https://www.whitehouse.gov/fact-sheets/2026/06/fact-sheet-president-donald-j-trump-updates-tariffs-on-steel-aluminum-and-copper-imports/">announced</a>.</p>
<p>The same <a href="https://www.whitehouse.gov/presidential-actions/2026/06/further-adjusting-the-tariff-regimes-for-imports-of-aluminum-steel-and-copper-into-the-united-states/">announcement</a> also rolls back one of the <a href="https://reason.com/2025/08/20/trumps-steel-tariffs-now-apply-to-milk-and-hundreds-of-other-products-that-arent-steel/">more insane aspects</a> of Trump's tariff regime: a rule implemented last year that would apply tariffs on raw steel and aluminum to imported products made from steel or aluminum. Under the new terms Trump announced on Monday, some "derivative" steel, aluminum, and copper products will be subject to a tariff of 10 percent instead of 25 percent.</p>
<p>Of course, the White House is not calling this a retreat or a necessary response to the entirely predictable consequences of its own policies. No, no. This is a move that will "more effectively address national security threats, spur investment in American agriculture, housing, and manufacturing, and facilitate U.S. production of related products," according to the Trump administration.</p>
<p>In reality, this is yet another admission that tariffs are raising prices. In April, the Trump administration cut the tariffs on steel, aluminum, and copper imports from 50 percent to 25 percent. The president has also been quietly reducing or eliminating tariffs on <a href="https://www.bbc.com/news/articles/cdjr4xw83eko">agricultural products</a> such as <a href="https://www.wsj.com/economy/trade/trump-implements-major-rollback-of-food-tariffs-f575c75d?mod=article_inline">beef, coffee, and fruit</a>.</p>
<p>The administration has also backed off from previously announced plans to raise tariffs. In January, <a href="https://reason.com/2025/10/16/trumps-new-tariffs-on-furniture-will-be-costly-and-americans-will-pay/">a planned tariff hike on furniture</a>, cabinets, and other lumber products <a href="https://www.wsj.com/economy/trade/trump-rolls-back-tariffs-on-furniture-and-kitchen-cabinets-a1beddd5?mod=article_inline">was postponed</a> and has seemingly been forgotten.</p>
<p>An optimist might look at this pattern of behavior and conclude that the Trump administration has realized the folly of its maximalist tariff strategy. After winning an election on the promise of lowering prices, the Trump administration's signature second-term policy has been a series of deliberate and significant tax increases that are costing the average household thousands of dollars annually. Even in an administration that excels at crafting its own version of reality, that was eventually going to be a problem.</p>
<p>But I'm not sure I buy the sunniest interpretation here.</p>
<p>For one, if the administration were serious about providing tariff relief to Americans, why cut the tariffs on farm equipment and air conditioners from 25 percent to 15 percent? There are a lot of numbers lower than 15. That new tariff rate is just another arbitrary figure plucked out of thin air.</p>
<p>In fact, the new proclamation only serves to underline how ridiculous this entire exercise has become. Take this line as an <a href="https://www.whitehouse.gov/presidential-actions/2026/06/further-adjusting-the-tariff-regimes-for-imports-of-aluminum-steel-and-copper-into-the-united-states/">example</a> (emphasis mine):</p>
<blockquote><p>I determine that it is appropriate to modify the threshold for imported products to qualify as made "entirely" from American aluminum, steel, or copper, as that term is used in Proclamation 11021. <strong>The current threshold of 95 percent shall be modified to 85 percent</strong>. In my judgment, this modification will incentivize increased use of American aluminum, steel, and copper in downstream derivative products.</p></blockquote>
<p>The doublespeak is kind of astonishing. Trump is announcing a policy that lowers the threshold for what counts as an "American-made" metal product (so more goods can be imported without tariffs) while claiming this will incentivize more American-made production.</p>
<p>Cynically, I assume this is setting the stage for the White House to blast out some charts in a few months showing growth in "American-made" metal products, allegedly due to the tariffs—when in reality, all that's changed is what products are being counted in that category.</p>
<p>More to the point: All this monkeying around with the tariff rates and import thresholds is only adding to the complexity and uncertainty that the White House has created. Some of the changes Trump <a href="https://www.whitehouse.gov/presidential-actions/2026/06/further-adjusting-the-tariff-regimes-for-imports-of-aluminum-steel-and-copper-into-the-united-states/">announced</a> on Monday are meant to "adjust" policies announced in "Proclamation 11021," <a href="https://www.whitehouse.gov/presidential-actions/2026/04/strengthening-actions-taken-to-adjust-imports-of-aluminum-steel-and-copper-into-the-united-states/">which was issued on April 2</a>—just two months ago.</p>
<p>Given this administration's track record, it seems likely that further adjustments will be made in the next few months. That makes it impossible for business owners to plan for the future. If you'd waited a few months, that new tractor might have only been taxed at 15 percent instead of 25 percent. If you can wait a little longer, maybe it will be taxed even less.</p>
<p>This all points back to why Congress, not the president, is supposed to be responsible for setting tariffs and trade policy. The deliberative legislative process would have prevented many of these tariffs—tariffs that the White House is now scrambling to roll back—from being implemented in the first place. And it would have provided some stability and certainty for businesses that currently have no idea what tariffs might be increased or reduced next week or the week after that.</p>
<p>Even as the White House backs away from its foolish tariff plans, the Trump administration keeps revealing why it should never have had these powers in the first place.</p>
<p>The post <a href="https://reason.com/2026/06/02/cutting-tariffs-on-farm-equipment-is-another-admission-that-trumps-trade-policies-are-increasing-prices/">Cutting Tariffs on Farm Equipment Is Another Admission That Trump&#039;s Trade Policies Are Increasing Prices</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[06.02.26-v1]]></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[
				Trump Is Reportedly Reconsidering His Politically and Legally Contentious 'Anti-Weaponization Fund'			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/trump-is-reportedly-reconsidering-his-politically-and-legally-contentious-anti-weaponization-fund/" />
		<id>https://reason.com/?p=8385062</id>
		<updated>2026-06-02T23:02:16Z</updated>
		<published>2026-06-02T20:05:53Z</published>
			<category scheme="https://reason.com/latest/" term="Legal Ethics" /><category scheme="https://reason.com/latest/" term="Attorney General" /><category scheme="https://reason.com/latest/" term="Capitol Riot" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Department of Justice" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Fraud" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="IRS" /><category scheme="https://reason.com/latest/" term="Litigation" /><category scheme="https://reason.com/latest/" term="Senate" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The Justice Department signals a retreat from defending the blatantly corrupt scheme, which provoked vigorous objections from Republican lawmakers.]]></summary>
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		<p>President Donald Trump reportedly is <a href="https://www.nytimes.com/2026/06/01/us/politics/trump-drop-weaponization-fund.html">reconsidering</a> the $1.8 billion "Anti-Weaponization Fund" described in his May 18 <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">settlement agreement</a> with the IRS, which was designed to compensate people who claim they were targeted by the Biden administration for "improper and unlawful political, personal, and/or ideological reasons." That <a href="https://www.newsweek.com/donald-trumps-irs-lawsuit-threatens-justice-system-11475643">brazenly corrupt scheme</a>, which provoked <a href="https://reason.com/2026/05/27/even-republicans-are-rebelling-at-trumps-blatantly-corrupt-anti-weaponization-fund/">vigorous objections</a> from Republican legislators and ran into <a href="https://reason.com/2026/06/01/trumps-corrupt-settlement-with-the-irs-hits-two-judicial-roadblocks/">two judicial roadblocks</a> last week, "has become a distraction," an unnamed administration official <a href="https://www.axios.com/2026/06/01/trump-weaponization-fund-drop">told</a> <em>Axios</em>.</p>
<p>Although "the president believes government was weaponized against people," that official added, "this isn't the time and vehicle" for addressing those grievances. In other words, doling out taxpayer money to Trump's allies under the pretext of a lawsuit that pitted the president against agencies he oversees turned out to be unexpectedly controversial. It's a mystery why Acting Attorney General Todd Blanche ever thought that plan was a good idea.</p>
<p>Trump <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">sued</a> the IRS and the Treasury Department in January, preposterously alleging that an IRS contractor's illegal leaking of his tax returns had caused "at least" $10 billion in damages. In addition to offering an improbable estimate of the injury he had suffered, Trump missed the <a href="https://www.law.cornell.edu/uscode/text/26/7431">statutory deadline</a> for filing such claims. And although he argued that the IRS had failed to properly oversee its contractors, it was not clear whether the agency could be held liable for the crimes of someone it did not employ. But the Justice Department, which was charged with representing the IRS in court, never bothered to mount a defense.</p>
<p>That failure underlined the blatant conflicts of interest created by the case, both sides of which were represented by lawyers who work for Trump. "I'm supposed to work out a settlement with myself," Trump <a href="https://www.newsweek.com/donald-trumps-irs-lawsuit-threatens-justice-system-11475643" data-mrf-link="https://www.newsweek.com/donald-trumps-irs-lawsuit-threatens-justice-system-11475643">acknowledged</a> a few days after filing the lawsuit.</p>
<p>That bizarre situation prompted Kathleen Williams, the federal judge overseeing the case in the Southern District of Florida, to <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0_2.pdf">question</a> whether it involved a genuine controversy between adverse parties, as required for the lawsuit to proceed. Williams ordered briefing on that issue by May 20. The Justice Department dodged that order by announcing the settlement, which Williams never had a chance to review, two days before the deadline.</p>
<p>Blanche "did not want the Justice Department to go into court and fight the suit, as it normally would, but also did not want to settle it by paying Mr. Trump directly," <em>The New York Times</em> <a href="https://www.nytimes.com/2026/05/30/us/politics/trump-irs-lawsuit-deal.html">reports</a>. Blanche reportedly thought "ending the case by funneling taxpayer money straight to the president" would be "politically untenable." But if Blanche was trying to avoid a political backlash, he failed abysmally.</p>
<p>The result of Trump's admitted self-dealing was not pretty. The settlement agreement <a href="https://www.documentcloud.org/documents/28132616-sdfl-settlement-signed/">described</a> the Anti-Weaponization Fund, which had nothing to do with Trump's claims against the IRS, as a response to abuses of "government power" by "Democrat <span dir="ltr" role="presentation">elected </span><span dir="ltr" role="presentation">officials, </span><span dir="ltr" role="presentation">political </span><span dir="ltr" role="presentation">and </span><span dir="ltr" role="presentation">career </span><span dir="ltr" role="presentation">federal </span><span dir="ltr" role="presentation">employees, </span><span dir="ltr" role="presentation">contractors, </span><span dir="ltr" role="presentation">and </span><span dir="ltr" role="presentation">agents." It said the attorney general would appoint the five board members charged with doling out the money, all of whom would serve at the president's pleasure. The board would "determine its own procedures," which it could reveal or keep secret "in its discretion." Its decisions would be recorded in a "confidential written report" to the attorney general. And it would "cease processing claims" by December 1, 2028, a month and a half before Trump leaves office.</span></p>
<p>Although the Justice Department <a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund" data-mrf-link="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund">said</a> "there are no partisan requirements to file a claim," Trump's description of the fund belied that assurance. "I am helping others, who were so badly abused by an evil, corrupt, and weaponized Biden Administration, receive, at long last, JUSTICE!" he <a href="https://truthsocial.com/@realDonaldTrump/posts/116618545735076530" data-mrf-link="https://truthsocial.com/@realDonaldTrump/posts/116618545735076530">explained</a>. Those "others" presumably included the 1,600 or so Capitol rioters whom Trump <a href="https://reason.com/2025/01/21/trumps-blanket-clemency-for-capitol-rioters-excuses-political-violence/">pardoned</a> on the first day of his second term, since he had repeatedly portrayed them as victims of politically motivated government persecution.</p>
<p>Trump, who initially <a href="https://www.c-span.org/program/white-house-event/president-trump-on-election-and-breach-of-the-us-capitol/587379">described</a> the riot as "a heinous attack on the United States Capitol," has <a href="https://www.nytimes.com/2025/01/05/us/politics/january-6-capitol-riot-trump.html">changed his mind</a> so completely that he apparently did not anticipate how Republican legislators might react to the idea of rewarding the people who invaded their workplace that day. The prospect that the fund "could potentially compensate someone who assaulted a police officer" is "absurd," Sen. Thom Tillis (R–N.C.) <a href="https://www.reuters.com/world/us/republican-defiance-over-anti-weaponization-fund-sets-up-confrontation-with-2026-05-23/" data-mrf-link="https://www.reuters.com/world/us/republican-defiance-over-anti-weaponization-fund-sets-up-confrontation-with-2026-05-23/">remarked</a> after the settlement was announced. Sen. Mitch McConnell (R–Ky.) likewise <a href="https://thehill.com/homenews/house/5892196-senate-house-republican-tension-anti-weaponization-fund/" data-mrf-link="https://thehill.com/homenews/house/5892196-senate-house-republican-tension-anti-weaponization-fund/">said</a> "a slush fund to pay people who assault cops" was "utterly stupid" and "morally wrong."</p>
<p>While Tillis and McConnell are more inclined to publicly criticize Trump than most of their Republican colleagues, they were by no means alone in expressing dismay at that "slush fund." About 45 Republican senators attended a May 21 meeting where Blanche tried to defend the arrangement, Sen. Ted Cruz (R–Texas) <a href="https://www.nbcnews.com/politics/congress/ted-cruz-senators-screaming-todd-blanche-trump-anti-weaponization-fund-rcna346599">reported</a>, and "at least half of them were blasting the attorney general. They were pissed."</p>
<p>Eight days later, Williams, who <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.62.0_6.pdf" data-mrf-link="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.62.0_6.pdf">closed</a> Trump's case on May 18 after he <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.52.0_6.pdf" data-mrf-link="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.52.0_6.pdf">dropped</a> his lawsuit, <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf" data-mrf-link="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf">ordered</a> briefing on the question of whether the settlement was "a product of collusion" and "a fraud on the Court." She said she was responding to "grievous allegations" by 35 former federal judges who had <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.63.0.pdf">urged</a> her to reopen the case.</p>
<p>Those former judges, who had been appointed by presidents of both major parties, argued that Trump "voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that 'was collusive from the start' and was only filed to provide the imprimatur of legality for an unlawful settlement," Williams noted. Although Trump's claims "were 'clearly untimely' and therefore untenable," they said, the government's lawyers did not even try to defend against them, "despite their active opposition to nearly identical claims in other litigation."</p>
<p>The former judges also highlighted a "three-paragraph addendum" that Blanche <a href="https://www.justice.gov/opa/media/1441216/dl">revealed</a> on May 19, which they said provided "extraordinary benefits" to Trump. That "extremely broad provision," they noted, shielded Trump and the two sons who joined the lawsuit from civil or criminal liability for any tax violations or other federal offenses they might have committed prior to the agreement.</p>
<p>Williams ordered the government to file a response to these allegations by June 15. She said the brief should address "the charges of collusion and whether the Parties are<br />
truly adverse," "the assertion that the dismissal in this case was premised on deception<br />
by the Parties," and "the question of whether the case should be reopened because the<br />
Court was the 'victim of a fraud.'"</p>
<p>That same day, in response to a <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.1.0_1.pdf">lawsuit</a> challenging the Anti-Weaponization Fund, a federal judge in Virginia temporarily barred the Justice Department from taking any further steps to implement the plan. U.S. District Judge Leonie Brinkema <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.31.0.pdf">ordered</a> the government to file a response to the lawsuit by this Friday.</p>
<p>After Brinkema issued that order, the Justice Department <a href="https://www.politico.com/news/2026/05/29/trump-weaponization-fund-blocked-00942265">said</a> it "remains extremely confident in the legality of the Anti-Weaponization Fund," adding, "We will not allow the policy preferences of judges to interfere with our efforts to provide restitution to victims of lawfare." In an <a href="https://x.com/TheJusticeDept/status/2061531380735951193?s=20">X post</a> on Monday, the Justice Department reiterated that it "disagrees strongly" with Brinkema's order. It said the Anti-Weaponization Fund aimed to "make up for the tremendous abuse, harm, and hate unfairly shown to so many people." It added that the fund "was open to anybody who was so weaponized, targeted, or persecuted, whether they were Democrat, Republican, Conservative, Independent, or otherwise."</p>
<p>Again, that assurance of political neutrality was hard to believe, since Trump, who would have total control over the fund's overseers, has described the intended beneficiaries as victims of "an evil, corrupt, and weaponized Biden Administration." But the past tense—"<em>was</em> open"—seemed telling. So did the last sentence of that post: "The Department will abide by the Court's ruling."</p>
<p>Since compliance with a court order is not optional, that statement seemed like a signal that the Trump administration did not plan to continue defending the Anti-Weaponization Fund, especially since the Justice Department said nothing about doing so. "A White House official said the statement was the first step toward dropping the fund," <em>The Wall Street Journal</em> <a href="https://www.wsj.com/politics/policy/trump-administration-signals-retreat-on-anti-weaponization-fund-after-blowback-90112e3c">reports</a>. "But the official cautioned that President Trump could change his mind. GOP lawmakers said late Monday that they wanted a clear statement from the president before they would be satisfied."</p>
<p><strong>Update: </strong>"We're not moving forward with the fund, period," Blanche <a href="https://www.nytimes.com/live/2026/06/02/us/trump-administration-news?campaign_id=60&amp;emc=edit_na_20260602&amp;instance_id=176567&amp;nl=breaking-news&amp;regi_id=21419405&amp;segment_id=220858&amp;user_id=45fa07a0e6ffd262438a1fa1c83c89c1#todd-blanche-house-hearing">told</a> a House appropriations subcommittee on Tuesday, although he said he was "not committing to put anything in writing." He added that Trump's sweeping immunity deal would remain in place, saying, "Nothing has changed with that."</p>
<p>The post <a href="https://reason.com/2026/06/02/trump-is-reportedly-reconsidering-his-politically-and-legally-contentious-anti-weaponization-fund/">Trump Is Reportedly Reconsidering His Politically and Legally Contentious &#039;Anti-Weaponization Fund&#039;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Traffic cones standing between President Donald Trump and a pile of money]]></media:description>
		<media:title><![CDATA[Trump-Anti-Weaponization-Fund-6-2-26-A]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Trump-Anti-Weaponization-Fund-6-2-26-A-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				The Cigar Lounge That Bureaucracy Almost Killed			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/the-cigar-lounge-that-bureaucracy-almost-killed/" />
		<id>https://reason.com/?p=8385111</id>
		<updated>2026-06-03T00:34:37Z</updated>
		<published>2026-06-02T19:48:45Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Consumer Freedom" /><category scheme="https://reason.com/latest/" term="Entrepreneurship" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Small Business" /><category scheme="https://reason.com/latest/" term="Tobacco" /><category scheme="https://reason.com/latest/" term="Virginia" />		<summary type="html"><![CDATA[In Roanoke, Virginia, one entrepreneur’s dream ran into permit rules, taxes, Prohibition-era alcohol rules, and a city order to spend $10,000 on a “historic” dry-cleaning sign.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/02/the-cigar-lounge-that-bureaucracy-almost-killed/">
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					style="max-width: 100%; height: auto"
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										alt="A window storefront for Bison Head Cigar &amp; Lounge | Jimmy Lewis"
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		</div>
		<p><span style="font-weight: 400;">Jimmy Lewis had dreamt of opening his own cigar lounge since college, when he noticed a gap in the Virginia market: People were driving over an hour from Roanoke to Lynchburg just to buy cigars and sit in a proper lounge. Roanoke, he thought, might have enough cigar lovers to support a lounge of its own.</span></p> <p><span style="font-weight: 400;">So, a decade later, Lewis took an enormous risk by moving his family there<strong> </strong>and trying to turn his dream into reality.</span></p> <p><span style="font-weight: 400;">That dream became the Bison Head Cigar &amp; Lounge in downtown Roanoke. The lounge is comfortable, unpretentious, and full of easy conversation. It is the kind of place where strangers can sit next to each other, light up, and find that the only thing they have in common is "a bundle of rolled-up leaves," Lewis tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">That, he says, is part of the magic. "I have no idea how many people I've seen walk into cigar lounges alone, sit next to somebody they've never met, and they end up becoming the best of friends."</span></p> <p><span style="font-weight: 400;">But Lewis' dream almost did not come true. Starting a small business from scratch is tough, and the countless regulatory hoops the city and state made him jump through made it even tougher.</span></p> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">How difficult is it to open a cigar lounge in America? <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f1fa-1f1f8.png" alt="🇺🇸" class="wp-smiley" style="height: 1em; max-height: 1em;" /> </p> <p>Meet Jimmy. He owns Bison Head Cigar Lounge in Roanoke.</p> <p>Taxes, regulations, alcohol laws&hellip; the Government makes starting a business so much more difficult.</p> <p>Behind every small business is a person who refused to quit! <a href="https://t.co/tyMY4wy5Qb">pic.twitter.com/tyMY4wy5Qb</a></p> <p>&mdash; Reem Ibrahim (@ReemAmirIbrahim) <a href="https://x.com/ReemAmirIbrahim/status/2053904873595261379?ref_src=twsrc%5Etfw">May 11, 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;">As of 2023, the Virginia Administrative Code contains 145,818 restrictions and over 8 million words, making Virginia the 16th-most-regulated state in the country, </span><a href="https://www.mercatus.org/regsnapshots24/virginia"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the Mercatus Center. Combined with the Code of Federal Regulations, the state imposes over 1.2 million regulations.</span></p> <p><span style="font-weight: 400;">For someone trying to turn a great idea into an actual business, those seemingly abstract numbers are a demoralizing reality. Lewis and his business partner began seriously planning the cigar lounge in 2022. They wrote a business plan, built profit-and-loss spreadsheets, chose furniture, and planned "exactly the way we would want a cigar lounge to be." Lewis moved to Roanoke in September 2024, signed the lease in March 2025, invested his life's savings, and hoped to be open within 60 to 90 days.</span></p> <p><span style="font-weight: 400;">Instead, they faced delays and restrictions from the slow, grinding machinery of local government. "The first big step was getting the building permit," Lewis says, "so that we can build in our space legally and with the approval of the city." It took around two months to get permission to build the humidor, which he says is "essentially&hellip;a gigantic walk-in closet."</span></p> <p><span style="font-weight: 400;">While his generous landlord spared Lewis from having to pay rent as he waited for city approval to open his shop, the lounge could not avoid one of the city's more obscure rules involving signs. Under Roanoke law, businesses </span><a href="https://www.roanokeva.gov/1419/Permanent-Sign"><span style="font-weight: 400;">must submit</span></a><span style="font-weight: 400;"> a permanent sign permit application, and if the sign is in a historic district—which Bison Head is—a Certificate of Appropriateness is also required.</span></p> <p><span style="font-weight: 400;">Before Bison Head moved in, the building had been a dry cleaner that displayed an old, broken sign that was apparently important enough to be deemed historic by a local preservation body connected to the city. Lewis says the city wanted him to put it back up.</span></p> <p><span style="font-weight: 400;">"One big issue with that is we're not a dry cleaner," he says. "Another big issue with that is the sign is broken." The sign was old neon, the kind that requires specialist labor to repair. The estimated cost was "upwards of $10,000."</span></p> <p><span style="font-weight: 400;">Lewis offered the city a deal. If it wanted the dry-cleaning sign preserved as a historic landmark, Bison Head would keep the sign, bill the city for the roughly $10,000 refurbishment, and let taxpayers know exactly what their money had been spent on. "All of a sudden," Lewis says, "the sign issue went away."</span></p> <p><span style="font-weight: 400;">This delay cost them months. When Lewis tried to put an order in for a simple sign with a local manufacturer, the manufacturer warned him not to bother yet. It had recently made one for another downtown business, Lewis recalls, and "it took six months for the city to approve it." He got his sign approved about a month later.</span></p> <p><span style="font-weight: 400;">For any entrepreneur, cracking the government's regulatory puzzle is a tall task. If a business happens to sell something that the government deems a "sin," the bureaucracy is even more difficult to navigate. While both cigars and alcohol are separately legal, and adults over 21 may purchase both, cigar lounges face a regulatory structure in Virginia that makes it extremely difficult to let grown adults enjoy them together.</span></p> <p><span style="font-weight: 400;">"You cannot bring your own alcohol in here, and we can't sell it or serve it," Lewis explains. "So there's literally just no alcohol, no cigar bars or anything like that, nowhere where you can smoke and drink at the same time." If Bison Head wanted to add bourbon to its menu, it would need to become a restaurant. But that would require complying with a </span><a href="https://www.abc.virginia.gov/licenses/retail-resources/mbar"><span style="font-weight: 400;">regulatory framework</span></a><span style="font-weight: 400;"> built for restaurants, including a law requiring at least 45 percent of revenue to come from food and nonalcoholic drinks, a hangover from the state's Prohibition-era<strong> </strong>attitude toward liquor. A <a href="https://www.williamsmullen.com/insights/news/legal-news/changes-virginias-food-beverage-ratio-set-take-effect-july-1-2026">new law</a> that takes effect this year removes the ratio entirely for restaurants with at least $48,000 in average monthly food sales, and lowers it for some smaller restaurants. </span><span style="font-weight: 400;">To qualify, Bison Head would still have to make food a major part of the business—but food service brings its own restrictions around indoor smoking, ventilation, and separated spaces.</span></p> <p><span style="font-weight: 400;">So Bison Head sells cigars, accessories, shirts, locker memberships, and whatever else it can legally and creatively offer. Lewis and his partner host pop-ups with breweries and other local businesses.</span></p> <figure class="alignright wp-image-8385173 size-full"><img fetchpriority="high" decoding="async" class="alignright wp-image-8385173 size-full" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/ce1a6fca-fdcd-4a8d-aca3-4e3e8f1e9300.jpg" alt="Shelves of cigarettes for sale" width="768" height="1024" data-credit="Jimmy Lewis" srcset="https://reason.com/wp-content/uploads/2026/06/ce1a6fca-fdcd-4a8d-aca3-4e3e8f1e9300.jpg 768w, https://reason.com/wp-content/uploads/2026/06/ce1a6fca-fdcd-4a8d-aca3-4e3e8f1e9300-225x300.jpg 225w" sizes="(max-width: 768px) 100vw, 768px" /><figcaption>Jimmy Lewis</figcaption></figure> <p><span style="font-weight: 400;">Lewis says that between taxes and other costs, "between 26 and 36 cents of every dollar is going straight to the government." Virginia taxes most tobacco products, including cigars, at 20 percent of the manufacturer's sales price. That money is gone before a small lounge spends on rent, staff, inventory, insurance, utilities, or anything else.</span></p> <p><span style="font-weight: 400;">The result is that a local business—trying to create community, employ people, fill a gap in the market, and make an area more attractive—has to spend its early life fighting the state for permission to exist.</span></p> <p><span style="font-weight: 400;">Many American entrepreneurs have shared Lewis' experience with navigating the permitting, licensing, zoning, and alcohol rules that </span><a href="https://www.cato.org/policy-analysis/entrepreneurs-regulations-removing-state-local-barriers-new-businesses"><span style="font-weight: 400;">often serve</span></a><span style="font-weight: 400;"> as barriers to new businesses. In April 2026, Americans filed more than half a million business applications, but the </span><a href="https://www.census.gov/econ/bfs/pdf/bfs_current.pdf"><span style="font-weight: 400;">Census Bureau</span></a><span style="font-weight: 400;"> projects that only 28,479 of them will actually become businesses with payroll tax liabilities within a year.</span></p> <p><span style="font-weight: 400;">While the U.S. is one of the easiest places in the world to operate a business, starting a business is incredibly difficult. In the </span><a href="https://archive.doingbusiness.org/en/data/exploreeconomies/united-states"><span style="font-weight: 400;">World Bank's most recent "Doing Business</span></a><span style="font-weight: 400;">" report from 2020, the U.S. ranked sixth overall on the index. However, in the "starting a business" category, the U.S. ranked 55th.</span></p> <p><span style="font-weight: 400;">"If people are adults, they can make their own decisions on what to put into their bodies," says Lewis. "The government restricting these businesses does nothing but hurt the economy rather than help it."</span></p> <p><span style="font-weight: 400;">America rightly celebrates entrepreneurs, and yet it continues to make their lives needlessly difficult. Bison Head Cigar &amp; Lounge survived, but countless other American dreams are smothered by red tape before they ever become reality.</span></p><p>The post <a href="https://reason.com/2026/06/02/the-cigar-lounge-that-bureaucracy-almost-killed/">The Cigar Lounge That Bureaucracy Almost Killed</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Jimmy Lewis]]></media:credit>
		<media:description type="html"><![CDATA[A window storefront for Bison Head Cigar & Lounge]]></media:description>
		<media:title><![CDATA[7c987747-e511-4059-bb3f-2b0162100ea8]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/7c987747-e511-4059-bb3f-2b0162100ea8-1200x675.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[
				Free Speech Unmuted: The First Amendment and Privacy Rights			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/free-speech-unmuted-the-first-amendment-and-privacy-rights/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385126</id>
		<updated>2026-06-02T18:47:41Z</updated>
		<published>2026-06-02T18:47:41Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Privacy" />		<summary type="html"><![CDATA[Jane Bambauer and I explore the uneasy collision between free speech and privacy law—from anonymous pamphlets and wiretaps to revenge porn, hidden cameras, Hulk Hogan, and whether anyone truly owns their own name or life story.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/free-speech-unmuted-the-first-amendment-and-privacy-rights/">
			<![CDATA[<p><iframe title="The First Amendment and Privacy Rights" width="500" height="281" src="https://www.youtube.com/embed/UZmFcTNp0l8?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>For past Free Speech Unmuted videos, see:</p>
<p><span id="more-8385126"></span></p>
<ul>
<li><a href="https://youtu.be/9KjZs1dkkxg" data-outlook-id="07b5f40d-ec53-4bc0-b4dd-93bde39f1b64">'Defamacast' and More: How American Defamation Law Works</a></li>
<li><a href="https://youtu.be/_CiHldftTXo" data-outlook-id="208f3807-996d-45fa-8ca6-fe5c7d2e9504">Speech, Not "Conduct": Supreme Court Rules on Conversion Talk Therapy</a></li>
<li><a href="https://youtu.be/K66gxVh9_6o" data-outlook-id="8924c117-3cdc-492e-815e-141902680aa7">Equal Time, Stephen Colbert, and the Future of Political Broadcasting</a></li>
<li><a href="https://youtu.be/15KqyTNxluI" data-outlook-id="8cd344de-d70b-41d3-a02b-a17376b46459">Student Speech, Threats, and the First Amendment</a></li>
<li><a href="https://youtu.be/62Df9Svliys" data-outlook-id="361e216a-aebb-42c3-95f1-b781370e9e56">Can Journalists Be Charged for Involvement in Protests? The Don Lemon Dilemma</a></li>
<li><a href="https://youtu.be/kAR20ymomPM" data-outlook-id="2b30761a-d8f8-4723-8a18-748029ee24d6">2025: The Year In Free Speech</a></li>
<li><a href="https://www.youtube.com/watch?v=6FztRz5DA8U&amp;feature=youtu.be" data-outlook-id="5d04a9a6-b101-4f25-b9da-0ebc9aa8957a">Does the First Amendment Protect Supposedly "Addictive" Algorithms?</a></li>
<li><a href="https://youtu.be/Nmm5p_LkYBs" data-outlook-id="dd562a57-302a-45d7-9026-c8ce0a45bac9">Defamation Law in the Age of AI with Lyrissa Lidsky</a></li>
<li><a href="https://youtu.be/mXvX6feDwPA" data-outlook-id="9096bf3e-7cf0-4e8c-84c8-c93005c875dd">Free Speech and the Future of Legal Education</a></li>
<li><a href="https://youtu.be/bgXWOpOMaKM" data-outlook-id="1539ce57-2b4d-4216-a175-c2deb02fefc3">From Brandenburg to Britain: Rethinking Free Speech in the Digital Era with Eric Heinze</a></li>
<li><a href="https://youtu.be/QLACSQ1mOwY" data-outlook-id="667799d5-3335-4609-8f43-794a7b95f4cc">Kimmel, the FCC, and the Government's Power Over Broadcast Speech</a></li>
<li><a href="https://youtu.be/NyhH6opmmJY" data-outlook-id="8b1e5e47-74a2-4910-b27f-864128d214f5">A Conversation with FIRE's Greg Lukianoff</a></li>
<li><a href="https://youtu.be/z_xtAkLRsTU" data-outlook-id="f66fad3f-856f-4403-bf45-c7c5778d5d67">A Burning First Amendment Issue: President Trump's Executive Order on Flag Desecration</a></li>
<li><a href="https://youtu.be/k1FXziYs5EI" data-outlook-id="50a2006b-c66a-4699-8232-5e88235f7f44">Free Speech and Doxing</a></li>
<li><a href="https://youtu.be/BfXvhA3EhbI" data-outlook-id="1e46b9a5-f68a-4be1-abe5-433530099ff3">The Supreme Court Rules on Protecting Kids from Sexually Themed Speech Online</a></li>
<li><a href="https://youtu.be/LSGZYD8CXq8" data-outlook-id="89dcfc8a-6ebd-43ec-b9a6-d2eb5be22ede">Free Speech, Public School Students, and "There Are Only Two Genders"</a></li>
<li><a href="https://youtu.be/gcP4GkhCB3g" data-outlook-id="fae75a87-ec7f-4984-bb7c-0a6ac99b0b6a">Can AI Companies Be Sued for What AI Says?</a></li>
<li><a href="https://youtu.be/6dZx1lch8ho" data-outlook-id="9773e00b-bd71-4864-962a-813894141cac">Harvard v. Trump: Free Speech and Government Grants</a></li>
<li><a href="https://youtu.be/6Fqn7JwOtXk" data-outlook-id="e266b135-3338-4e7f-9a00-cc886c961115">Trump's War on Big Law</a></li>
<li><a href="https://youtu.be/FgaMp6ofpYA" data-outlook-id="e1a2f534-9b57-468e-9c1e-46f3a11332fa">Can Non-Citizens Be Deported For Their Speech?</a></li>
<li><a href="https://youtu.be/rXIVO1QVdvw" data-outlook-id="5b6cb66a-6018-4f83-b687-b4a7f3d722ba">Freedom of the Press, with Floyd Abrams</a></li>
<li><a href="https://youtu.be/A5Yy4CcTBRc" data-outlook-id="25f7e3f1-c4d9-4355-9a9d-864ba179a690">Free Speech, Private Power, and Private Employees</a></li>
<li><a href="https://youtu.be/U0c4TWVxgTs" data-outlook-id="469eb63c-9ff8-4371-9974-5502504dea1e">Court Upholds TikTok Divestiture Law</a></li>
<li><a href="https://youtu.be/Sbv89CPgA-o" data-outlook-id="d6c96bab-44ae-4d70-a374-5b9121552348">Free Speech in European (and Other) Democracies, with Prof. Jacob Mchangama</a></li>
<li><a href="https://youtu.be/mXVOMepZRdM" data-outlook-id="a84dc598-0405-47dc-8930-b97ae4dbce47">Protests, Public Pressure Campaigns, Tort Law, and the First Amendment</a></li>
<li><a href="https://youtu.be/ewy_KO8qLNc" data-outlook-id="157613a9-a766-4eec-b7ac-e246cf0a0e3f">Misinformation: Past, Present, and Future</a></li>
<li><a href="https://youtu.be/_3H_9niTQgA" data-outlook-id="c97956c0-ab5d-4559-9533-7b92b166c19e">I Know It When I See It: Free Speech and Obscenity Laws</a></li>
<li><a href="https://youtu.be/Brgt0wnLRaA" data-outlook-id="f9fea651-ac36-4023-8dc7-58cdd5cbff13">Speech and Violence</a></li>
<li><a href="https://youtu.be/DZvdm88uhsk" data-outlook-id="8dc6388c-166b-4bc3-8b83-0a6a330b03a7">Emergency Podcast: The Supreme Court's Social Media Cases</a></li>
<li><a href="https://youtu.be/p3g3Le-mXA4" data-outlook-id="dda16f0f-bc7b-4ecf-9213-96b9d53c0a14">Internet Policy and Free Speech: A Conversation with Rep. Ro Khanna</a></li>
<li><a href="https://youtu.be/tKWqi-ghGuI" data-outlook-id="95f0c224-7342-488d-b1f1-63658d7a3bea">Free Speech, TikTok (and Bills of Attainder!), with Prof. Alan Rozenshtein</a></li>
<li><a href="https://youtu.be/xgRb57r_azg" data-outlook-id="6f7fff63-9f19-4f15-9da4-2d7c1212bf8d">The 1st Amendment on Campus with Berkeley Law Dean Erwin Chemerinsky</a></li>
<li><a href="https://youtu.be/oRQgfVTzh7Q" data-outlook-id="ffe64d6d-65f0-4913-a8f9-91c617c004bb">Free Speech On Campus</a></li>
<li><a href="https://youtu.be/5q115isFswk" data-outlook-id="d94498af-2bc0-419a-b113-f73895b2e797">AI and Free Speech</a></li>
<li><a href="https://youtu.be/7XdwJZs88e4" data-outlook-id="2d0af2ec-a201-4a56-86df-584bee8f4100">Free Speech, Government Persuasion, and Government Coercion</a></li>
<li><a href="https://youtu.be/moLCz7C6_gQ" data-outlook-id="fb0c15a7-2ec9-49c7-8f13-3b10f7a5b8a2">Deplatformed: The Supreme Court Hears Social Media Oral Arguments</a></li>
<li><a href="https://youtu.be/wef9x9QeEmc" data-outlook-id="75c1345e-1e27-4915-92c1-52eea77056fb">Book Bans – or Are They?</a></li>
</ul>
<p>The post <a href="https://reason.com/volokh/2026/06/02/free-speech-unmuted-the-first-amendment-and-privacy-rights/">Free Speech Unmuted: The First Amendment and Privacy Rights</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Issues Preliminary Injunction Protecting Group Flying "8647" Flag			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/court-issues-preliminary-injunction-protecting-group-flying-8647-flag/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385108</id>
		<updated>2026-06-02T18:22:48Z</updated>
		<published>2026-06-02T18:22:48Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[The flag, in context, likely doesn't fit within the First Amendment exception for true threats of illegal conduct or incitement of illegal conduct.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/court-issues-preliminary-injunction-protecting-group-flying-8647-flag/">
			<![CDATA[<figure id="attachment_8385109" aria-describedby="caption-attachment-8385109" style="width: 446px" class="wp-caption aligncenter"><img decoding="async" class="size-full wp-image-8385109" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/AccountabilityNowUSAvGriess8647Flag.jpg" alt="" width="446" height="357" srcset="https://reason.com/wp-content/uploads/2026/06/AccountabilityNowUSAvGriess8647Flag.jpg 446w, https://reason.com/wp-content/uploads/2026/06/AccountabilityNowUSAvGriess8647Flag-300x240.jpg 300w" sizes="(max-width: 446px) 100vw, 446px" /><figcaption id="caption-attachment-8385109" class="wp-caption-text">A photo of the flag being displayed, from the <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.291681/gov.uscourts.dcd.291681.10.0.pdf">application for a temporary restraining order</a>.</figcaption></figure> <p>From yesterday's decision (which strikes me as correct) in <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.291681/gov.uscourts.dcd.291681.20.0.pdf"><em>Accountability Now USA v. Griess</em></a>, by Judge Randolph Moss (D.D.C.):</p> <blockquote><p>Plaintiff, an unincorporated association that maintains a 24/7 demonstration calling for the impeachment and removal of President Donald Trump on National Park Service ("NPS") land, moves for an emergency order temporarily restraining the Superintendent of the National Mall and Memorial Parks Kevin Griess and the Secretary of the Interior Doug Burgum or their delegees "from taking enforcement action against them because of their display of a flag with the legend '8647.'" For the reasons that follow, the Court will grant Plaintiff's motion&hellip;.</p> <p>The parties' disagreement &hellip; turns on whether Plaintiff's display of the "8647" flag constitutes protected speech, as Plaintiff asserts, or a "true threat" to the life or safety of the President (or an incitement to violence), as Defendants maintain. At oral argument, both sides agreed that context is dispositive. Not every use of the slang phrase "86" constitutes a threat of violence; to the contrary, it is most often used to mean that an item is no longer available or that someone or something should be removed, ejected, or thrown out. But it can, in some contexts, mean "to kill." &hellip;</p> <p>"True threats of violence, everyone agrees, lie outside the bounds of the First Amendment's protection." "'True threats' encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals." "The 'true' in that term distinguishes what is at issue from jests, 'hyperbole,' or other statements that when taken in context do not convey a real possibility that violence will follow." &hellip;</p> <p>The Court starts with the premise that the word "86" is a slang term with no single meaning. According to Merriam-Webster, "Eighty-six is slang meaning 'to throw out,' 'to get rid of,' or 'to refuse service to.'" The phrase "comes from 1930s soda-counter slang meaning that an item was sold out[,]" and may have been used because it rhymes with "nix." It was first used as a noun to refer "to an item &hellip; that had been sold out," but by the 1950s, the term was used as a verb, at first meaning " 'to refuse to serve a customer,' &hellip; later meaning " 'to get rid of; to throw out,' " and still later coming to mean " 'shut out' or 'rejected.'" Merriam-Webster further notes that a recent extension of these meanings has included "'to kill,'" although the dictionary declines to endorse that meaning "due to its relative recency and sparseness of use." According to Merriam-Webster, "[t]he most common meaning of <em>eighty-six</em> encountered today is the one that is closer to its service industry roots." &hellip;</p></blockquote> <p><span id="more-8385108"></span></p> <blockquote><p>Plaintiff represents that its display of the flag was "not in any way a threat against the President" but, rather, was part of months-long demonstrations demanding "the impeachment and removal of President Trump." Although Defendants offer no evidence or explanation regarding how (and why) the NPS understood Plaintiff's actual use of the term, the Deputy Director of the Secret Service attests that he generally "regard[s] the statement '86-47' as a potential call for acts of violence directed at the President of the United States" and that he "understand[s] '86' to represent a euphemism for acts of physical violence." &hellip; Although the Court recognizes the importance and difficulty of the mission of the Secret Service, the First Amendment does not permit the government to censor political speech, which no reasonable observer would view, in context, as actually conveying a threat of violence, merely because the speaker uses a phrase that, in addition to other more common meanings, has been used to refer to an act of violence.</p> <p>The question whether "8647" constitutes a true threat cannot be resolved in the abstract, without consideration of context, and, here, the relevant context makes clear that no reasonable observer could have viewed Plaintiff's display of the flag as a threat to the President's life or physical safety.</p> <p>To start, the flag itself contains no symbols of violence; it is red, white, and blue, and is simply adorned with white stars. It contains no knives, skulls, nooses, or other threatening symbols. Even more to the point, the flag was displayed outside the courthouse, as part of an ongoing demonstration seeking President Trump's impeachment and removal from office. In a video submitted by Plaintiff, the flag can be seen hanging from one side of Plaintiff's tent, surrounded by not one, but four signs that read "IMPEACH. CONVICT. REMOVE." Yet another sign merely reads: "IMPEACH." In short, the surrounding signage urged Congress "to throw out" the President. Nor is there any evidence that Plaintiff or the volunteers who staffed the demonstration engaged in any threatening speech or conduct&hellip;.</p> <p>Under these circumstances, it is difficult to fathom how the NPS (or the Secret Service) could have concluded that a reasonable observer would view the flag as a true threat. The term "86" is used far more often to mean "throw out" than "kill," and it appeared at a demonstration that was focused, of all things, on the constitutional impeachment and "removal" of the President&hellip;.</p> <p>At oral argument, Defendants' counsel conceded that (1) the inquiry of whether particular speech is a true threat is context-dependent; (2) there are circumstances in which the term "8647" does not represent a true threat to the President; and (3) the Defendants are "not going to prosecute or go after everybody with an 8647 flag." But when asked, how, then, did Defendants conclude that Plaintiff's specific invocation of "8647" constituted a true threat, Defendants' counsel retreated, repeatedly asserting that the use of the term in the context of unprecedented and recent assassination attempts against the President constitutes a true threat. When asked whether the agency engaged in any <em>case-specific</em> fact-finding or undertook any analysis of whether Plaintiff's usage of 8647 <em>in the context of its ongoing demonstration</em> violated <a href="https://www.westlaw.com/Link/Document/FullText?findType=L&amp;pubNum=1000546&amp;cite=18USCAS871&amp;originatingDoc=I807736205e1011f18953812c75e39681&amp;refType=LQ&amp;originationContext=document&amp;vr=3.0&amp;rs=cblt1.0&amp;transitionType=DocumentItem&amp;contextData=(sc.Search)">18 U.S.C. § 871</a> [the statute banning threats against the President -EV], Defendants' counsel demurred, noting that he either did not know or that there was nothing in the record before the Court&hellip;.</p> <p>[T]he Court invited Defendants to supplement the record with any evidence or material explaining the NPS's thinking. Defendants failed to offer any analysis or consideration of specific context surrounding Plaintiff's display of the flag. Instead, Defendants simply repeated Deputy Director of the Secret Service Matthew Quinn's averment that he regards "the statement '86-47' as a potential call for acts of violence directed at the President," and noted that "a shooting occurred in the vicinity of the White House" on May 24, 2026, and that this "potential assassination attempt" was a "significant intervening event from when [the Secret Service] first encountered the individual holding [the] flag"; that "the Secret Service shared information with the U.S. Department of the Interior about its ongoing investigation relating to the individual holding [the] flag"; that the Secret Service has investigated or is currently investigating "over 1,300 instances of individuals using '86-47'" as a threat; that "[m]ost '86-47' investigations by the Secret Service involve online threats" and that the use of the "flag near the White House is a novel event"; and, finally, that "[t]he Secret Service does not construe '86-47' to mean impeachment."</p> <p>Strikingly, only two or three of these assertions have any plausible nexus to the specific context of Plaintiff's display of the flag, and none of those assertions amounts to anything. The first relevant assertion merely notes that the Secret Service is conducting an ongoing investigation of the volunteer who spoke with the officers on May 12. But the government says nothing about whether that investigation has revealed any evidence to support a true threat claim, and an investigation is just an investigation.</p> <p>The second and third assertions merely note that Plaintiff was displaying the flag in the same city in which the White House is located—albeit almost two miles away—and that a shooting occurred on the street near the White House on May 24. It sweeps far too broadly, however, to suggest that anyone displaying an "8647" flag in Washington, D.C. after the May 24 shooting has made a true threat to the President's life or safety.</p> <p>The Court does not doubt that political violence is on the rise and that it poses a grave threat not just to the targets of the threats but to the country as a whole. But the enormity of that problem does not change the meaning of Plaintiff's speech, which by any reasonable measure merely advocated for the President's impeachment and removal from office—that is, "to throw [him] out." &hellip;</p> <p>The court also concluded that the speech couldn't be plausibly be interpreted as falling within the First Amendment exception for incitement to violence (a separate exception from the one for threats):</p> <p>The record contains no evidence that a reasonable observer would have viewed the flag as an incitement to imminent violence or that Plaintiff intended to incite political violence. Although Deputy Director Quinn attests that he believes that the term 8647 "as it is understood today, <em>can</em> incite violence by others," <em>Brandenburg</em> [the case defining the incitement standard -EV] does not refer to words that "can incite" imminent lawlessness—it refers to words that are "likely to incite"—and Defendants do not even suggest that Plaintiff's flag comes close to satisfying that demanding standard&hellip;.</p></blockquote> <p>Arthur B. Spitzer, Aditi Shah, and Laura K. Follansbee (ACLU DC) represent plaintiff. Thanks to the <a href="https://medialaw.org/mlrc-medialawdaily/">Media Law Resource Center (MLRC) MediaLawDaily</a> for the pointer.</p><p>The post <a href="https://reason.com/volokh/2026/06/02/court-issues-preliminary-injunction-protecting-group-flying-8647-flag/">Court Issues Preliminary Injunction Protecting Group Flying &quot;8647&quot; Flag</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Eventually, the Steam Drill Always Wins: "Law Professors Prefer AI Over Peer Answers"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/eventually-the-steam-drill-always-wins-law-professors-prefer-ai-over-peer-answers/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385099</id>
		<updated>2026-06-02T18:03:21Z</updated>
		<published>2026-06-02T18:03:21Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" />		<summary type="html"><![CDATA[From a draft by Stanford law professor Julian Nyarko and others: We conducted a blinded evaluation of short-answer tutoring in&#8230;
The post Eventually, the Steam Drill Always Wins: &#34;Law Professors Prefer AI Over Peer Answers&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/eventually-the-steam-drill-always-wins-law-professors-prefer-ai-over-peer-answers/">
			<![CDATA[<figure id="attachment_8378801" aria-describedby="caption-attachment-8378801" style="width: 1024px" class="wp-caption aligncenter"><img decoding="async" class="size-large wp-image-8378801" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Bradypus_tridactylus_skull1-1024x589.jpg" alt="" width="1024" height="589" srcset="https://reason.com/wp-content/uploads/2026/04/Bradypus_tridactylus_skull1-1024x589.jpg 1024w, https://reason.com/wp-content/uploads/2026/04/Bradypus_tridactylus_skull1-300x173.jpg 300w, https://reason.com/wp-content/uploads/2026/04/Bradypus_tridactylus_skull1-768x442.jpg 768w, https://reason.com/wp-content/uploads/2026/04/Bradypus_tridactylus_skull1.jpg 1100w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption id="caption-attachment-8378801" class="wp-caption-text">Prof. Bradypus Tridactylus. Credit: Marshall, <i>Annales du Muséum national d'histoire naturelle</i>, via Wikipedia.</figcaption></figure> <p>From a <a href="https://law.stanford.edu/wp-content/uploads/2026/06/salinas_et_al.pdf">draft</a> by Stanford law professor Julian Nyarko and others:</p> <blockquote><p>We conducted a blinded evaluation of short-answer tutoring in contracts courses with sixteen U.S. law professors. Participants created 40 representative questions, wrote answers, and judged 2,918 anonymized comparisons between human and LLM responses. Professors rated LLMs far higher than their peers (average win rate = 75.33%), with models performing similarly to the best instructor. LLM responses were also rarely flagged as harmful (3.53%, vs 12.06% for professors). Preferences for LLM answers were consistent across evaluators and reflected shared professional standards&hellip;.</p> <p>Sixteen contracts professors from fourteen U.S. law schools—who all use the same casebook to teach the material—authored questions representative of those asked during office hours. From this pool we curated 40 representative questions spanning four instructional categories (Recall: Case or Code, Recall: Doctrine, Hypotheticals, Policy).</p> <p>Recall questions—whether relating to a case, code or doctrine—tend to be amenable to answers which can be evaluated against a ground truth, and where argumentative strength is of little importance. In contrast, hypotheticals present a short set of facts and ask how the law should be applied. Together with policy questions, which often center on legal or policy design under heterogeneous preferences, providing a strong answer in this category often relies on displaying careful reasoning, weighing competing arguments and other latent, professional standards of quality—even if the relevant doctrine is now settled.</p></blockquote> <p><span id="more-8385099"></span></p> <blockquote><p>In a second step, each professor wrote short answers to a subset of the 40 questions. &hellip; In a third step, we conducted blinded, forced-choice comparisons in which professors judged anonymized pairs of answers written either by their colleagues or by two LLMs. Among the different model families, we opted for Google's models because at the time, Google made explicit efforts to optimize their models for the educational context. Consequently, we included a stock version of Gemini 2.5 Pro and a retrieval-augmented NotebookLM with access to the casebook. Preference rankings have been shown to be a particularly effective method in ranking unstructured, open text responses, thus yielding advantages over more common, rubric-based evaluations especially where quality is a more elusive concept&hellip;</p> <p>To probe whether any LLM advantage might be driven by surface-level writing style rather than substantive content, we additionally engineered a set of lexico-syntactic features—answer length, structural organization, reasoning nuance, legal anchors, confidence tone, clarity, and pedagogical support—and tested how much of the preference pattern they could explain. Each professor completed approximately 150–200 pairwise evaluations, selected the better answer, and could flag any answer as pedagogically "harmful" {[<em>i.e.,</em>] likely to mislead or hinder learning}.</p> <p>We present four main findings. First, LLMs meet—and often exceed—the professional standard as defined by expert preference. Gemini 2.5 Pro outperformed all but one instructor in head-to-head comparisons (average win rate against all instructors = 75.92%), though the difference between Gemini and the better-ranked instructor was not statistically significant. NotebookLM, by contrast, outperformed every human instructor, with one tie (average win rate = 74.75%).</p> <p>Second, the LLM advantage was similar across all category questions.</p> <p>Third, harmfulness rates for LLMs were low (Gemini 3.41%, NotebookLM 3.64%), compared to the wider dispersion among professors (1.00–39.75%), underscoring that the risk of pedagogically problematic responses is comparable to that of the best human instructors. When evaluating peer-written answers, each professor on average preferred LLM responses over responses generated by human instructors, suggesting that model outputs were not merely appealing to a particular subset of evaluators.</p> <p>Fourth, the engineered textual features explain only part of the LLM advantage: in calibration analyses, observed LLM win rates systematically exceed the win rates predicted from lexico-syntactic differences alone, indicating that the preference for LLM answers is not reducible to length, clarity, or other stylistic markers.</p></blockquote><p>The post <a href="https://reason.com/volokh/2026/06/02/eventually-the-steam-drill-always-wins-law-professors-prefer-ai-over-peer-answers/">Eventually, the Steam Drill Always Wins: &quot;Law Professors Prefer AI Over Peer Answers&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ronald Bailey</name>
							<uri>https://reason.com/people/ronald-bailey/</uri>
						<email>rbailey@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Enhanced Games Proved Enhancement Works But Youth Works Better			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/the-enhanced-games-proved-enhancement-works-but-youth-works-better/" />
		<id>https://reason.com/?p=8384442</id>
		<updated>2026-06-02T20:56:58Z</updated>
		<published>2026-06-02T17:45:02Z</published>
			<category scheme="https://reason.com/latest/" term="Drugs" /><category scheme="https://reason.com/latest/" term="Human Enhancement" /><category scheme="https://reason.com/latest/" term="Olympics" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="Athletics" /><category scheme="https://reason.com/latest/" term="Bioethics" /><category scheme="https://reason.com/latest/" term="Enhancement" /><category scheme="https://reason.com/latest/" term="WADA" />		<summary type="html"><![CDATA[But many older enhanced athletes did achieve better results than their younger selves.]]></summary>
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		<p>The <a href="https://www.enhanced.com">Enhanced Games</a>, in which elite athletes were allowed under medical supervision to use various pills and injections to boost their performance, took place in Las Vegas over Memorial Day weekend. The Games were <a href="https://investors.enhanced.com/enhanced-games-to-reveal-host-city-and-dates-of-inaugural-games-5/">hyped</a> by organizers as "the future of sport – where science, athleticism, and progress inspire superhuman achievement." Not surprisingly, the Luddites at the U.S. Anti-Doping Agency dismissed the event as a "<a href="https://www.usada.org/spirit-of-sport/need-know-enhanced-games/">dangerous clown show that puts profits over principle</a>."</p> <p>With respect to superhuman achievements, the Games were, to be honest, something of a <a href="https://reason.com/2026/05/26/just-1-world-record-at-the-enhanced-games-shows-the-integrity-of-the-competition/">dud</a>. On the other hand, many of the enhanced older competitors did better than their younger selves.</p> <p>So what enhancements did the competitors use? Organizers did not release individual athletes' regimens but did, prior to the Games, <a href="https://www.prnewswire.com/news-releases/enhanced-provides-clinical-trial-update--first-of-its-kind-study-continues-with-athletes-healthy--safe-to-compete-302778243.html">reveal</a> that 91 percent used testosterone, 79 percent used human growth hormone, 62 percent used stimulants such as Adderall, 50 percent used metabolic modulators, 41 percent used erythropoietin (EPO), and 29 percent used an anabolic steroid agent such as Deca-Durabolin. The athletes who chose enhancements were on a shortened protocol of nine weeks instead of 20 weeks as initially designed by the organizers. To be eligible, all of the enhancing compounds must have been approved by the Food and Drug Administration. (Worth noting: A 2017 World Anti-Doping Agency study found that <a href="https://link.springer.com/article/10.1007/s40279-017-0765-4" data-mrf-link="https://link.springer.com/article/10.1007/s40279-017-0765-4">nearly 44 percent</a> of elite athletes had surreptitiously used performance enhancements in the past year.)</p> <p>So why was it a "dud"? The organizers had hyped the Games, suggesting that some of their roster of enhanced athletes would break world records in swimming, track, and weightlifting. In fact, Greek swimmer Kristian Gkolomeev, age 32, was the only competing athlete who beat the world record in his sport, the 50-meter freestyle swim. His time of 20.81 seconds beat Australian Cameron McEvoy's record time of <a href="https://www.olympics.com/en/news/swimming-cameron-mcevoy-breaks-mens-50m-freestyle-world-record">20.88 seconds</a> set in March this year at the age of 31. Gkolomeev's official personal best is <a href="https://www.worldaquatics.com/athletes/1019694/kristian-gkolomeev">21.44 seconds,</a> set back in 2018 when he was 25 years old. Since he was openly taking various pharmaceuticals aiming to improve his performance, his record swim will not be recorded in the official records.</p> <p>The organizers of the Enhanced Games also <a href="https://maximilianbmartin.substack.com/p/the-inaugural-enhanced-games">highlighted</a> that 21 personal-best results were broken by 13 of the participating athletes. The average gap between an athlete's previous personal best and their new one set at the Games was 6.4 years. Enhancements, as expected, significantly boost athletic performance.</p> <figure class="aligncenter size-full wp-image-8384959"><img decoding="async" class="aligncenter size-full wp-image-8384959" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Screenshot-2026-06-01-at-3.36.25-PM.png" alt="" width="1398" height="764" data-credit="Enhanced Games" srcset="https://reason.com/wp-content/uploads/2026/06/Screenshot-2026-06-01-at-3.36.25-PM.png 1398w, https://reason.com/wp-content/uploads/2026/06/Screenshot-2026-06-01-at-3.36.25-PM-300x164.png 300w, https://reason.com/wp-content/uploads/2026/06/Screenshot-2026-06-01-at-3.36.25-PM-1024x560.png 1024w, https://reason.com/wp-content/uploads/2026/06/Screenshot-2026-06-01-at-3.36.25-PM-768x420.png 768w" sizes="(max-width: 1398px) 100vw, 1398px" /><figcaption>Enhanced Games</figcaption></figure> <p>Notably, three winners at the Enhanced Games were "clean," that is, they used no <a href="https://www.wada-ama.org/en/prohibited-list">World Anti-Doping Agency–banned</a> enhancements to improve their performances. The biggest factor in their victories was their youth compared to most of their competitors. For example, swimmer Hunter Armstrong and sprinters Tristan Evelyn and Fred Kerley are respectively 25, 28, and 31 years old.</p> <p>Recent research reports that the <a href="https://www.researchgate.net/publication/387292329_How_old_are_Elite_Olympic_swimmers">average age</a> for Olympic medalists in sprint swimming competitions for men and women is, respectively, 27 and 26 years old. Armstrong's time at the Enhanced Games for the 50-meter backstroke was 24.21 seconds while his personal best time was <a href="https://www.worldaquatics.com/athletes/1231918/hunter-armstrong">23.71 seconds</a> in 2022 when he was 21 years old. Armstrong's competitors were Shane Ryan (32), Antani Ivanov (26), and Sohib Khaled (22). Competing without enhancements, Khaled's new personal bests at the Games suggest that he is not yet at his peak as a swimmer.</p> <p>A 2024 study <a href="https://academic.oup.com/jrssig/article/21/3/6/7686552?login=false">reported</a> that the "median peak age is 27 years old" for Olympic track and field athletes. Evelyn's time for the 100-meter dash at the Enhanced Games was <a href="https://www.guardian.co.tt/sports/evelyn-wins-100m-at-enhanced-games-to-earn-us250000-6.2.2592323.a46f9754c7">11.25 seconds</a> while her personal best was <a href="https://worldathletics.org/athletes/barbados/tristan-evelyn-14469933">11.14 seconds</a> back in 2021. At the Enhanced Games, Evelyn (age 28) competed against Shania Collins (29), Taylor Anderson (31), Jasmine Abrams (32), Shockoria Wallace (32), and Denae McFarlane (25).</p> <p>Fred Kerley's time of 9.97 seconds in the 100-meter dash at the Enhanced Games was impressive, especially considering that he is 31 years old. However, that time did not beat his personal best of <a href="https://worldathletics.org/athletes/united-states/fred-kerley-14504382">9.76 seconds</a> set back in 2022, nor Usain Bolt's world record time of <a href="https://worldathletics.org/athletes/jamaica/usain-bolt-14201847">9.58 seconds</a> in 2009 when he was 22 years old. Kerley's competitors were Emmanuel Matadi (age 35), Marvin Bracey-Williams (32), Mouhamadou Fall (34), Reece Prescod (30), and Mike Bryan (33).</p> <p>At the first Extended Games, older age and enhanced treachery <a href="https://www.brainyquote.com/quotes/david_mamet_478663">were no guarantee</a> of victory over youth and exuberance.</p><p>The post <a href="https://reason.com/2026/06/02/the-enhanced-games-proved-enhancement-works-but-youth-works-better/">The Enhanced Games Proved Enhancement Works But Youth Works Better</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Midjourney/Chris Dorney/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[A flexing bicep, with an 'FDA Approved" patch on it]]></media:description>
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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[
				Upcoming Speaking Engagements - Summer 2026			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/upcoming-speaking-engagements-summer-2026/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385024</id>
		<updated>2026-06-02T14:08:46Z</updated>
		<published>2026-06-02T17:30:22Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Ilya Somin's upcoming speaking engagements for the summer of 2026. Most are free and open to the public.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/upcoming-speaking-engagements-summer-2026/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8020271"><img decoding="async" class="alignnone size-medium wp-image-8020271" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/08/Public-speaking-300x139.jpg" alt="" width="300" height="139" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2019/08/Public-speaking-300x139.jpg 300w, https://reason.com/wp-content/uploads/2019/08/Public-speaking-768x356.jpg 768w, https://reason.com/wp-content/uploads/2019/08/Public-speaking-1024x475.jpg 1024w, https://reason.com/wp-content/uploads/2019/08/Public-speaking.jpg 1425w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>NA</figcaption></figure> <p>Below is my list of speaking engagements for the summer of 2026. Unless otherwise noted, all events are free and open to the public—and in person. The listed times are those in the time zone where the event is being held.</p> <p>I normally post lists of speaking engagements only during the academic year. But this summer, I have an unusually large number of them. So I decided to do a post.</p> <p>I  may add additional events and information to this post, as they are scheduled, and update details on existing ones. In the meantime if your university, think tank, research institute or other similar organization would like to invite me to speak (either virtually or in person) on any topic within my expertise, I am open for business!</p> <p>June 10, 12-1 PM, Southwest Florida Federalist Society, Lawyers Division Chapter, Bruno's (restaurant), 2149 First St., Fort Myers, FL: "Immigration is Not Invasion."</p> <p>June 17, 3-4 PM, Housing Working Group, American Institute for Economic Research (online event): "The Constitutional Case Against Exclusionary Zoning." This event is, I believe, limited to members of the AIER housing working group, and possibly other AIER affiliates.</p> <p>June 17, 6-9 PM, Institute for Humane Studies, National Press Club, Washington, DC: "IEEPA and the Limits of Executive Power." This event features a live podcast recording, followed by a Q&amp;A session, and a reception. Registration and other information available <a href="https://theihs.org/events/ieepa-and-the-limits-of-executive-authority">here</a>.</p> <p>July 7, 6-7:30 PM, Annual Supreme Court Review, National Constitution Center, Philadelphia, PA: "Tariffs and the Limits of Executive Power" (tentative title). Panel on "The Supreme Court and Executive Power."</p> <p>July 15, time TBA, Brennan Center for Justice, New York University, NYU DC 1307 L Street NW, Washington, DC: "Assessing the Tariff Decision" (tentative title), conference on "Congress and the Court.</p><p>The post <a href="https://reason.com/volokh/2026/06/02/upcoming-speaking-engagements-summer-2026/">Upcoming Speaking Engagements - Summer 2026</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[NA]]></media:credit>
		<media:title><![CDATA[Public speaking]]></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 Protect College Sports Act Trades NCAA Chaos for Federal Overreach			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/the-protect-college-sports-act-trades-ncaa-chaos-for-federal-overreach/" />
		<id>https://reason.com/?p=8385059</id>
		<updated>2026-06-02T15:42:40Z</updated>
		<published>2026-06-02T15:45:16Z</published>
			<category scheme="https://reason.com/latest/" term="Antitrust" /><category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Senate" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="NCAA" /><category scheme="https://reason.com/latest/" term="Ted Cruz" />		<summary type="html"><![CDATA[Everything in the bipartisan bill to “save” the NCAA, how the law would work, and whether it can pass Congress]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/02/the-protect-college-sports-act-trades-ncaa-chaos-for-federal-overreach/">
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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/Nowfootball/status/2061192184192241674"><span style="font-weight: 400;">Watch where you're driving this week</span></a><span style="font-weight: 400;">, and keep an eye out for innocent bystanders, please.</span></p>
<p><span style="font-weight: 400;">Today's newsletter is a beast, covering the Protect College Sports Act—a 101-page bill just introduced in the Senate that has huge implications for college sports. We've got everything you need to know, everything right and wrong with the bill, and whether it can pass and become law.</span></p>
<p><span style="font-weight: 400;">But first, if you want to fill out our survey on the NBA and NHL finals, </span><a href="https://forms.gle/5hp9Ev9hsRQjj2Eb7"><span style="font-weight: 400;">let me know who you're rooting for here</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;"></span></p>
<h1><b>Locker Room Links</b></h1>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Steph Curry signed a new decade-long shoe deal—</span><a href="https://x.com/ShamsCharania/status/2061567671901032922"><span style="font-weight: 400;">with Li-Ning, a Chinese company</span></a><span style="font-weight: 400;"> that also has a deal with Curry's teammate, Jimmy Butler.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">MLB owners formally proposed </span><a href="https://x.com/EvanDrellich/status/2060070684076953945"><span style="font-weight: 400;">a salary cap</span></a><span style="font-weight: 400;"> to the players union. The proposal </span><a href="https://x.com/SeahawksForever/status/2060129822894874990"><span style="font-weight: 400;">includes a salary floor</span></a><span style="font-weight: 400;">, which would have forced 12 teams to spend more if it were in place this season (and 10 teams to spend less). </span><a href="https://www.usatoday.com/story/sports/mlb/columnist/bob-nightengale/2026/06/01/mlb-players-association-rejects-owners-salary-cap-lockout-threats/90360848007/"><span style="font-weight: 400;">The union obviously said no</span></a><span style="font-weight: 400;">, especially because the union's executive subcommittee includes high-end players like Tarik Skubal and Paul Skenes who want no cap whatsoever.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Speaking of MLB, some owners are </span><a href="https://x.com/JustBB_Media/status/2061080089899520448"><span style="font-weight: 400;">questioning whether league expansion makes sense</span></a><span style="font-weight: 400;"> right now (good, in my opinion!).</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Shai Gilgeous-Alexander's attorney </span><a href="https://frontofficesports.com/underdog-stands-by-shai-gilgeous-alexander-promo-despite-cease-and-desist/"><span style="font-weight: 400;">sent a cease and desist demand</span></a><span style="font-weight: 400;"> to fantasy sports company Underdog, which made a board game poking fun at SGA. Underdog refused to comply, and the whole thing screams of the </span><a href="https://en.wikipedia.org/wiki/Streisand_effect"><span style="font-weight: 400;">Streisand effect</span></a><span style="font-weight: 400;">.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The South African soccer team's travel to the U.S. for the World Cup was delayed due to visa issues—they eventually </span><a href="https://apnews.com/article/world-cup-soccer-visa-south-africa-mexico-612537baa966df2a2054e7ff311ddf53"><span style="font-weight: 400;">left without their assistant coach</span></a><span style="font-weight: 400;">.</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;">: It was a sportsy week, with coverage of the </span><a href="https://reason.com/2026/05/27/illinois-plans-tax-break-for-billionaires-and-the-chicago-bears-everyone-else-could-end-up-paying-more/"><span style="font-weight: 400;">Chicago Bears stadium debacle</span></a><span style="font-weight: 400;"> (which might </span><a href="https://x.com/rap30/status/2060945250508571111"><span style="font-weight: 400;">now be over</span></a><span style="font-weight: 400;">) and Nick Gillespie sounding off on </span><a href="https://reason.com/2026/05/29/is-private-equity-really-buying-up-the-rituals-of-american-childhood/"><span style="font-weight: 400;">private equity and youth sports</span></a><span style="font-weight: 400;">.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;"><span style="font-weight: 400;">Do you like or dislike how different the NBA is every year?</span></span><br />
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The NBA will have its 8th different champion in the last 8 years. It had never been 7 straight until last year.</p>
<p>???<br />Thunder<br />Celtics<br />Nuggets<br />Warriors<br />Bucks<br />Lakers<br />Raptors</p>
<p>&mdash; Chris Vannini (@ChrisVannini) <a href="https://x.com/ChrisVannini/status/2060918892055212194?ref_src=twsrc%5Etfw">May 31, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">We haven't even had a repeat *conference champion* since 2019.</p>
<p>What a fascinating era of NBA hoops.</p>
<p>&mdash; Jason Timpf (@_JasonLT) <a href="https://x.com/_JasonLT/status/2060916559821013464?ref_src=twsrc%5Etfw">May 31, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></li>
</ul>
<h1><b>Ted Cruz and Maria Cantwell Look To 'Protect' College Sports</b></h1>
<p><a href="https://reason.com/2026/05/19/the-congressional-black-caucus-opposes-a-college-sports-bill-because-of-gerrymandering/"><span style="font-weight: 400;">After the failure of the SCORE Act in the House of Representatives</span></a><span style="font-weight: 400;">, there's a new bill on the Senate side to "protect" college sports. Sens. Ted Cruz (R–Texas) and Maria Cantwell (D–Wash.) introduced <a href="https://www.commerce.senate.gov/wp-content/uploads/2026/05/protect_college_sports_act.pdf">the Protect College Sports Act</a> on Wednesday. The bill is the NCAA's best chance yet (if only because every other effort has failed) to get its long-awaited help from Congress in wresting back control of college sports.</span></p>
<p><span style="font-weight: 400;">It's a wide-ranging bill that covers a lot of things you'd expect (name, image, and likeness [NIL] payments and transfer rules) and touches more aspects you probably wouldn't have thought Congress would weigh in on (conference realignment, coach movement, and scheduling of both college football and NFL games).</span></p>
<p><span style="font-weight: 400;">On transfers, the bill would only allow student-athletes to transfer schools once (additional transfers would require a season off, unless the athlete is transferring because their coach left or the school eliminated the team). Athletes would have a maximum of five years of eligibility for college sports, with exceptions for pregnancies, missionary work, military service, and any other reason approved en masse by the NCAA. Any athlete who's played professionally would have no eligibility (to oversimplify: prize money is allowed, salaries are not, and the NCAA would have discretion to decide what's allowed).</span></p>
<p><span style="font-weight: 400;">The NCAA and the College Sports Commission (formed in 2025) would have legal backing to enforce their NIL rules. That includes a "salary" cap, where schools would have $21.3 million to spend on their student-athletes across all sports. The College Sports Commission would basically be able to determine what payments are under-the-table NIL payments designed to go around the compensation cap. </span><a href="https://sports.yahoo.com/college-football/article/key-senators-strike-bipartisan-deal-on-sweeping-college-sports-reform-with-transfer-eligibility-and-cap-enforcement-152527197.html"><span style="font-weight: 400;">As Cruz described it</span></a><span style="font-weight: 400;">: "If it's fake NIL, if it is a booster just handing an athlete a bag of cash under the table, that is breaking the rules."</span></p>
<p><span style="font-weight: 400;">The bill also stops conference realignment in its tracks—at least for the Big Ten and SEC. Conferences with $1 billion in revenue in 2025 would not be allowed to merge or add members. (That restriction only applies to 2025 revenue, so even if revenue changes, it still only applies to those two conferences in perpetuity.)</span></p>
<p><span style="font-weight: 400;">It also includes the infamous "Lane Kiffin rule," where coaches and key staff are not allowed to leave for another team in the same season—not just for gameday coaching functions, but also for recruiting and other off-the-field purposes.</span></p>
<p><span style="font-weight: 400;">Conferences would be given an antitrust exemption to pool their media rights—if they want to. The smaller conferences would have to placate the Big Ten and SEC to get them involved, though. One thing that would probably stand in the way of a deal big enough to entice the Big Ten and SEC: If a certain basketball or football game is going to be shown exclusively on a streaming platform, the broadcaster would still have to make that game available in a university's market area "without charge" (i.e. on network TV or cable, even though people pay for cable—free content on a streaming platform would be allowed too). The Federal Communications Commission would oversee which local markets each school's games must be shown in. That's going to diminish the financial value of any deal offered by broadcasters to the conferences. Furthermore, any school in a conference that pools its media rights would fall under new rules over "traditional rivalry"—its football team could be required to play a certain team every four years or every year if the teams have played each other often enough in the past.</span></p>
<p><span style="font-weight: 400;">By law, student-athletes would be allowed to have an agent and wouldn't lose eligibility for hiring one. Agents for student-athletes would have to register with a state government and would have their fees </span><a href="https://x.com/heitner/status/2061408049512817031"><span style="font-weight: 400;">capped at 5 percent</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">It's not getting much media coverage, but the bill also requires various safety standards relating to concussions, heat injuries, asthma, and other ailments (by outsourcing these standards to various nongovernmental bodies, usually the NCAA). Medical personnel get "autonomous, unchallengeable authority to determine medical management and return to play decisions" in the bill's text, and "No coach or other nonmedical personnel of an institution may attempt to influence or disregard" those decisions.</span></p>
<p><span style="font-weight: 400;">If it passed, you could also say goodbye to a few more quirks in the NFL schedule: the NFL would not be allowed to broadcast on the first Friday in September (</span><a href="https://reason.com/2025/09/02/the-weird-law-that-keeps-the-nfl-off-most-friday-nights/"><span style="font-weight: 400;">as of now, it's the second</span></a><span style="font-weight: 400;">) or the third Saturday in December (as of now, it's the second). The college football season would also be legally required to end by January 8 every year, "to the extent practicable."</span></p>
<p><span style="font-weight: 400;">One thing the bill doesn't touch on, because movement in either direction would be a poison pill for either side of the aisle, is whether student-athletes are employees. Democrats generally want to see them designated as employees so that the athletes have collective bargaining rights and could form a union, while Republicans (and the NCAA) generally want the law to prevent that. Cantwell </span><a href="https://sports.yahoo.com/college-football/article/key-senators-strike-bipartisan-deal-on-sweeping-college-sports-reform-with-transfer-eligibility-and-cap-enforcement-152527197.html"><span style="font-weight: 400;">insists</span></a><span style="font-weight: 400;"> the collective bargaining debate is not over.</span></p>
<h1><b>The Consequences</b></h1>
<p><span style="font-weight: 400;">If you read all of that and thought, "Wow, it's kind of crazy that Congress is going to set the governing rules for a major sports entity," I'm with you. A lot of this feels like overreach that people would find crazy in other industries, even if you agree with the aims (like transfer rules—restricting athletes to one transfer is inevitably going to end up challenged in court, or with </span><a href="https://x.com/RedditCFB/status/2060051013261033483"><span style="font-weight: 400;">as many loopholes as Swiss cheese</span></a><span style="font-weight: 400;">).</span></p>
<p><span style="font-weight: 400;">Consider, for example, the health and safety standards. Obviously we want healthy athletes (even at your rival college). But giving "autonomous, unchallengeable" power to medical personnel seems like a reach. Perhaps your star running back takes a knock and is only feeling 95 percent ready to play in the national championship game, and there's a minuscule chance of a career-ending injury. If he wants to take the risk, and the coach wants to take the risk, the medical staff can still keep the player out—the coach is not even allowed to appeal and try to "influence" that decision.</span></p>
<p><span style="font-weight: 400;">The bill is wise to not directly set the safety standards on concussions and other ailments into law. But outsourcing those standards to the NCAA and other organizations doesn't mean we can trust them to stay up-to-date with the latest scientific findings.</span></p>
<p><span style="font-weight: 400;">Perhaps you hate conference realignment and are sick of the Big Ten and SEC expanding. Consider two possible loopholes to the bill. First, every other conference would still be allowed to merge and expand. In theory, every other conference could join together and start their own superleague without the Big Ten and SEC. Second, the bill doesn't actually stop the current schools of the Big Ten and SEC from forming a superleague—those schools could still leave the NCAA altogether for a newly formed entity.</span></p>
<p><span style="font-weight: 400;">What about the proposed salary cap? That's just asking for under-the-table deals, like the paper bags full of cash that were rumored to run recruitment in the days of college sports yore. As Ross Dellenger wrote </span><a href="https://sports.yahoo.com/college-football/article/key-senators-strike-bipartisan-deal-on-sweeping-college-sports-reform-with-transfer-eligibility-and-cap-enforcement-152527197.html"><span style="font-weight: 400;">in great coverage of the bill</span></a><span style="font-weight: 400;"> for </span><i><span style="font-weight: 400;">Yahoo Sports</span></i><span style="font-weight: 400;">, "Next year, each school has $21.3 million to spend on all of their athletes, but many programs, in order to achieve an advantage in a competitive recruiting environment, have redirected corporate sponsor cash to their rosters disguised as third-party NIL — compensation that doesn't count against the cap." You might think it's wise for a cap to slow down the arms race on NIL payments, but market value always prevails—the cap is just going to move the payments into the darkness.</span></p>
<p><span style="font-weight: 400;">Likewise, the "Lane Kiffin rule" is obviously unworkable. Coaches will reach under-the-table deals to upgrade to bigger schools that will just get finalized on the first day allowed. They'll zone out of their current job and start backchannel communications with recruits and their agents for their new . The rule is possibly unconstitutional anyway under other employment laws. The NCAA has failed to enforce its own rules for decades. Why do we think it would successfully enforce this one?</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I continue to be gobsmacked that someone of Ted Cruz's political background is promoting the idea that the federal government should <br /> dictate the hiring cycle of a non-government entity. It's not only absurd, it's kind of frightening. <a href="https://t.co/lH2dvFV0Sf">https://t.co/lH2dvFV0Sf</a></p>
<p>&mdash; Dan Wolken (@DanWolken) <a href="https://x.com/DanWolken/status/2060331853656080614?ref_src=twsrc%5Etfw">May 29, 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;">There's also the rule that keeps athletes who have played professionally from returning to college sports. This made a lot more sense when the NCAA had strict amateurism rules—now it's a bit rich considering the payments players are getting to be good at sports. It's essentially saying: "Yes, you got paid to be good at sports. But you weren't paid by us, <a href="https://redstormsports.com/news/2026/5/18/mens-basketball-st-johns-inks-international-standout-quinn-ellis">you were paid by some Italians</a>, so you're banned."</span></p>
<p><span style="font-weight: 400;">The bill has some good reforms, to be fair, but they're mostly codifying certain things that are already happening anyway (like NIL payments and the right to hire an agent). One major improvement is the antitrust exemption, which allows conferences to pool their media rights together—but even that comes with a ton of restrictions.</span></p>
<p><span style="font-weight: 400;">Congress should not be managing the NCAA just because the organization failed to manage itself for decades. Imagine if Congress got involved in MLB in the 1960s and said the league couldn't let the American League and National League <a href="https://en.wikipedia.org/wiki/American_League#Interleague_play,_and_merger">merge for business purposes</a>, or that they couldn't expand or let teams relocate. What if the NBA said "Our tanking problem is out of control, Congress can you please fix the draft lottery for us?" Congress is trying to micromanage football schedules when it should be trying to assert its authority over <a href="https://reason.com/2026/02/11/the-house-just-reclaimed-its-tariff-power-from-trump-now-congress-can-try-to-strike-down-his-canada-tariffs/">trade</a> and <a href="https://reason.com/2026/05/22/war-powers-vote-is-the-latest-embarrassment-for-house-speaker-mike-johnson/">military actions</a>. Instead of the economy or life-and-death issues, they're spending their time on what is basically an entertainment industry that exists to promote colleges to prospective students.</span></p>
<h1><b>Will the Bill Pass?</b></h1>
<p><span style="font-weight: 400;">I'm not saying you should disregard all of this, but the bill probably won't pass, at least not as it currently stands. Even if it fails, another effort to reform college sports will come up in the future that will include many of these ideas.</span></p>
<p><span style="font-weight: 400;">Sportswriter Jesse Dougherty </span><a href="https://x.com/dougherty_jesse/status/2059742728557043888"><span style="font-weight: 400;">talked to sources on Capitol Hill for</span></a><span style="font-weight: 400;"> insights on whether the bill can pass. Many were waiting to see how Sen. Chris Murphy (D–Conn.) weighed in, since he often sets the tone for progressives in the Senate. Murphy eventually </span><a href="https://www.murphy.senate.gov/newsroom/press-releases/murphy-statement-on-the-protect-college-sports-act"><span style="font-weight: 400;">released a statement</span></a><span style="font-weight: 400;"> that said: "We are all still reading this bill&hellip;but this seems like a great deal for the NCAA and the rich guys who run college sports, and a bad deal for athletes." It seems like a safe bet the Congressional Black Caucus will agree with him, </span><a href="https://reason.com/2026/05/19/the-congressional-black-caucus-opposes-a-college-sports-bill-because-of-gerrymandering/"><span style="font-weight: 400;">since gerrymandering is still a thing</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Combine progressive opposition with the fact that most of the powerful schools don't want it. The SEC </span><a href="https://x.com/ByPatForde/status/2060053672457916883"><span style="font-weight: 400;">came out strong against the bill</span></a><span style="font-weight: 400;"> (at least on the pooling of media rights), and only a few people affiliated with Big Ten and SEC schools have </span><a href="https://x.com/WinterSportsLaw/status/2061491925870387304"><span style="font-weight: 400;">come out in support</span></a><span style="font-weight: 400;">. If the athletic departments, administrators, alumni, and boosters for the biggest, most powerful schools in the South and Midwest are all yelling at their members of Congress to oppose the bill, it's going to be an uphill battle.</span></p>
<p><span style="font-weight: 400;">If you were looking at this issue from a purely left-right perspective, though, Republicans might want to take this deal. It accomplishes much of what they want, and it seems unlikely that congressional Republicans will have more power after the 2026 midterm elections, and probably not after the 2028 elections either. (I shudder to think of what a Democratic trifecta under President Alexandria Ocasio-Cortez would do to college sports.)</span></p>
<p><span style="font-weight: 400;">On Wednesday morning, Cruz and the Senate Commerce Committee will </span><a href="https://www.commerce.senate.gov/meetings/protecting-college-sports-supporting-student-athletes-restoring-fair-competition-and-saving-the-games-fans-love/"><span style="font-weight: 400;">hold a hearing about the bill</span></a><span style="font-weight: 400;"> featuring </span><a href="https://x.com/RossDellenger/status/2061532738667085966"><span style="font-weight: 400;">testimony by</span></a><span style="font-weight: 400;"> Nick Saban, Notre Dame's athletic director, former president of Ohio State and other universities Gordon Gee, the Pac-12 commissioner (yes, it still exists!), and a Utah football player. It will be interesting to see what each senator says about the bill and to parse the questions they ask witnesses.</span></p>
<h1><b>Who You Got?</b></h1>
<p><span style="font-weight: 400;">Now for the fun part: Who are you rooting for in the NBA and Stanley Cup finals? </span><a href="https://forms.gle/5hp9Ev9hsRQjj2Eb7"><span style="font-weight: 400;">Fill out this survey here and let me know</span></a><span style="font-weight: 400;">. I'll share the results next week.</span></p>
<p><span style="font-weight: 400;">I, for one, am extremely begrudgingly rooting for the San Antonio Spurs. </span><a href="https://reason.com/2025/05/13/draft-lotteries-suck-for-die-hard-fans/"><span style="font-weight: 400;">I hate</span></a> <a href="https://reason.com/2025/05/20/how-to-kill-draft-lotteries-without-encouraging-tanking/"><span style="font-weight: 400;">draft lotteries</span></a><span style="font-weight: 400;">, as I've said before, and I hated them even before the 2023 lottery balls fell in favor of the Spurs and sent Victor Wembanyama to Texas when he should have been drafted by my Detroit Pistons, </span><a href="https://en.wikipedia.org/wiki/2022%E2%80%9323_Detroit_Pistons_season"><span style="font-weight: 400;">who just sucked</span></a><span style="font-weight: 400;"> (Detroit was </span><a href="https://en.wikipedia.org/wiki/Detroit#French_era_(1701%E2%80%931760)"><span style="font-weight: 400;">founded by the French</span></a><span style="font-weight: 400;">, after all!). But I find the celebrity and mass support for the Knicks too cloying, and it remains very funny to me that the Knicks haven't won a title since 1973 and the city hasn't won an MLB, NBA, NFL, or NHL title since 2012 (and that team, the Giants, play in New Jersey). Funny enough, I remember a young Jason avidly rooting for the Knicks over the Spurs in 1999, and being very sad when Latrell Sprewell missed a last-second shot that clinched it for the Spurs.</span></p>
<p><span style="font-weight: 400;">As for the Stanley Cup Finals, I am much more pleased to root for the Carolina Hurricanes. Coach Rod Brind'Amour played at Michigan State, who I root for. They've won the Stanley Cup once, but it was 20 years ago. Lately they've made the playoffs eight years in a row but have no Cup to show for it, so I feel like they've earned it thanks to consistency. Vegas, meanwhile, I hold a grudge against for doing so well in their inaugural season, has a coach I don't like (plus I'd rather not set a good example for other teams thinking about firing their coach in the closing weeks of the regular season), and in the past has taken advantage of some sketchy injured reserve usage and salary cap tactics.</span></p>
<p><span style="font-weight: 400;">Whoever you're rooting for, </span><a href="https://docs.google.com/forms/d/e/1FAIpQLSfR3MQszG46BfhMomdxSx_mTDcYRXTXHD9nE4e69mRxUmYDCA/viewform"><span style="font-weight: 400;">take 2 seconds to vote in the survey</span></a><span style="font-weight: 400;">, and feel free to explain why.</span></p>
<h1><b>Replay of the Week</b></h1>
<p><span style="font-weight: 400;">I won't have many opportunities to brag about Detroit sports for a while, so please indulge me for some back-to-back-to-back home runs.</span></p>
<p><iframe loading="lazy" title="Back-to-back-to-back home runs for the Tigers (Dingler, Carpenter, Greene) &#x1f6a8; | MLB Highlights" width="500" height="281" src="https://www.youtube.com/embed/a7xryDloPx0?start=100&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;">That's all for this week. Enjoy watching the real event of the weekend—who needs college sports when you've got the American Cornhole League's </span><a href="https://www.espn.com/watch/player/_/id/48f1e33a-1e06-4cdb-83f8-2ac1c1281401"><span style="font-weight: 400;">Fort Worth Signature Open</span></a><span style="font-weight: 400;">?</span></p>
<p>The post <a href="https://reason.com/2026/06/02/the-protect-college-sports-act-trades-ncaa-chaos-for-federal-overreach/">The Protect College Sports Act Trades NCAA Chaos for Federal Overreach</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: National Collegiate Athletic Association/Yuri Gripas - via CNP/Polaris/Gent Shkullaku/ZUMAPRESS/Newscom/Jiawangkun/Aspenphoto/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Against a blue background with the NCAA logo, a collage image with photographs of Sen. Ted Cruz, Sen. Maria Cantwell, a hockey player, and a basketball player.]]></media:description>
		<media:title><![CDATA[Cruz-Cantwell-NCAA-v1]]></media:title>
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		<entry>
					<author>
			<name>Carrie McKean</name>
							<uri>https://reason.com/people/carrie-mckean/</uri>
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					<title type="html"><![CDATA[
				Understanding Vaccine Hesitancy			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/understanding-vaccine-hesitancy/" />
		<id>https://reason.com/?p=8385058</id>
		<updated>2026-06-02T15:32:10Z</updated>
		<published>2026-06-02T15:32:10Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Religion" /><category scheme="https://reason.com/latest/" term="Science" /><category scheme="https://reason.com/latest/" term="Vaccine mandates" /><category scheme="https://reason.com/latest/" term="Vaccines" /><category scheme="https://reason.com/latest/" term="History" />		<summary type="html"><![CDATA[Unlike many people who tackle this topic, Kira Ganga Kieffer treats the vaccine-hesitant with respect and curiosity, not contempt.]]></summary>
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		<p><a href="https://www.amazon.com/exec/obidos/ASIN/0691224668/reasonmagazinea-20/"><i><span style="font-weight: 400;">Unvaccinated Under God: Religion and Vaccine Hesitancy in Modern America</span></i></a><i><span style="font-weight: 400;">, by Kira Ganga Kieffer, Princeton University Press, 304 pages, $29.95</span></i></p> <p><span style="font-weight: 400;">In </span><i><span style="font-weight: 400;">Unvaccinated Under God</span></i><span style="font-weight: 400;">, Kira Ganga Kieffer unpacks the recent history of vaccine hesitancy in America. Kieffer, a religious studies scholar at Fairfield University, offers a way to understand hesitancy itself as a form of religious expression, even when it arises among people not bound by particular spiritual traditions.</span></p> <p><span style="font-weight: 400;">Unlike many people who tackle this topic, Kieffer treats the vaccine-hesitant with respect and curiosity, not contempt. As a result, the book leaves you not seething in rage but a little sad, the same way you might feel if your grandmother's vase shattered into a million pieces: wistful for what was before and resigned to the fact that it may never be that way yet again.</span></p> <p><span style="font-weight: 400;">Kieffer opens in the 1980s, when worries about the safety of the DPT vaccine prompted parents to lobby for a safer vaccine and informed consent. They had reasonable concerns: As she notes, data in medical journals from the 1940s through the '80s showed that the pertussis portion of the DPT shot "increased a vaccine recipient's risk of developing encephalitis, or brain inflammation." To show how vaccine hesitancy can be understood as religious expression, Kieffer unpacks what she calls "vaccine-injury conversion narratives": personal testimonials from families whose children suffered brain damage after the shot. These narratives echo the sort of I-once-was-lost-but-now-I'm-found stories that show up on testimony night after a Wednesday-night church potluck.</span></p> <p><span style="font-weight: 400;">The next section, on the fear of a vaccine-autism link, traces how the "implicit religiosity" of three cultural trends of the early 2000s—natural health, alternative spirituality, and intensive mothering—collided with other shifts in American culture, including rising individualism and growing distrust for authority. Like two weather systems meeting over Kansas, this collision produced a cultural tornado: a movement of mothers who valued their own intuition and moral certainty over mainstream views of the MMR vaccine. The doctors believed they'd provided more than ample scientific evidence demonstrating that the mercury in the shot couldn't possibly cause autism. The mothers disagreed, and their belief got mixed with a fear that injecting foreign substances into their children's pure bodies could cause "biological, psychological or spiritual disruption." It didn't help that at this stage, most experts didn't try very hard to thoughtfully engage with the mothers' sincere questions. The schism grew.</span></p> <p><span style="font-weight: 400;">Kieffer also devotes a chapter to the Gardasil vaccine, where the religiously based objections were fairly straightforward, given that the vaccine protects against a sexually transmitted disease. Another chapter explores how a history of medical racism fostered vaccine hesitancy in minority communities. One of the most interesting chapters compares and contrasts the public health and media response to measles outbreaks among four distinct communities.</span></p> <p><span style="font-weight: 400;">The four case studies involve a white, conservative evangelical megachurch in Dallas; a Somali-American Muslim community in Minneapolis; an ultra-Orthodox Jewish community in New York; and New York's Green Meadow Waldorf School, a well-educated enclave of holistic, progressive families who didn't subscribe to traditional religious beliefs but articulated their vaccine objections in the language of religious exemption. Though the measles saw no difference among its victims and the outbreaks began within a span of nine years (2011–2019), the experts tasked with managing outbreaks and the media telling their stories "regarded some groups as legitimate and others as illegitimate in their vaccine hesitancy." The press treated the Somalis, for example, as "helpless victims of misinformation and manipulation" who therefore "deserved empathy and education," while the evangelicals and Jews were hit with "moral shaming for displaying 'willful ignorance.'" Even the experts use extra-scientific values, some held with religious-like ardor, when navigating the complexities of life.</span></p> <p><span style="font-weight: 400;">Throughout those chapters, Kieffer avoids the easy tropes that often replace meaningful understanding, a lesson I wish more in the medical establishment would learn. Rather than framing vaccine hesitancy as "simply oppositional to science," Kieffer recognizes that it stems from "critical perspectives on authority" and on "where knowledge derives, who is most in charge, and what really matters." But she has trouble sticking to this objective position when she gets to COVID: She attributes vaccine opposition then to "conservative identity politics, in which primarily White conservative Christians questioned the validity of public health and biomedical authority."</span></p> <p><span style="font-weight: 400;">Kieffer looks at not just vaccines but masking, social distancing, and quarantining through this narrow lens, not recognizing that dissenters came from diverse ideological camps—and that sometimes they were right. Shutting down schools really did </span><a href="https://reason.com/2024/03/01/more-evidence-that-covid-school-closures-wrecked-student-performance/"><span style="font-weight: 400;">harm students</span></a><span style="font-weight: 400;">, for example, and the virus may well have originated in a </span><a href="https://reason.com/podcast/2026/05/15/cia-whistleblower-reveals-covid-lab-leak-cover-up/"><span style="font-weight: 400;">Chinese lab</span></a><span style="font-weight: 400;"> after all. The "dystopic vision," as she calls it, of a world dictated by authoritarians who control supply chains and restrict freedom of movement wasn't just</span> <span style="font-weight: 400;">the stuff of right-wing conspiracy theories; people watched what happened in </span><a href="https://www.wired.com/story/china-social-credit-coronavirus/"><span style="font-weight: 400;">China</span></a><span style="font-weight: 400;"> and </span><a href="https://www.thefp.com/p/what-the-truckers-want"><span style="font-weight: 400;">Canada</span></a><span style="font-weight: 400;"> and worried about similar controls coming to the U.S.</span></p> <p><span style="font-weight: 400;">Kieffer isn't </span><i><span style="font-weight: 400;">wrong</span></i><span style="font-weight: 400;"> that "MAGA media outlets framed lockdowns as assaults on personal liberties," but that isn't the whole story, and her COVID chapter would have been stronger if she'd spent more time taking dissenters seriously. For example, many conservatives' objections weren't just about personal liberty but were rooted in communal concerns as well: the well-being of schoolchildren, of people whose work was deemed "nonessential," and of elderly people in nursing homes turned solitary confinement units. She deep-dives into various fringe conspiracy theories, such as the notion that COVID vaccines turn people queer—an idea I'd never heard before, and I thought I'd heard every coronavirus conspiracy theory under the sun—without spending even a paragraph addressing, say, objections to vaccine mandates for young men at an </span><a href="https://www.cbsnews.com/news/fda-covid-vaccine-mrna-heart-side-effects-warning-label/"><span style="font-weight: 400;">increased risk for myocarditis</span></a><span style="font-weight: 400;">, or the ways reasonable COVID dissenters were </span><a href="https://www.thefp.com/p/a-ragtag-group-of-covid-truth-tellers"><span style="font-weight: 400;">belittled, ostracized, and professionally discredited</span></a><span style="font-weight: 400;">. These failures of discourse make it even more clear why society needs to make space for conscientious objectors and dissenters, no matter how outlandish their ideas might seem to people more comfortable with the status quo.</span></p> <p><span style="font-weight: 400;">Kieffer's book also suffers from a perennial problem in modern religion reporting: It allows the rather capacious and nebulous category of MAGA-populist-Christian-nationalist to stand in as a synonym for evangelicals. There are millions of faithful American Protestants—politically conservative evangelicals, even—who vaccinate their children and do not elevate "oppositional positions toward the government" as a marker of spiritual fidelity. Indeed, many of the Americans she is describing have a penchant for individual spirituality rather than submitting to the strictures of organized religion. People often take religious exemptions from vaccine requirements because that is the only pathway of personal liberty available to them, not because their pastor told them to. Deeply held religious beliefs about the collective good, formed and taught in traditional faith communities, are </span><i><span style="font-weight: 400;">not</span></i><span style="font-weight: 400;"> what discipled them to disregard expert instructions to vaccinate their children. They arrived at that decision because of deeply held beliefs that elevate personal autonomy and self-determination and intuitive decision-making above all.</span></p> <p><span style="font-weight: 400;">The book reads at times like an autopsy following the death of our shared sense of the collective good. But it does not offer a bridge back together, even amid signs that the chasm is growing ever more devastatingly wide. (For example, some parents are now refusing the long-established Vitamin K shot, out of what </span><i><span style="font-weight: 400;">ProPublica</span></i> <a href="https://www.propublica.org/article/more-parents-decline-vitamin-k-shot-newborns"><span style="font-weight: 400;">calls</span></a><span style="font-weight: 400;"> a "</span><span style="font-weight: 400;">well-meaning but ill-informed abundance of caution." The refusal can result in a newborn's death due to being unable to clot if they experience sudden brain bleeding.) </span><span style="font-weight: 400;">Shining a light on the beliefs driving the vaccine-hesitant movement is helpful to build understanding; but to bridge the divide, we need to do the same for the deeply held beliefs animating the other end of the spectrum as well.</span></p> <p><span style="font-weight: 400;">Instead in those powerful places, where public health decisions are made, the loudest and most ardent experts often claim they just </span><i><span style="font-weight: 400;">believe the science</span></i><span style="font-weight: 400;">, though they frequently lack scientific curiosity about people who disagree with them. As Kieffer demonstrates, even the experts are making their </span><i><span style="font-weight: 400;">own</span></i><span style="font-weight: 400;"> moral judgements. Admitting that, along with practicing some intellectual humility, would do more to help rebuild trust and recover vaccination rates than obstinately doubling down on strong-arm tactics. But that would be difficult indeed. As my own faith tradition teaches, you cannot force someone to love you. Genuine expressions of self-sacrifice and other-centered love are born only out of free will.</span></p><p>The post <a href="https://reason.com/2026/06/02/understanding-vaccine-hesitancy/">Understanding Vaccine Hesitancy</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Princeton University Press]]></media:credit>
		<media:description type="html"><![CDATA[A mother holding the hand of her child]]></media:description>
		<media:title><![CDATA[Unvaccinated-6-2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Unvaccinated-6-2-1200x675.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[
				New in Civitas: "The Roberts Court Needs To Reboot The Machinery Of Death"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/new-in-civitas-the-roberts-court-needs-to-reboot-the-machinery-of-death/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385066</id>
		<updated>2026-06-02T15:27:14Z</updated>
		<published>2026-06-02T15:27:14Z</published>
					<summary type="html"><![CDATA["The way for judges to stop tinkering with the machinery of death is to stop tinkering with the machinery of death."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/new-in-civitas-the-roberts-court-needs-to-reboot-the-machinery-of-death/">
			<![CDATA[<p>The Roberts Court seems to be methodically scaling back the excesses of the Burger Courts. But one area that has not yet been revisited is the death penalty. Despite the Court imposing "history and tradition" tests for other aspects of the Bill of Rights, the Eighth Amendment still follows the "evolving standards of decency" standard. This sort of living constitutionalism is an anathema to the notion of a written Constitution. One of the most egregious manifestations of this standard was <em>Atkins v. Virginia</em>. This standard was egregiously wrong and has proven impossible to implement. And murderers with purported intellectual disabilities cannot plausibly rely on this or any other Supreme Court precedent. Yet <em>Atkins </em>remains. Just last month the Court DIG'd <em>Hamm v. Smith</em>, I suspect, because Justices Kavanaugh and Barrett didn't want to decide it. I suspect there will be leaks from the Court to <a href="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/">make sense of this flip</a>.</p>
<p>The Court needs to start over on the Eighth Amendment. Or in today's lingo, they need a reboot. My new essay in <em>Civitas Outlook</em> is titled, "<a href="https://www.civitasoutlook.com/research/the-roberts-court-needs-to-reboot-the-machinery-of-death-1b401bdd-d98e-461c-97dc-63de34cdf6e6">The Roberts Court Needs To Reboot The Machinery Of Death</a>."</p>
<p>Here is the introduction:</p>
<blockquote><p>In the span of one year, the Burger Court created a constitutional contradiction. <em>Furman v. Georgia</em> (1972) proclaimed that the Eighth Amendment prohibits states from terminating the life of murderers. One year later, <em>Roe v. Wade</em> (1973) ruled that the Fourteenth Amendment prohibits states from protecting the life of the unborn. Both rulings represented the heights of judicial hubris. The Justices, and not the elected branches, would decide who could live and who could die. Neither ruling was even remotely plausible as an originalist matter. Both rulings led to chaos and uncertainty in the law.</p>
<p>While the Supreme Court would not revisit Roe for nearly two decades, the Court returned to the death penalty four years later. In the face of a popular backlash, the Court in <em>Gregg v. Georgia</em> (1976) allowed the states to resume executions. But this decision still allowed the judiciary to superintend capital punishment based on "evolving standards of decency." This sort of living constitutionalism is an anathema to the notion of a written Constitution. But worse still, this standard gives liberal elites who define "decency" the power to define our justice system. This regrettable standard persists to the present. Just last week, the Supreme Court declined to resolve a capital case where mental health professionals insisted that a cold-blooded killer could not be executed because one of his five IQ scores may have been too low. The Court owes the victims of brutal murders and the Constitution far better. The machinery of death needs a reboot.</p></blockquote>
<p>And the conclusion:</p>
<blockquote><p>Given the ham-handed dismissal in <em>Hamm</em>, state Attorneys should go on offense. They should ask the Court to reverse <em>Gregg,</em> <em>Atkins</em>, and all related cases in every petition and cross-petition. The states need a power saw to remove this doctrine root and branch. The Court should once and for all eliminate the evolving standards test. The Eighth Amendment should be interpreted in an originalist fashion like the rest of the Bill of Rights. IQ tests did not exist in 1787, yet our framers somehow managed to execute people. States are free to impose greater restrictions on capital punishment or ban it altogether. But this issue is not for the judiciary to decide. <em>Gregg v. Georgia </em>should meet the same fate as other discarded Burger Court precedents like <em>Roe</em>, <em>Bakke</em>, <em>Chevron</em>, <em>Lemon</em>, and the list goes on.</p>
<p>Two decades after <em>Gregg</em>, Justice Harry Blackmun concluded that all forms of capital punishment were unconstitutional. Blackmun, the author of <em>Roe v. Wade</em>, may have been President Nixon's greatest mistake. Watergate was over in a few years, but Blackmun's judicial impact stretched two decades. In <em>Callins v. Collins</em> (1994), Blackmun declared, "From this day forward, I no longer shall tinker with the machinery of death." Blackmun got it exactly backwards. Judicial abolition of the death penalty was the problem, not the solution. The way for judges to stop tinkering with the machinery of death is to stop tinkering with the machinery of death. The Roberts Court should reboot the machinery of death, and get the judiciary out of this interminable quagmire.</p></blockquote>
<p>The entire Eighth Amendment jurisprudence has been an abject failure at every level. In my mind, the most perverse aspect of the abolition movement is that so much effort is aimed at helping the most gruesome murderers, even as defendants who committed far less serious offenses with a greater chance of success are severely underrepresented. States are free to abolish capital punishment, and the federal courts should exit this thicket.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/new-in-civitas-the-roberts-court-needs-to-reboot-the-machinery-of-death/">New in Civitas: &quot;The Roberts Court Needs To Reboot The Machinery Of Death&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Suggestion That Rabbi Endorses Jews for Jesus May Be Defamatory			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/suggestion-that-rabbi-endorses-jews-for-jesus-may-be-defamatory/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385037</id>
		<updated>2026-06-02T13:32:37Z</updated>
		<published>2026-06-02T13:32:37Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" /><category scheme="https://reason.com/latest/" term="Religion and the Law" />		<summary type="html"><![CDATA[From Amitay v. Jews for Jesus, decided Thursday by the California Court of Appeal (Justice Marla Miller, joined by Justices&#8230;
The post Suggestion That Rabbi Endorses Jews for Jesus May Be Defamatory appeared first on Reason.com.
]]></summary>
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			<![CDATA[<p>From <a href="https://urldefense.com/v3/__https:/www4.courts.ca.gov/opinions/nonpub/A174056.PDF__;!!G92We9drHetJ8EofZw!f6fF68vmD8iJJvDZSBsPu4OT-OJrzkk4VBOJRLExSPH0foKRZXN7zKjUdjuefpXO9OWaFmN7v5-SCvGh$" data-outlook-id="57aed94f-f0ed-492d-a33e-501011df9bd3"><em>Amitay v. Jews for Jesus</em></a>, decided Thursday by the California Court of Appeal (Justice Marla Miller, joined by Justices James Richman and Tara Desautels):</p>
<blockquote><p>In December 2023, JFJ posted on its social media pages, including on Facebook and Instagram, a blurred photograph of an Israeli soldier wearing a yarmulke. Above the photograph was the following text attributed to "Nachman": "'Thank you for leaving at my home a copy of the New Testament. I look forward to reading it when I return home from the war'—Nachman, a young Haredi soldier." {Haredim are sometimes referred to as 'ultra-Orthodox,' although this term may be considered objectionable."} {Some of the posts went on to state: "One of the ways that God provides for His people is through the generosity of other people around the World, like you. Because of your support, we were able to give a copy of the New Testament to Nachman and more than 1,000 Israelis in 2023!"}</p>
<p>Amitay filed a complaint against JFJ, attaching screenshots of JFJ's posts. He alleged that the photographs posted by JFJ were photographs of him, that they had been posted without his consent, and that defendant had defamed him &hellip;. Amitay alleged that he was a Jewish Orthodox rabbi who had "dedicated his life to the study of the Jewish Orthodox faith and committed many years studying to become a rabbi," recounting about a dozen years of study.</p>
<p>He had finally gotten a job teaching at an institution in Israel where he had worked for two years, a position he described as his "dream job." His job "suddenly came to an end as he was terminated &hellip; due to an egregious act by JFJ," namely, "upload[ing] photos of Amitay on [its] social media pages." He alleged: "JFJ posted a picture of [him] on their website giving the appearance that he supports JFJ's cause. Not only was a photo uploaded, but the post included a caption also falsely expressing that [he] supported JFJ's religious views." Amitay alleged that he is "an Orthodox Jew, a more traditional branch of Judaism, which [has] starkly different views from JFJ." He "never before associated with JFJ and disagrees with their religious views." &hellip;</p>
<p>Amitay alleged that when his employer "saw the pictures posted online," they "expressly stated that his termination was due to the posts online of him supporting JFJ, and that they could not condone or be associated with someone involved with JFJ or their views." Amitay alleged that the posts were false because Amitay "has no affiliation with [JFJ] &hellip; and disagrees with [JFJ's] religious views." &hellip;</p></blockquote>
<p><span id="more-8385037"></span></p>
<blockquote><p>Amitay also submitted third party declarations. Chaim Chadad, who described himself as "a friend and acquaintance," declared: "I saw the picture and it seems that [Amitay] writes there in favor of Christianity for a non-profit organization named Jews for Jesus." Another friend of Amitay, David Menachem Mundel Shaher, declared: "When I saw the picture of [Amitay] with a caption to the effect that he believed in a false god, I was shocked, and it is impossible to express the extent of my shock." A rabbi in the Israeli army declared: "I saw a picture of Ariel Amitay in the [social] media, and I was shocked that an observant Jew would write in support of Christianity for all to see&hellip;. This is contrary to his role as a religious Jew &hellip;." &hellip;</p></blockquote>
<p>The appellate court held that the case could go forward. Some excerpts:</p>
<blockquote><p>JFJ's second argument is that the posts "do not reference Amitay &hellip; by clear implication" because JFJ "blurred [his] face;" in other words, Amitay fails to sufficiently allege that the posts are of and concerning him. We disagree. In order to satisfy the "of and concerning" requirement, "the plaintiff must effectively plead that the statement at issue either expressly mentions him or refers to him by reasonable implication." Here, as pleaded, the quote in the posts can be reasonably understood to refer to the person in the juxtaposed photograph, and Amitay has sufficiently alleged that he is the person in the photograph&hellip;.</p>
<p>JFJ contends that "libel per quod requires plaintiff to plead and prove that the publisher <em>intended</em> the words to impute wrongdoing to plaintiff[,]" citing <em>Palm Springs Tennis Club v. Rangel</em> (Cal. App. 1999). However, we decline to impose an intent requirement, which is contrary to "the great weight of authority" including our own prior decision. (See <em>White v. Valenta</em> (Cal. App. 1965) [requiring the plaintiff to prove the defendant <em>intended</em> the defamatory meaning "is contrary to other cases [citations] and the great weight of authority"]; <em>Carl v. McDougall</em> (Cal. 1919) ["If the words were slanderous, the intention with which they were used is immaterial &hellip;"].) &hellip;</p>
<p>Amitay has presented admissible evidence that JFJ made statements to third persons who reasonably understood the statements to be about Amitay. [T]he reasonable inference from [witnesses'] statements is that each of these individuals saw the picture of Amitay in one of JFJ's posts, recognized Amitay in the picture, and attributed to Amitay the words quoted &hellip;.</p>
<p>Second, Amitay has presented admissible evidence that others understood the posts to have a defamatory meaning, namely, that Amitay was supporting JFJ or its faith. (See <em>Taus v. Loftus</em> (Cal. 2007) ["The tort of defamation 'involves (a) a publication that is &hellip; (c) defamatory &hellip;.' [Citation.]"]; Civ. Code, § 45 ["Libel is a &hellip; publication &hellip; which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation"].)</p>
<p>Chadad declared: "[I]t seems that [Amitay] writes there in favor of Christianity for a non-profit organization named Jews for Jesus. I &hellip; was surprised that an educator would speak against Judaism &hellip;. This is unacceptable &hellip;. This caused me to distance myself from him for a period &hellip;." Rabbi Eichel stated: "I saw a picture of Ariel Amitay in the [social] media, and I was shocked that an observant Jew would write in support of Christianity for all to see&hellip;. This is contrary to his role as a religious Jew, and it is testimony to his mental instability." Shaher declared that he "saw the picture of Ariel with a caption to the effect that he believed in a false god" and "there is no place in the community for such a person or for his children." A reasonable inference is that Shaher understood the posts to mean that Amitay had expressed support for the evangelistic views of JFJ&hellip;.</p></blockquote>
<p>JFJ contends for the first time on appeal that "deciding whether Jews for Jesus harmed Amitay's reputation and standing would require the factfinder to improperly entangle itself in the tenets of Orthodox Judaism." &hellip; We conclude that JFJ waived this contention for purposes of its anti-SLAPP motion. Even if we considered JFJ's untimely argument, the argument is not persuasive&hellip;.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/suggestion-that-rabbi-endorses-jews-for-jesus-may-be-defamatory/">Suggestion That Rabbi Endorses Jews for Jesus May Be Defamatory</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</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[
				Trump's Ennui			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/trumps-ennui/" />
		<id>https://reason.com/?p=8384886</id>
		<updated>2026-06-02T13:27:59Z</updated>
		<published>2026-06-02T13:30:40Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Reason Roundup" />		<summary type="html"><![CDATA[Plus: California's races, how not to blow an inheritance, life extension hits the wall, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/02/trumps-ennui/">
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		<p><strong>Benjamin Netanyahu listened, kinda sorta</strong>: The Israeli military has stopped striking Beirut, seemingly buckling under pressure from President Donald Trump and others to deescalate lest a regional ceasefire be threatened. (Iran will not make a deal if Israel continues to strike allies.) Still, Israel's prime minister has decided to maintain the military offensive against Hezbollah in the south of Lebanon, issuing new evacuation orders Tuesday for Nabatieh, one of the region's largest cities, indicating that more strikes will follow.</p>

<p>"Trump later said on social media that Israel and Hezbollah had <a class="css-yywogo" title="" href="https://www.nytimes.com/live/2026/06/02/world/iran-war-trump-israel-lebanon#trump-iran-israel-hezbollah">agreed to stop their attacks on each other</a>," <a href="https://www.nytimes.com/live/2026/06/02/world/iran-war-trump-israel-lebanon/heres-the-latest?smid=url-share">reports</a> <em>The New York Times</em>, "while the Lebanese government—which does not include or control Hezbollah—said a new truce was taking shape."</p>
<p>"I spoke with President Trump tonight," <a href="https://www.nytimes.com/live/2026/06/02/world/iran-war-trump-israel-lebanon/heres-the-latest?smid=url-share">said</a> Netanyahu yesterday, "and told him that if Hezbollah doesn't cease its attacks on our cities and civilians—Israel will strike terror targets in Beirut. This position of ours remains." Everything looks very tenuous right now, and so naturally Trump is&hellip;losing interest!</p>
<p><strong>As for Iran: </strong>"I don't care if they're over, honestly," <a href="https://www.cnbc.com/2026/06/01/trump-iran-war-negotiations-oil-israel-interview.html">said</a> Trump, referring to peace talks with Iran. "I really don't care. I couldn't care less," Trump told CNBC on Monday, saying the negotiations "started to get very boring." (Reminds me of his wife's <a href="https://www.cnn.com/2018/10/13/politics/melania-trump-jacket-i-really-dont-care-do-u">iconic jacket</a> that she wore to a&hellip;<a href="https://www.esquire.com/news-politics/a23760074/melania-trump-i-really-don-t-care-jacket/">migrant detention center</a>.)</p>
<p>"Iran really wants to make a deal, and it will be a good one for the U.S.A. and those that are with us," <a href="https://truthsocial.com/@realDonaldTrump/posts/116673094140159291">wrote</a> Trump on Truth Social yesterday. "But don't the Dumocrats, and various seemingly unpatriotic Republicans, understand that it is MUCH tougher for me to properly do my job and negotiate, when political hacks keep negatively 'chirping,' at levels never seen before, over and over again, that I should move faster, or move slower, or go to war, or not go to war, or whatever. Just sit back and relax, it will all work out well in the end - It always does!"</p>
<p>The White House is trying to make this a catchphrase:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">TRUST IN TRUMP.</p>
<p>&quot;Just sit back and relax, it will all work out well in the end - It always does!&quot; - President Donald J. Trump. <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f1fa-1f1f8.png" alt="🇺🇸" class="wp-smiley" style="height: 1em; max-height: 1em;" /> <a href="https://t.co/CAjU4jM8Jy">pic.twitter.com/CAjU4jM8Jy</a></p>
<p>&mdash; The White House (@WhiteHouse) <a href="https://x.com/WhiteHouse/status/2061555756743192723?ref_src=twsrc%5Etfw">June 1, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>Nothing about the history of the Middle East lends credence to the idea that "it will all work out well in the end" but I'm glad Trump feels he can ~<em>manifest</em>~ his way into peace. He sounds like a Cali mystic with a dream catcher and some tarot cards and a low price for palm readings if you'll just come down into her basement. Speaking of&hellip;</p>
<hr />
<p><strong>Replacing Gavin Newsom: </strong>California's primary for governor <a href="https://www.nytimes.com/2026/06/02/us/elections/california-primary-what-to-watch.html">takes place today</a>, with voters heading to their local polling places to cast their vote for who would be least bad (or <em>best</em>, if you're less cynical). The top two vote-getters, regardless of party, will advance, but it's not totally clear who is going to proceed: Possibly Tom Steyer—the billionaire Democrat who is running to the left of the rest of the field and wants to tax his buddies—or Xavier Becerra, who formerly served as California's attorney general and helmed the Department of Health and Human Services during the Biden administration.</p>
<p>Steyer's never held political office before, whereas Becerra is an insider who's been preparing for primetime; it'll be interesting to see whether voters want experience in their governor. Ditto with the Los Angeles mayoral race, which also gets decided today: reality TV star (and intense critic of L.A.'s leadership following the terrible Palisades fire last year) Spencer Pratt goes up against incumbent Karen Bass and City Councilmember Nithya Raman. It looks fairly <a href="https://www.latimes.com/california/story/2026-05-28/poll-shows-bass-raman-pratt-in-tight-race-for-mayor">tight</a>.</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Photos of Manhattan's Lower East Side in the 1980s by Tria Giovan <a href="https://t.co/UZ8S3PWnIj">pic.twitter.com/UZ8S3PWnIj</a></p>
<p>&mdash; Andrew (@Dub__A) <a href="https://x.com/Dub__A/status/2061093163549311259?ref_src=twsrc%5Etfw">May 31, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>As a Texan, I've been following James Talarico vs. Ken Paxton pretty closely and am left wanting both of them to lose the Senate race. This <em>New York Times </em><a href="https://www.nytimes.com/2026/06/01/us/politics/james-talarico-christian.html">piece</a> on Talarico's church is, uh, instructive as to what type of Christianity he practices (not a type that bears much resemblance to mine), and Paxton's name-calling ("low-T Talarico" and "tofu Talarico," along with "Six-Gender Jimmy") is kind of pathetic, plus I didn't really love much of what Paxton did as attorney general.</li>
<li><a href="https://www.wsj.com/lifestyle/careers/r360-novus-rich-kid-seminar-5cbb657a?mod=hp_lead_pos7">How to not blow an inheritance</a>, by <em>The Wall Street Journal.</em></li>
<li>"<a class="media-ui-Link_link-tVkXhPLPofs-" href="https://www.bloomberg.com/quote/NVDA:US" target="_blank" rel="noopener" data-component="link">Nvidia Corp.</a> is entering the PC market with a new chip aimed at loosening the stranglehold of <a class="media-ui-Link_link-tVkXhPLPofs-" href="https://www.bloomberg.com/quote/INTC:US" target="_blank" rel="noopener" data-component="link">Intel Corp.</a> technology in that arena and modernizing the machines for the AI era," <a href="https://www.bloomberg.com/news/articles/2026-06-01/nvidia-enters-windows-laptop-market-taking-on-intel-and-amd?srnd=homepage-americas">reports</a> <em>Bloomberg. </em>This is huge.</li>
<li>"When Annual Mammogram Day came around, I was four weeks into what I called my AI year, weaving artificial intelligence into every corner of my existence. Not just at work—writing emails, doing research, testing AI vending machines. I'm talking 24-7 AI livin'. Robots helping around the house, on the roads, on the massage table, at the dinner table. If there was a decision to make or a task to do, I wanted to see what happened when I let AI go first. I tried to make AI my everything. Even when it came to my health decisions," <a href="https://www.wsj.com/tech/ai/joanna-stern-i-am-not-a-robot-ai-book-8e54657e?mod=series_0526magnav">writes</a> Joanna Stern at <em>The Wall Street Journal. </em>"Two factors make my breasts particularly challenging for radiologists. They're structurally dense, meaning they contain more glandular and fibrous tissue than fat. Dense breast tissue appears white on a mammogram, the same color as tumors, making it more difficult to detect abnormalities. The second complicating factor: My mom is a three-time breast <a class="ekxajjj0 css-i0lbhy-OverridedLink" style="background-color: #ffffff;" href="https://www.wsj.com/topics/subject/cancer" target="_blank" rel="noopener" data-type="subject">cancer</a> survivor, which puts my risk higher than the average woman's. Based on our family history—including two first cousins who've been through it—I have a 39% chance of developing the disease in my lifetime." Read on for Stern's thoughts on how AI is going to—and is <em>already</em>—changing the breast cancer detection game.</li>
<li>Really good insight on how we're getting better at reducing death before 80, but not better at life extension, per se:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I think we&#39;re on the verge of a golden age in cardio-metabolic health (thanks GLP1s!) and oncology (CAR-T, daraxonrasib, checkpoint inhibitors). </p>
<p>But let&#39;s be real about what average lifespans in the 100s would require.</p>
<p>The oldest documented person died 29 years ago. Jeanne&hellip; <a href="https://t.co/ztk8yy4P04">https://t.co/ztk8yy4P04</a></p>
<p>&mdash; Derek Thompson (@DKThomp) <a href="https://x.com/DKThomp/status/2061472671775219833?ref_src=twsrc%5Etfw">June 1, 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/2026/06/02/trumps-ennui/">Trump&#039;s Ennui</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Andrew Harrer/Pool/CNP/MEGA / Newscom/RSSIL/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Donald Trump and Benjamin Netanyahu]]></media:description>
		<media:title><![CDATA[Trump-Netanyahu-6-2-A]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Trump-Netanyahu-6-2-A-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[
				"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" to Be Criminal, at Least if a "Purpose to &#8230; Disrupt" Is Shown			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/disturbing-lawful-meeting-doesnt-need-to-be-substantial-to-be-criminal-at-least-if-a-purpose-to-disrupt-is-shown/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385025</id>
		<updated>2026-06-02T13:02:11Z</updated>
		<published>2026-06-02T13:02:11Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[So holds the Ohio Court of Appeals, interpreting the Ohio disturbing-lawful-meeting statute.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/disturbing-lawful-meeting-doesnt-need-to-be-substantial-to-be-criminal-at-least-if-a-purpose-to-disrupt-is-shown/">
			<![CDATA[<p>From a May 5 decision by the Ohio Court of Appeals in <a href="https://www.supremecourt.ohio.gov/rod/docs/pdf/4/2026/2026-Ohio-1699.pdf"><em>City of Nelsonville v. Nguyen</em></a>, decided by Judge Michael Hess, joined by Judges Jason Smith and Kristy Wilkin:</p>
<blockquote><p>The State of Ohio, City of Nelsonville appeals the judgment rendered in this criminal case involving an offense of disturbing a lawful meeting. The State contends that the trial court erred when it added the element of "substantial" to the offense of disturbing a lawful meeting under R.C. 2917.12(A)(1) to its jury instructions&hellip;.</p>
<p>The State presented witness testimony from the Nelsonville City Council President, Gregg Clement, that the Nelsonville City Council held a regular meeting on April 14, 2025 at which two new council members were to be sworn in following the roll call. However, after roll call and before the swearing in, [former City Council President] Nguyen stepped forward and began speaking.</p>
<p>Clement called Nguyen to order and instructed her that it was not the appropriate time to speak and that she could make comments during the citizens' comment period. Nguyen continued to speak, and Clement called her to order a second time and again instructed her that she could speak under the citizens' comment period. Nguyen continued to speak and Police Chief Devon Tolliver, who was providing security for the meeting, stepped in and tried to get Nguyen to stop speaking, but she continued so Chief Tolliver removed her from the council meeting.</p>
<p>Clement called a recess of the meeting for approximately 10 to 15 minutes to allow everyone to regain composure. Following the recess, the meeting was resumed, there were no further interruptions, council business was conducted, and the meeting concluded. Clement testified that he believed that Nguyen had the misconception that she was the Nelsonville City Council President and could speak anytime during the meeting. However, because Nguyen had resigned from council several weeks earlier, Clement understood that Nguyen was no longer a member of council.</p>
<p>Nguyen testified that she believed that she was the city council president during the April 14, 2025 meeting and had the right to speak when she did without waiting until the citizens' comment period. Nguyen testified that it was her intent to speak for two minutes. A video recording of the meeting was played for the jury. The video shows Nguyen speaking and arguing with council president and the police chief continuously for approximately three and one-half minutes. Nguyen continues to argue loudly with law enforcement off camera as she is removed from the meeting, such that Clement called a recess for approximately 10 to 15 minutes&hellip;.</p></blockquote>
<p>Nguyen was charged with a violation of Ohio Rev. Code 2917.12(A)(1):</p>
<p><span id="more-8385025"></span></p>
<blockquote><p>(A) No person, with purpose to prevent or disrupt a lawful meeting, procession, or gathering, shall do either of the following:</p>
<p>(1) Do any act which obstructs or interferes with the due conduct of such meeting, procession, or gathering &hellip;.</p></blockquote>
<p>The question was whether a "substantiality" element, which wasn't included in the statutory text, was nonetheless required by Ohio law, and the court said no:</p>
<blockquote><p>[An earlier] case, <em>State v. Schwing </em>(Ohio 1975), involved the conviction of Schwing under R.C. 3761.11, which stated, "No person shall willfully interrupt or disturb a lawful assemblage of persons," after he entered a meeting room at a public university where speakers were discussing proposed changes to the Ohio Criminal Code. Schwing shouted profanities and physically restrained a municipal court judge in attendance. The Court recognized that R.C. 3761.11 was an attempt to discourage deprivation of the right to assemble&hellip;. The Court found that audience activities of heckling and booing maybe be impolite but nevertheless advance the goals of the First Amendment.</p>
<blockquote><p>The First Amendment contemplates a debate of important public issues; its protection can hardly be narrowed to the meeting at which the audience must passively listen to a single point of view. The First Amendment does not merely insure a marketplace of ideas in which there is but one seller.</p></blockquote>
<p>The Court found that R.C. 3761.11 made no distinction between constitutionally protected interruptions of a lawful assemblage and interruptions which substantially impinge on the right of assembly. The Court held that the trial court's charge to the jury should have narrowed the scope of R.C. 3761.11 to willful disturbances that cause a lawful assemblage "to terminate in an untimely manner" or those which "substantially impair the conduct of the assemblage."</p>
<p>Since R.C. 3761.11 was repealed and replaced by R.C. 2917.12, the Supreme Court of Ohio has not considered the constitutionality of R.C. 2917.12&hellip;. However, other Ohio courts have. In <em>State v. Brand</em> (Ohio App. 1981), Brand was shouting during an event held on Fountain Square in Cincinnati where First Lady Rosalyn Carter was speaking&hellip;. The appellate court held that the trial court erred when it did not give limiting jury instructions that the interference must be "substantial" as defined by the Court in <em>Schwing.</em></p>
<p>In <em>State v. Wolf</em> (Ohio App. 1996), Wolf was convicted of disturbing a lawful meeting in violation of R.C. 2917.12(A)(1) after he attended a local board of health meeting and attempted to sit at the board table and make statements about another attendee&hellip;. The appellate court [held]:</p>
<p>R.C. 2917.12(A)(1) does not contain the term "substantial," and therefore it was not necessary for the trial court to instruct the jury on the definition of the term or on any limitation of the statute in relation to the term&hellip;.</p>
<p>In <em>State v. Zagger</em> (Ohio App. 1981), Zagger was convicted of disturbing a lawful meeting under R.C. 2917.12 for a "pie in the face" attack on a speaker at a public high school&hellip;. The appellate court &hellip; found that <em>Schwing</em> was only applicable to the repealed R.C. 3761.11. Zagger was charged under was R.C. 2917.12 which the court found was "not identical to its predecessor. In addition, it so clearly encompasses the corrective principle of <em>Schwing,</em> that its constitutionality <em>without</em> a limiting instruction is patent."</p>
<blockquote><p>For R.C. § 2917.12(A) contains a constricting and defining preface which attaches to all the prohibited acts which follow. That preface limits the statute's prohibitions to acts whose purpose is "to prevent or disturb a lawful meeting, procession, or gathering &hellip;." So defined the perimeter of the unlawful conduct confines only unprotected acts. Thus, R.C. § 2917.12 did not require a delineating instruction to save its constitutionality.</p></blockquote>
<p>In <em>Columbus v. Doyle</em> (Ohio App. 2002), Doyle was convicted of disturbing a lawful meeting in violation of a city ordinance identical to R.C. 2917.12. Doyle was at a public school district meeting, which allowed speakers three minutes of speaking time during a public comment period. Doyle went over his three minutes and was told several times to stop commenting and sit down. He refused and was physically removed by police officers and charged with disturbing a lawful meeting&hellip;. The appellate court found that the statute was constitutional because it does not regulate the content of a person's speech &hellip;.</p>
<p>Here Nguyen was not in the public square or on a public university like the defendants in <em>Schwing</em> and <em>Brand</em>, where strong First Amendment rights to freedom of speech exist; she was at a city council meeting&hellip;. City council meetings are limited public forums. Because Nguyen was at a limited public forum, her speech could be limited to the discussion of certain topics and limited to a designated and abbreviated period.</p>
<p>The Nelsonville City Council established a viewpoint neutral and reasonable citizens' comment period and asked Nguyen to hold her comments until the citizens' comment period. She refused and was removed and charged with disturbing a lawful meeting. Nguyen does not contend, nor do we find any evidence in the record, that she was prevented from speaking due to the viewpoint of her speech.</p>
<p>We find the analysis of <em>Wolf, Zagger, </em>and<em> Doyle </em>persuasive. R.C. 2917.12(A)(1) does not contain the term "substantial" and targets persons who act "with purpose to prevent or disrupt a lawful meeting." &hellip;</p>
<p>Because this case does not involve a traditional public form, like a public street or park, our holding is limited to limited public forums. Thus, we do not consider the constitutionality of R.C. 2917.12 as applied to a traditional public forum&hellip;.</p></blockquote>
<p>A procedural twist: This was an appeal from a judicial decision that led to a jury acquittal. That is normally forbidden by the Double Jeopardy Clause, but not here, because the government was just trying to clarify the law going forward, rather than trying to undo the acquittal of Nguyen in particular:</p>
<blockquote><p>The jury found Nguyen not guilty. The State filed a motion for leave to appeal the trial court's jury instruction, which we granted. Under R.C. 2945.67(A) and App.R. 5(C) a prosecuting attorney "may appeal by leave of the court to which the appeal is taken any &hellip; decision, except the final verdict, of the trial court in a criminal case." This provision grants us "discretionary authority to review substantive law rulings &hellip; which result in a judgment of acquittal so long as the judgment itself is not appealed." "Even where principles of double jeopardy preclude retrial so that no current controversy exists, appellate review is permitted if 'the underlying legal question is capable of repetition yet evading review.'"</p></blockquote>
<p>See <a href="https://reason.com/volokh/2025/02/14/colorado-appellate-courts-disapproving-lower-court-decisions-that-led-to-acquittal/">this post</a> for more on this sort of procedure.</p>
<p>Bradley S. Nicodemus (The Nicodemus Law Office, LPA) represents the City of Nelsonville.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/disturbing-lawful-meeting-doesnt-need-to-be-substantial-to-be-criminal-at-least-if-a-purpose-to-disrupt-is-shown/">&quot;Disturbing Lawful Meeting&quot; Doesn&#039;t Need to Be &quot;Substantial&quot; to Be Criminal, at Least if a &quot;Purpose to &hellip; Disrupt&quot; Is Shown</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Rejects Claim That Rwandan Speech Restrictions Will Prevent Rwandan Witnesses in U.S. Perjury Trial "from Speaking Freely About the Genocide"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/court-rejects-claim-that-rwandan-speech-restrictions-will-prevent-rwandan-witnesses-in-u-s-perjury-trial-from-speaking-freely-about-the-genocide/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8385002</id>
		<updated>2026-06-02T02:18:48Z</updated>
		<published>2026-06-02T12:01:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[From Judge F. Dennis Saylor IV yesterday in U.S. v. Nshimiye (D. Mass.): This is a criminal case arising out&#8230;
The post Court Rejects Claim That Rwandan Speech Restrictions Will Prevent Rwandan Witnesses in U.S. Perjury Trial &#34;from Speaking Freely About the Genocide&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/court-rejects-claim-that-rwandan-speech-restrictions-will-prevent-rwandan-witnesses-in-u-s-perjury-trial-from-speaking-freely-about-the-genocide/">
			<![CDATA[<p>From Judge F. Dennis Saylor IV yesterday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.mad.268489/gov.uscourts.mad.268489.191.0.pdf"><em>U.S. v. Nshimiye</em></a> (D. Mass.):</p>
<blockquote><p>This is a criminal case arising out of a six-count indictment charging defendant Eric Tabaro Nshimiye with perjury, obstruction of justice, and knowingly concealing material facts in his application for refugee status in the United States.</p>
<p>Nshimiye has moved to dismiss the indictment, asserting that the Rwandan government and its restrictions on speech will prevent the witnesses from speaking freely about the genocide, rendering their testimony unreliable, and that admitting such testimony would violate his due-process rights&hellip;. He [also] contends that the government cannot establish that the statements alleged in Counts One and Three were knowingly false or material.</p>
<p>For the following reasons, the motion will be denied&hellip;.</p>
<p>Eric Tabaro Nshimiye was born and raised in the Republic of Rwanda. He is a Hutu, which is the majority ethnic group in Rwanda. In April 1994, the Rwandan genocide targeting the country's Tutsi ethnic population began. At the time, Nshimiye was enrolled as a medical student at the University of Rwanda in Butare. The government alleges that Nshimiye was an active member of the Movement Revolutionaire National pour le Development ("MRND"), a group that committed genocidal acts in Rwanda in 1994. At some point in 1994 or 1995, Nshimiye fled Rwanda to Kenya.</p>
<p>In May 1995, he applied to become a refugee to the United States and was admitted in December 1995. He became a lawful permanent resident of the United States in 1998 and achieved United States citizenship status in 2003. The government alleges that he knowingly made false statements about his involvement in the Rwandan genocide at each stage of the immigration process.</p>
<p>In April 2019, Nshimiye was called to testify as a defense witness on behalf of Jean Leonard Teganya, his former University classmate and roommate. Teganya was charged with committing perjury and making false statements during immigration proceedings about his membership in the MRND and his actions during the Rwandan genocide. Nshimiye testified under oath before a federal jury&hellip;.</p></blockquote>
<p><span id="more-8385002"></span></p>
<blockquote><p>In Count One, Nshimiye is charged with perjury for testifying that while he and Teganya were University roommates, Teganya did not wear a scarf or hat with MRND insignias. When asked about the apparel, he replied "I don't remember this type of hat," and replied in the negative to questions about Teganya displaying a MRND flag and attending political rallies during university. In Count Two, he is charged with perjury for denying that he lived in Butare during the genocide. When questioned under oath, he stated that "[he] was not in Butare," but rather in Kigali.</p>
<p>In Count Three, Nshimiye is charged with perjury for denying his own involvement in the MRND, including political rallies and trainings. He also denied wearing a scarf, hat, and lapel pin marked with MRND insignias and colors during his time at university. In Count Four, he is charged with perjury for denying his involvement in the genocide while under oath.</p>
<p>In Count Five, Nshimiye is charged with aiding and abetting the obstruction of justice under 18 U.S.C. §§ 1503 and 1502. The government contends that he knowingly concealed material evidence and testified falsely in Teganya&hellip;.</p></blockquote>
<p>The court rejected defendant's due process argument:</p>
<blockquote><p>Defendant &hellip; contends that the Rwandan government's strict limitations on free speech, criminalization of political dissenters, and lack of judicial independence will spill over into this case and affect the willingness of the witnesses to speak openly for fear of mistreatment. According to defendant, this would make the testimony of any witness from Rwanda inherently unreliable, which is fundamentally unfair and interferes with his ability to present a defense. That argument falls short, among other reasons, because it does not establish the requisite state action required for a due-process violation.</p>
<p>Broadly, defendant alleges that this prosecution violates the Due Process Clause, which prohibits the federal government from depriving any person of life, liberty, or property without due process of law. To state a claim under the Fifth Amendment, a defendant must show <em>government action</em> that violates procedural or substantive due process.</p>
<p>Defendant alleges that the government is acting as an agent of the Rwandan government by coordinating with Rwandan authorities and making arrangements for witnesses to come to the United States. However, bringing in witnesses from abroad is a normal part of criminal cases. In fact, federal law authorizes cooperation with foreign authorities in gathering testimony.</p>
<p>Moreover, the alleged political influence of the Rwandan government over the witnesses does not constitute state action on the part of the U.S. government. The Due Process Clause applies to misconduct by the United States, not to actions by foreign governments or private actors. To state a due-process violation, a defendant must plausibly allege conduct attributable to U.S. officials, and even then, the bar is quite high. Dismissal is appropriate only where the government conduct is "so outrageous that due process principles would absolutely bar the government from invoking judicial processes." Defendant contends that the U.S. government worked with Rwandan authorities to bring witnesses to testify. But routine practices such as bringing in witnesses from abroad to testify, including international cooperation, do not meet the high bar for due-process violations&hellip;.</p>
<p>In this case, there is no evidence in the record that the U.S. government has created or contributed to the conditions in Rwanda that defendant describes, interfered with witness testimony, or taken any action to suppress or improperly influence witness testimony. Nor is there any evidence that the U.S. government knowingly intends to call witnesses who will give false testimony. Without more, allegations concerning the reliability of witness testimony raise credibility and evidentiary issues that must be addressed at trial, not in a motion to dismiss.</p></blockquote>
<p>As to the claims that the government couldn't show that the statements were false and material, the court reasoned:</p>
<blockquote><p>Nshimiye contends that his testimony was (1) not knowingly false, because the questions concerned events from more than 25 years earlier, and (2) immaterial, because his statements were about trivial facts. When the elements of perjury, including knowledge and materiality, are in dispute, such determinations should be reserved for a jury. The Court cannot find as a matter of law that the statements were immaterial or that defendant could not have had the requisite intent. His arguments that his allegedly false statements reflected faulty memory, not intentional conduct, raise factual issues that are not properly resolved on a motion to dismiss&hellip;.</p></blockquote>
<p>Amanda Beck, Christopher R. Looney, and Jason A. Casey, all of the U.S. Attorney's Office (D. Mass.), represent the government.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/court-rejects-claim-that-rwandan-speech-restrictions-will-prevent-rwandan-witnesses-in-u-s-perjury-trial-from-speaking-freely-about-the-genocide/">Court Rejects Claim That Rwandan Speech Restrictions Will Prevent Rwandan Witnesses in U.S. Perjury Trial &quot;from Speaking Freely About the Genocide&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Brandan P. Buck</name>
							<uri>https://reason.com/people/brandan-buck/</uri>
					</author>
					<title type="html"><![CDATA[
				How To Sell a War			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/how-to-sell-a-war/" />
		<id>https://reason.com/?p=8384833</id>
		<updated>2026-06-01T20:40:19Z</updated>
		<published>2026-06-02T12:00:31Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Endless War" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Presidential History" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Propaganda" />		<summary type="html"><![CDATA[Presidents use a web of private influence to garner support for foreign invasions.]]></summary>
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		<p><span style="font-weight: 400;"><a href="https://www.amazon.com/exec/obidos/ASIN/0674302516/reasonmagazinea-20/"><i>The President's Echo System: How Foreign Policy Is Sold to Americans</i></a><i>, by Chad Levinson, Harvard University Press, 288 pages, $39.95</i></span></p>
<p><span style="font-weight: 400;">The modern presidency frequently sells its foreign policy to the American people via nominally private institutions, thereby bypassing official sanctions against propagandizing the public. So argues Chad Levinson, a political scientist at Virginia Tech, in </span><i><span style="font-weight: 400;">The President's Echo System</span></i><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">These political pressure groups have ranged from the Century Group, which operated during the run-up to America's entry into World War II, to the Project for the New American Century, active at the height of American hegemony in the 1990s. Levinson calls them extragovernmental organizations (EGOs): a web of private but government-aligned think tanks, pressure groups, and other players that lobby Congress and the public for foreign policies aligned with the president's agenda. Pushing back against earlier scholars of elite machinations, such as </span><a href="https://whorulesamerica.ucsc.edu/theory/mills_critique.html"><span style="font-weight: 400;">C. Wright Mills</span></a><span style="font-weight: 400;">, Levinson argues that the relationship between EGOs and the presidency is "symbiotic rather than coercive": The White House serves as the senior partner, with their private counterparts playing a role akin to a "contemporary flash mob," springing into action to amplify the president's agenda.</span></p>
<p><span style="font-weight: 400;">Levinson opens by describing how EGOs operate in a public space defined by popular apathy toward foreign affairs. ("Left unprovoked," he notes, "the US public pays little attention to foreign affairs.") After America's disastrous experience with the </span><a href="https://firstamendment.mtsu.edu/article/committee-on-public-information/"><span style="font-weight: 400;">Committee on Public Information</span></a><span style="font-weight: 400;"> during World War I, Congress placed significant roadblocks on the executive's ability to use overt propaganda. Meanwhile, Levinson notes, "Nonofficial propaganda&hellip;is protected by the freedoms of association and speech," even when acting in coordination with the White House. He argues that EGOs are heavily slanted toward intervention: Such groups respond to incentives set by the executive branch—and broadly speaking, "Presidential ambitions&hellip;favor interventionism." There are exceptions, of course: Levinson illustrates how President Barack Obama's adviser Ben Rhodes enlisted EGOs to sell the Joint Comprehensive Plan of Action (JCPOA) with Iran, and how President Jimmy Carter used the Committee of Americans for the Canal Treaty to return the Panama Canal to Panama. But those were relatively dovish exceptions to a generally hawkish rule.</span></p>
<p><span style="font-weight: 400;">The ensuing chapters offer a series of historical case studies. The strongest one illustrates how President Franklin Delano Roosevelt coordinated with the Century Group, later known as the Fight For Freedom Committee and the Committee to Defend America (CDA), on messaging prior to America's formal entry into World War II. Roosevelt allowed himself to be narratively paced by his EGO counterparts, delegating the responsibility of floating new policy ideas, creating the sense of public momentum, and creating a political space for the president to act. After America entered the war, EGO figures entered Roosevelt's government, filling out public relations positions. Adlai Stevenson, for example, went from running the CDA's Chicago chapter to working for the Department of the Navy.</span></p>
<p><span style="font-weight: 400;">A chapter on the early Cold War expands on these continuities, illustrating how the playbook used to sell Americans on entering World War II was repurposed to sell them on the Marshall Plan. The Democrats' EGO model was so successful that the Republican wing of the Cold War consensus emulated it, with President Dwight Eisenhower launching his own EGOs, such as the Committee for the Marshall Plan, to promote his policies.</span></p>
<p><span style="font-weight: 400;">The ensuing chapters show how EGOs operated during the height of the Cold War. During the run-up to American involvement in the Vietnam War, Levinson notes, President Lyndon B. Johnson did </span><i><span style="font-weight: 400;">not</span></i><span style="font-weight: 400;"> use EGOs to sell his policies: He didn't need them, since the American people and Capitol Hill were at that point broadly supportive of Washington's involvement in Southeast Asia. Such was not the case by the time President Richard Nixon took over the war, and the Nixon White House breathed new life into the long-established but politically inert American Enterprise Institute (AEI) to </span><a href="https://www.aei.org/wp-content/uploads/2017/07/The-Nixon-Doctrine.pdf?x91208"><span style="font-weight: 400;">help sell his policy of Vietnamization</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Levinson's chapter on the late Cold War, focused on President Ronald Reagan's use of EGOs, shows yet more continuities. The EGO network born in the 1980s, built around such organizations as the Heritage Foundation and various Cuban exile groups, served as the backbone of right-wing foreign-policy politics that extended well into the 1990s and informed Republican thinking during the war on terror.</span></p>
<p><span style="font-weight: 400;">Unlike John Mearsheimer and Stephan Walt, authors of </span><i><span style="font-weight: 400;">The Israel Lobby and U.S. Foreign Policy</span></i><span style="font-weight: 400;">, Levinson places the onus of American interventionism upon the presidency. Pressure groups such as the Iraqi National Congress and the Project for the New American Century "did not coerce the [George W. Bush] administration into doing something it did not want to do," he argues, but rather served as an external partner that "helped persuade the public and Congress to go along." Noting that both President Bush and Vice President Dick Cheney had backgrounds in the oil industry and were primed to "identify a national security interest in promoting the stability of the supply for oil," he suggests that they "needed no prodding from the outside."</span></p>
<p><span style="font-weight: 400;">Levinson concludes by looking forward, speculating about the new forms propaganda-laundering will take in the digital era. Interwar organizations had to operate on a hub-and-spoke model, headquartered in New York or Washington with local chapters staffed through standing social and professional networks. Not so now, when the costs of organizing and the barriers to disseminating information have both come down. The same absence of friction that enables people to challenge the existing status quo can be used to propagandize them back into it.</span></p>
<p><span style="font-weight: 400;">Like all good books, </span><i><span style="font-weight: 400;">The President's Echo System</span></i><span style="font-weight: 400;"> raises further questions. Does Levinson's thesis hold as firmly in the late Cold War and beyond as it did in World War II and the early U.S.–Soviet confrontation? Or did presidential agency diminish once an interventionist consensus hardened into not just a norm of the presidency but an </span><a href="https://www.cato.org/blog/why-washington-still-doesnt-really-debate-grand-strategy"><span style="font-weight: 400;">entrenched feature of the state itself</span></a><span style="font-weight: 400;">, with a </span><a href="https://www.kentuckypress.com/9780813195926/americas-israel/"><span style="font-weight: 400;">Congress</span></a><span style="font-weight: 400;"> that at times has been more hawkish than the president? No book serves as a final word on any given subject, but Levinson's work is a welcome addition to this evolving literature.</span></p>
<p><span style="font-weight: 400;">Despite such strengths, the book does contain a few historical inaccuracies. For instance, Levinson's chapter on World War II says that Sen. Robert A. Taft (R–Ohio) was "among a small number of legislators who had opposed sending aid to the Allies before Pearl Harbor." That misstates Taft's position: Like a number of conservative Republicans on the eve of the war, Taft did not oppose aiding Great Britain per se, but he compromised on the issue by reluctantly endorsing the </span><a href="https://www.nytimes.com/1939/10/01/archives/taft-sees-safety-in-cash-and-carry-best-way-to-keep-out-of-war-he.html"><span style="font-weight: 400;">"cash and carry" provision</span></a><span style="font-weight: 400;"> in later iterations of the Neutrality Act. The provision held that the Allies could purchase munitions and other supplies so long as they paid for them up front and transported the items themselves. The difference may seem pedantic, but such policy minutiae fed into the EGOs' work as they collapsed these distinctions and treated aid to the Allies as a binary policy choice when it was anything but.</span></p>
<p><span style="font-weight: 400;">Levinson has another lapse when he describes a photo of Sen. Burton K. Wheeler (D–Mont.) and the aviator turned America First activist Charles Lindbergh with "arms raised in the Nazi salute." In fact, Wheeler and Lindbergh were not </span><i><span style="font-weight: 400;">Sieg Heil</span></i><span style="font-weight: 400;">-ing; they were doing the aesthetically similar Bellamy salute, which Americans used to perform during the Pledge of Allegiance. Levinson's citations for the incident are a </span><a href="https://www.nybooks.com/online/2020/07/25/when-is-a-nazi-salute-not-a-nazi-salute/"><span style="font-weight: 400;">polemical essay</span></a><span style="font-weight: 400;"> in</span><i><span style="font-weight: 400;"> The New York Review of Books</span></i><span style="font-weight: 400;"> and the </span><a href="https://reason.com/2023/10/31/rachel-maddows-prequel-is-a-deceptively-framed-history-of-the-radical-right/"><span style="font-weight: 400;">Rachel Maddow</span></a><span style="font-weight: 400;"> podcast </span><i><span style="font-weight: 400;">Ultra</span></i><span style="font-weight: 400;">, neither of which is a rigorous secondary source.</span></p>
<p><span style="font-weight: 400;">But these are small problems. </span><i><span style="font-weight: 400;">The President's Echo System</span></i><span style="font-weight: 400;"> is a worthy examination of how foreign policy propaganda operates in the United States. If you're among those arrayed against that system, it's a valuable tool for understanding what you face.</span></p>
<p>The post <a href="https://reason.com/2026/06/02/how-to-sell-a-war/">How To Sell a War</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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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[
				Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/thomas-and-alito-shortchange-the-bill-of-rights-in-another-criminal-justice-case/" />
		<id>https://reason.com/?p=8384918</id>
		<updated>2026-06-01T18:52:28Z</updated>
		<published>2026-06-02T11:00:49Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[Plus: a few words about my new book]]></summary>
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		<p>Greetings and welcome to the latest edition of the <em>Injustice System </em>newsletter. It's now the first week of June, which means the U.S. Supreme Court has begun its annual mad dash to release all of its opinions in argued cases from its current term before the justices depart for their summer break. If past SCOTUS terms are any indication, we'll get one or more big opinion drops each week for the next three or four weeks, usually on Thursdays, with everything wrapped up neat and tidy by the final days of June.</p>
<p>By my reckoning, there are still <a href="https://reason.com/2026/05/07/11-big-scotus-cases-that-will-be-decided-soon/">nearly a dozen huge cases</a> left to be decided, dealing with issues ranging from executive power to immigration to digital privacy and the right to be free from unreasonable search and seizure.</p>

<p>There have also been some notable occurrences in criminal justice cases happening just slightly to the side of the SCOTUS main stage. As I <a href="https://reason.com/2026/05/28/thomas-and-alito-take-a-regrettable-position-in-a-qualified-immunity-case/">noted</a> last week, Justices Clarence Thomas and Samuel Alito went out of their way to protest the Supreme Court's refusal to review a lower court decision that denied qualified immunity to a police officer facing credible allegations of misconduct. Pointing to that case and others, I observed that "when viewed from a libertarian legal perspective, Thomas and Alito tend to stand out as the worst on criminal justice issues."</p>
<p>Well, Thomas and Alito were at it again this week, once again protesting a Supreme Court action that cut against the interests of law enforcement. Yesterday, the Supreme Court issued an unsigned opinion in a case called <a href="https://www.supremecourt.gov/orders/courtorders/060126zor_k53l.pdf"><em>Whitton v. Dixon</em></a>. At issue was whether a lower court erred by weighing post-trial DNA evidence in its assessment of a state Supreme Court decision. In its per curiam opinion, the Court held that the lower court "should not have considered the post-trial DNA evidence in assessing whether the Florida Supreme Court reasonably determined that [a jailhouse informant's] testimony was immaterial to the jury's verdict. Because the post-trial DNA evidence was not presented to the jury (indeed, did not exist at the time of the trial), that evidence could not have influenced the jury's verdict."</p>
<p>Thomas dissented from this ruling, joined by Alito. "If the Eleventh Circuit erred at all in mentioning the DNA test results," Thomas wrote, that error was "harmless" because the lower court also "thoroughly examined the overwhelming evidence against Whitton, which was more than sufficient to justify its decision."</p>
<p>At its core, this case was about whether or not the failure to adhere to proper procedures in a criminal justice matter counted as a violation of the due process of law. The 7–2 majority held that because post-trial evidence was considered when such evidence should <em>not</em> have been considered, proper procedures had not been followed, and justice had not been done. SCOTUS therefore sent the case back to the judicial drawing board "for further proceedings consistent with this opinion."</p>
<p>Thomas and Alito, by contrast, argued that the majority's focus on procedural niceties was wholly misguided. According to Thomas's dissent, the majority was overly focused "on 'technicalit[ies]' that do not 'really affec[t]' the outcome of a case."</p>
<p>Complaining about criminal defendants skirting their comeuppance on account of legal "technicalities" is the hallmark of what is sometimes called "law and order conservatism." One problem with this particular brand of conservative thought is the fact that the Constitution in general, and the Bill of Rights in particular, are devoted to the very sort of procedural safeguards that necessarily benefit criminal defendants from time to time precisely because that is what it takes to impose consistent and principled limits on government power.</p>
<p>When Thomas and Alito are complaining about pesky "technicalities" that aid criminal defendants, in other words, they are really complaining about the pesky Constitution.</p>
<hr />
<h1><strong>In Other News</strong></h1>
<p>Please forgive the shameless self-promotion, but my latest book was officially published this week, and I wanted to tell you just a little bit about it.</p>
<p>It's called <em><a href="https://www.nebraskapress.unl.edu/potomac-books/9781640126435/emancipation-war/">Emancipation War: The Fall of Slavery and the Coming of the Thirteenth Amendment</a></em>. It's my attempt to understand and explain the legal, political, and military factors that made an antislavery constitutional amendment possible. You can read a short excerpt from it <a href="https://reason.com/2026/06/01/henry-clays-deal-that-was-no-deal-how-the-compromise-of-1850-deepened-the-slavery-crisis/">here</a> and acquire a copy of your own <a href="https://www.amazon.com/exec/obidos/ASIN/1640126430/reasonmagazinea-20/">here</a>. I hope you'll check it out.</p>
<p>The post <a href="https://reason.com/2026/06/02/thomas-and-alito-shortchange-the-bill-of-rights-in-another-criminal-justice-case/">Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case</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: June 2, 1952			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/02/today-in-supreme-court-history-june-2-1952-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365792</id>
		<updated>2026-01-26T15:43:01Z</updated>
		<published>2026-06-02T11:00:01Z</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[6/2/1952: Youngstown Sheet &#38; Tube Co. v. Sawyer decided.
The post Today in Supreme Court History: June 2, 1952 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/02/today-in-supreme-court-history-june-2-1952-7/">
			<![CDATA[<p>6/2/1952: <a href="https://conlaw.us/case/youngstown-sheet-tube-co-v-sawyer-1952/">Youngstown Sheet &amp; Tube Co. v. Sawyer</a> decided.</p>
<p><iframe loading="lazy" title="Youngstown Sheet &amp; Tube Co. v. Sawyer (1952) | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/hF5j5u4LgCY?start=3&feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/06/02/today-in-supreme-court-history-june-2-1952-7/">Today in Supreme Court History: June 2, 1952</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[
				1776 All-Stars: Benjamin Franklin Reminds Us To Just Do Things			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/1776-all-stars-benjamin-franklin/" />
		<id>https://reason.com/?p=8382168</id>
		<updated>2026-05-26T19:47:40Z</updated>
		<published>2026-06-02T10:00:03Z</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" />		<summary type="html"><![CDATA[Franklin was fundamentally an optimist, and his life reminds us that politics is not what really matters.]]></summary>
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		<p><em>This is part of 1776 All-Stars, a series about Reason's favorite American Founders. <a href="#all-stars">Read more here</a>.</em></p> <figure class="alignright size-medium wp-image-8383193"><a href="https://reason.com/issue/july-2026/"><img decoding="async" class="alignright size-medium wp-image-8383193" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/america-250-300x300.png" alt="" width="300" height="300" data-credit="Joanna Andreasson" srcset="https://reason.com/wp-content/uploads/2026/05/america-250-300x300.png 300w, https://reason.com/wp-content/uploads/2026/05/america-250-1024x1024.png 1024w, https://reason.com/wp-content/uploads/2026/05/america-250-150x150.png 150w, https://reason.com/wp-content/uploads/2026/05/america-250-768x768.png 768w, https://reason.com/wp-content/uploads/2026/05/america-250-400x400.png 400w, https://reason.com/wp-content/uploads/2026/05/america-250-800x800.png 800w, https://reason.com/wp-content/uploads/2026/05/america-250-675x675.png 675w, https://reason.com/wp-content/uploads/2026/05/america-250.png 1200w" sizes="(max-width: 300px) 100vw, 300px" /></a><figcaption>Joanna Andreasson</figcaption></figure><p> When Benjamin Franklin was 17 years old, he did that most American of activities: He ran away from home.</p> <p>More precisely, Franklin fled an apprenticeship in Boston and made his way to Philadelphia, the city with which he is still synonymous. Under the laws of the time, this made Franklin a criminal and a fugitive. Perhaps that taught the gifted youngster something about how to deal with unjust laws.</p> <p>Franklin was not an immigrant by the technical, bureaucratic meaning of the word. Still, he arrived without wealth or connections in his new city, and he got to work building both.</p> <p>While laboring in a print shop, the 21-year-old Franklin formed a debating society whose members committed to respectful discussion of science, morals, and philosophy. The members of the Leather Apron Club were soon doing much more: They founded Philadelphia's first lending library, first fire department, and other civic institutions meant to benefit the growing city.</p> <p>It turns out that you can just do things, as Franklin and his friends demonstrated.</p> <p>After opening his own printing press and starting a newspaper, Franklin became an American Aesop. His annual Poor Richard's Almanack often reminded readers that public liberty depends on private virtue and discretion. "Don't throw stones at your neighbors, if your own windows are glass," reads one of the<a href="https://fi.edu/en/science-and-education/benjamin-franklin/famous-quotes"> aphorisms</a> that have long outlived him. "Wish not so much to live long as to live well," goes another, a personal favorite.</p> <p>Franklin lived long and well and took on many roles. He was an inventor, a scientist, a rabble-rouser, a diplomat, a philanderer, and (yes, unfortunately) a politician and America's first federal postmaster.</p> <p>When you started reading this article, you likely conjured an image in your head that includes a kite, a key, and a lightning bolt. Whether Franklin ever actually conducted that famous experiment is somewhat uncertain, although he was undeniably fascinated by electricity and its possible uses. More certain is that he designed the <a href="https://fi.edu/en/science-and-education/collection/benjamin-franklin/lightning-rod">first lightning rod</a> and thus saved untold scores of buildings from storm-related fire damage.</p> <p>Perhaps more than any other Founder, Franklin left a legacy that would be worth remembering and celebrating even if the colonists had remained loyal subjects to the British crown. That is to say, in a world where politics did not matter at all, Franklin's achievements would still make the history books. He was the embodiment of the American Enlightenment. Max Weber singled out Franklin as the exemplar of the Protestant work ethic that makes capitalism successful. He was personal friends with Voltaire!</p> <p>If you had to sum it all up in one sentence: Franklin was an optimist.</p> <p>One doesn't run away from home except in the hope that things could be better somewhere else. Similar can be said of the other events in his life, including the American Revolution itself. The ideas—rhetorical, philosophical, and scientific—that Franklin explored and articulated helped lay the groundwork for experiments that are ongoing. That same momentum animated the civic institutions that Franklin helped create.</p> <p>Franklin didn't always have it all figured out, but he never stopped trying. He owned slaves but argued for abolition in his later years. He was endlessly curious and invited others to chase the horizon too.</p> <p>"The rapid Progress true Science now makes, occasions my Regretting sometimes that I was born so soon," Franklin <a href="https://founders.archives.gov/documents/Franklin/01-31-02-0325">wrote</a> to a friend in 1780, when he was 74 years old. At some time in the distant future, he speculated, it might even be possible for man to conquer gravity, allowing "easy Transport" of "large Masses."</p> <p>As I was writing this, America launched a massive rocket carrying four astronauts to circumnavigate the moon. I imagine Franklin would be delighted.</p> <p>Near the end of his life, as Franklin sat through the Constitutional Convention of 1787, he reportedly considered another horizon. On the back of the chair occupied by George Washington as he presided over the convention, there was a carving of half a sun. "I have the happiness to know that it is a rising and not a setting sun," Franklin declared as the convention ended—or so they tell you when you visit Philadelphia's Independence Hall, where the famous chair still resides.</p> <p>It is sometimes difficult to feel like America is still lit by a rising sun. But politics is not what really matters, as Franklin's life reminds us. No doubt he'd argue that there is better still to come, as long as you're willing to chase it.</p> <h2 id="all-stars">1776 All-Stars, a series about <em>Reason</em>'s favorite American Founders:</h2> <ul> <li><a href="https://reason.com/2026/07/01/1776-all-stars-benjamin-franklin/">Benjamin Franklin</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-samuel-adams/">Samuel Adams</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-thomas-jefferson/">Thomas Jefferson</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-george-mason/">George Mason</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-a-farmer/">A Farmer</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-george-washington/">George Washington</a></li> <li><a href="https://reason.com/2026/07/01/1776-all-stars-patrick-henry/">Patrick Henry</a></li> </ul><p>The post <a href="https://reason.com/2026/06/02/1776-all-stars-benjamin-franklin/">1776 All-Stars: Benjamin Franklin Reminds Us To Just Do Things</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Joanna Andreasson, ChatGPT-5.4; Source images: Wikimedia]]></media:credit>
		<media:title><![CDATA[franklin]]></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: Pawned Off			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/02/brickbat-pawned-off/" />
		<id>https://reason.com/?p=8384799</id>
		<updated>2026-06-02T03:17:37Z</updated>
		<published>2026-06-02T08:00:02Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Indiana" /><category scheme="https://reason.com/latest/" term="Steroids" />		<summary type="html"><![CDATA[Police Chief Earl Mayo of New Chicago, Indiana, is facing criminal charges after investigators say he sold a handgun to&#8230;
The post Brickbat: Pawned Off appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/02/brickbat-pawned-off/">
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		<p>Police Chief Earl Mayo of New Chicago, Indiana, is facing <a href="https://www.cbsnews.com/chicago/news/new-chicago-indiana-police-chief-accused-selling-pawn-shop-gun-evidence/">criminal charges</a> after investigators say he sold a handgun to a pawn shop that had been stored as evidence in a criminal case. When authorities discovered the gun was missing, prosecutors say Mayo tried to have another officer buy it back. Mayo also allegedly asked two officers go to go his home, one to retrieve weapons and the other to retrieve his steroids, before federal investigators could find them. Mayo is charged with theft, official misconduct, obstruction, and unlawful possession of anabolic steroids.</p>
<p>The post <a href="https://reason.com/2026/06/02/brickbat-pawned-off/">Brickbat: Pawned Off</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[New Chicago, Indiana Police Department]]></media:credit>
		<media:description type="html"><![CDATA[Chief Earl Mayo of the New Chicago, Indiana, Police Department]]></media:description>
		<media:title><![CDATA[earl-Mayo]]></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/2026/06/02/open-thread-223/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384812</id>
		<updated>2026-06-02T07:00:00Z</updated>
		<published>2026-06-02T07:00:00Z</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/2026/06/02/open-thread-223/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/06/02/open-thread-223/">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[
				My New Article Making "The Case Against Mass Deportation" [Updated with link]			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/my-new-article-making-the-case-against-mass-deportation/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384996</id>
		<updated>2026-06-02T15:16:23Z</updated>
		<published>2026-06-01T22:49:02Z</published>
			<category scheme="https://reason.com/latest/" term="Deportation" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Refugees" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Race Discrimination" /><category scheme="https://reason.com/latest/" term="Racial Profiling" />		<summary type="html"><![CDATA[It was published on the Society for the Rule of Law's Checks and Balances substack.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/01/my-new-article-making-the-case-against-mass-deportation/">
			<![CDATA[<p>Today, the Society for the Rule of Law published <a href="https://chkbal.substack.com/p/the-case-against-mass-deportation">my article</a> on "The Case Against Mass Deportation," on its Checks and Balances substack. Here is an excerpt:</p>
<blockquote><p>Since Donald Trump returned to the White House in January 2025, U.S. immigration enforcement and deportation operations have become more cruel and oppressive than they have been in many decades, if not ever - with victims including both immigrants and many US citizens. The best approach to curbing these abuses is cutting back on deportations more generally.</p>
<p>Since Trump returned to office in January 2025, Immigration and Customs Enforcement (ICE) and other federal officers have killed at least three U.S. citizens (two in Minnesota and <a href="https://abcnews.com/video/130868692/">one in Texas</a>), wounded numerous others, and detained hundreds illegally, usually after mistaking them for illegal migrants. ProPublica found <a href="https://www.propublica.org/article/immigration-dhs-american-citizens-arrested-detained-against-will">some 170 cases</a> of illegal detention of citizens through October 2025. But that is almost certainly a severe underestimate.</p>
<p>ICE and other agencies also make extensive use of racial profiling, which leads to detention and harassment of numerous U.S. citizens who are Asian, black, or Hispanic, or look like they might be and thus potentially suspect. The enormous extent of racial and ethnic profiling by ICE is shown by the fact that immigration arrests in Los Angeles County <a href="https://www.cato.org/news-releases/anti-profiling-court-order-cuts-la-ice-arrests-66-percent">declined by 66 percent</a> after a federal court order barring the use of such tactics (the ruling was eventually <a href="https://reason.com/volokh/2025/09/08/supreme-court-issues-dubious-shadow-docket-ruling-staying-injunction-against-racial-profiling-in-immigration-enforcement/">blocked by the Supreme Court</a>, perhaps for procedural reasons). Conservatives and others who favor color-blind government cannot make an arbitrary exception for immigration enforcement.</p>
<p>Conditions in ICE detention facilities are <a href="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/?utm_campaign=reason_brand&amp;utm_content=&amp;utm_medium=social_reason_non_paid&amp;utm_source=twitter&amp;utm_term=">often horrific</a>, routinely <a href="https://www.npr.org/2025/06/05/nx-s1-5413364/concerns-over-conditions-in-u-s-immigration-detention-were-hearing-the-word-starving">featuring</a> overcrowding, inadequate food and denial of essential medical treatment. Since the start of the present fiscal year in October, <a href="https://www.npr.org/2026/04/17/nx-s1-5789092/deaths-of-migrants-in-ice-custody-hit-record-high-under-trump">a record 29 people</a> have died in ICE detention, even though the fiscal year is only about half over. The brutality and violations of civil liberties have been exacerbated by the administration's massive expansion of the number of ICE personnel (<a href="https://www.theguardian.com/us-news/2026/apr/17/ice-immigration-agents-backgrounds">including hiring many poorly qualified people</a>), and by <a href="https://www.reuters.com/world/us/trumps-early-immigration-enforcement-record-by-numbers-2026-04-22/">its imposition of deportation quotas</a> incentivizing arbitrary arrests with little or no proof. There have been so many illegal ICE detentions that courts have ruled against the administration in detention cases <a href="https://www.politico.com/news/2026/05/13/mandatory-detention-ice-cases-rulings-database-00913988?_sp_pass_consent=true">some 11,500 times</a>, including thousands of decisions issued by Republican-appointed judges&hellip;.</p>
<p>The abuses of the deportation system have increased significantly thanks to Trump's policies. But the system is cruel and unjust even under more conventional presidents. Illegal detention and deportation of U.S. citizens long predates Trump. Northwestern University political scientist Jacqueline Stevens estimated that the <a href="https://archive.is/o/em3xq/https:/jacquelinestevens.org/US-Unlawfully-Detaining.StevensVSP18.32011.pdf">federal government detained or deported </a>more than 20,000 U.S. citizens from 2003 to 2010&hellip;. Racial profiling is also not unique to the Trump era&hellip;.</p>
<p>Ultimately, it is impossible to deport any large proportion <a href="https://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states">of the estimated 13.7 million</a> undocumented immigrants in the United States without arresting and detaining many people with little or no due process&hellip;.</p>
<p>Ultimately, the only way to end or greatly reduce that brutality is to radically scale back deportation itself. There are a variety of ways to do that&hellip;..</p></blockquote>
<p>The rest of the piece outlines a variety of potential reforms.</p>
<p>UPDATE: In the original version of this post, I forgot to include a link to <a href="https://chkbal.substack.com/p/the-case-against-mass-deportation">the article</a>. That error has now been corrected.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/01/my-new-article-making-the-case-against-mass-deportation/">My New Article Making &quot;The Case Against Mass Deportation&quot; [Updated with link]</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Upholds Dismissal of U.S. Coast Guard Auxiliary Officer for "Crass Statements on LinkedIn" "in Uniform"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/court-upholds-dismissal-of-u-s-coast-guard-auxiliary-officer-for-crass-statements-on-linkedin-in-uniform/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384994</id>
		<updated>2026-06-01T22:31:31Z</updated>
		<published>2026-06-01T22:31:31Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[From Wenzler v. U.S. Coast Guard, decided today by Seventh Circuit Judge Michael Scudder, joined by Judges Amy St. Eve&#8230;
The post Court Upholds Dismissal of U.S. Coast Guard Auxiliary Officer for &#34;Crass Statements on LinkedIn&#34; &#34;in Uniform&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/01/court-upholds-dismissal-of-u-s-coast-guard-auxiliary-officer-for-crass-statements-on-linkedin-in-uniform/">
			<![CDATA[<p>From <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D06-01/C:25-1896:J:Scudder:aut:T:fnOp:N:3550107:S:0"><em>Wenzler v. U.S. Coast Guard</em></a>, decided today by Seventh Circuit Judge Michael Scudder, joined by Judges Amy St. Eve and Joshua Kolar:</p>
<blockquote><p>James Wenzler posted a series of crass statements on LinkedIn while serving as a member of the Coast Guard Auxiliary and depicting himself in uniform. The Auxiliary investigated, told him to stop, and removed him from its ranks after he failed to heed its warning&hellip;.</p>
<p>James Wenzler joined the Coast Guard Auxiliary in 2007. He held various positions over the years, eventually becoming a Vice Flotilla Commander. Wenzler publicized his affiliation with the organization on LinkedIn. His profile depicted him in uniform and represented that he served as the Auxiliary's Branch Chief for Human Resources.</p>
<p>In May 2022, a member of the public complained to the Auxiliary about Wenzler's LinkedIn posts. One of the posts accused certain Supreme Court Justices of being racist, and another included a crude remark about the Girl Scouts.</p></blockquote>
<p>Here are the details on the posts, from the <a href="https://scholar.google.com/scholar_case?case=2543758415899740871">district court opinion</a>:</p>
<blockquote><p>The first [post] was in response to a post congratulating Justice Ketanji Brown Jackson. Wenzler's responsive post read: "Another racist makes the court to join racist Sotom[a]yor and Kag[a]n. Great job America!" The second post was in response to a post commending a girl scout for writing a letter to the editor to complain about an announcement regarding boy and girl scouts that the writer deemed sexist. Wenzler's responsive post read: "Well if you are proving you are just having fun, then you are. To find something sexist is to show you are the sexist. Perhaps the Girl Scouts should actually accomplish something, but alas they just sell cookies."</p></blockquote>
<p>Back to the Seventh Circuit opinion:</p>
<p><span id="more-8384994"></span></p>
<blockquote><p>The Auxiliary's investigation resulted in District Commodore Harvey Randall issuing Wenzler a letter of caution. The letter directed Wenzler to remove from social media any photos of himself wearing his uniform and to delete any reference to positions in the Auxiliary. It also instructed Wenzler to confirm compliance with the directive.</p>
<p>Wenzler failed to comply. Indeed, on July 15, he emailed District Commodore Randall, stating, "I disagree with your fake Letter of Caution, and am going to file a complaint against you for your racist and bigoted action against me because I am White. I find your behavior reprehensible."</p>
<p>Wenzler then stayed the course. In August 2022, the Auxiliary found that his LinkedIn profile still depicted him in uniform and listed him as a Branch Chief in the Human Resources Directorate. The Auxiliary also discovered additional insensitive and insulting posts. For example, Wenzler had quipped that the President-elect of Northwestern University, who had just been diagnosed with cancer, did a "horrible job" at the University of Wisconsin—Madison, her former employer, and "end[ed] up with the physical results of what she was" there. A member of the public saw the post and reacted negatively, asking in the comments if the Auxiliary really had put Wenzler in charge of human resources—essentially questioning whether he was fit to serve as a leader.</p>
<p>When the Auxiliary followed up, Wenzler doubled down. He confirmed that he had no intention of adhering to the Auxiliary's social media directive. So the Auxiliary suspended him and began a formal disciplinary process, which resulted in the Coast Guard disenrolling Wenzler&hellip;.</p></blockquote>
<p>The court upheld the dismissal:</p>
<blockquote><p>"[T]he First Amendment protects a public employee's right, in certain circumstances, to speak as a citizen addressing matters of public concern." Our analysis is the same whether the speaker is a volunteer for a government organization or a paid employee&hellip;. To determine whether speech is constitutionally protected, we apply the two-step <em>Connick</em>/<em>Pickering</em> test. First we ask whether the speech in question involved a matter of public concern, as opposed to a purely personal interest. If so, we balance the speaker's interest "in commenting upon matters of public concern" against the government's interest "in promoting the efficiency of the public services it performs through its employees." <em>&hellip;</em></p>
<p>Accepting that Wenzler's speech touched on matters of public concern, we focus only on balancing the parties' interests. On the facts before us, the Auxiliary's need for "discipline or harmony among co-workers" and continued "public confidence" dominate.</p>
<p>The nature of an organization informs the deference we give in determining whether its employees' speech will deleteriously impact the organizational mission. The parties have latched onto language in our precedent identifying certain organizations as "paramilitary" and thus entitled to greater deference in this assessment. These cases considered the discretion afforded to law enforcement agencies, correctional centers, and the like. And indeed we deferred to those types of organizations' "own assessment of the risks to security and discipline." But the deference in reasonably determining what type of conduct is detrimental comes from the nature of an organization and its mission. It does not stem from any separate test for whether an organization qualifies under a "paramilitary" label&hellip;.</p>
<p>We are convinced that the Coast Guard Auxiliary deserves deference in assessing and responding to its members' speech when they hold themselves out as members of the organization while wearing its uniform&hellip;. "For command, control, and administrative purposes," Congress gave the Auxiliary a military-like hierarchy consisting of "a national board and staff &hellip;, districts, regions, divisions, flotillas, and other organizational elements and units." &hellip;</p>
<p>The Auxiliary's possible missions are substantial. As a constitutional matter, the President, as Commander in Chief, may direct the Commandant to request and authorize assistance from the Auxiliary. As a statutory matter, the Auxiliary may "assist the Coast Guard as authorized by the Commandant, in performing any Coast Guard function, power, duty, role, mission, or operation authorized by law." This includes the ability to "conduct a patrol of a waterway" if certain preconditions are met.</p>
<p>And while Auxiliarists may not "engage in direct law enforcement or military missions" or "enforce limited access areas," they "may advise the public regarding compliance with [a] limited access area." Auxiliarists may also serve as "unarmed opposition forces" during training exercises as well as "gather information and data for the development of Coast Guard, State, and local government contingency plans." Congress further recognized that some missions could place Auxiliarists at risk and therefore provided benefits to those who are "physically injured or die[ ] as a result of physical injury incurred while performing any duty" assigned to them by the Coast Guard.</p>
<p>For his part, Wenzler sees the Auxiliary in more limited terms, as only a volunteer "nonmilitary organization" where members elect their own leadership and may not carry weapons. He tells us that the Auxiliary is nothing more than a "government-sponsored fraternity." We cannot agree. By statute, Congress established the Auxiliary and made it a component of the Coast Guard and thus, at least indirectly, answerable to the Commandant of the Coast Guard.</p>
<p>Wenzler also contends that because the Auxiliary lacks the means to compel obedience from its members it should receive no deference in policing their speech. Here, too, we disagree. Even in the actual armed forces of the United States, earning the privilege to lead has always required buy-in from subordinates. Given its statutory scheme and enabling regulations, we are convinced that the Auxiliary deserves deference in its reasonable determinations of how its members' speech will impact its mission&hellip;.</p>
<p>Given the uncontested facts before us, the Auxiliary could have reasonably determined that Wenzler's speech and actions would be detrimental to the Auxiliary and its reputation. He served in a leadership role and the example he set mattered. The Auxiliary could have reasonably expected that other Auxiliarists would be less likely to work with Wenzler, or at least to work well with him, following his derogatory comments and attacks on others&hellip;.</p>
<p>"[A] public employer may act based on potential disruption so long as its predictions are reasonable." &hellip; Wenzler's statements alarmed at least two members of the public enough to notify the Auxiliary. On this record, the Auxiliary could have been justifiably concerned about negative impacts to its reputation and, in turn, its recruiting and retention. In the long run, its ability to serve the public might suffer, or at least the Auxiliary could have reasonably believed so.</p></blockquote>
<p>Robert Ying-Tsai Joynt and Leslie K. Herje of the U.S. Attorney's Office (W.D. Wis.) represent defendants.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/01/court-upholds-dismissal-of-u-s-coast-guard-auxiliary-officer-for-crass-statements-on-linkedin-in-uniform/">Court Upholds Dismissal of U.S. Coast Guard Auxiliary Officer for &quot;Crass Statements on LinkedIn&quot; &quot;in Uniform&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</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[
				Why Socialism Won't Deliver Government Efficiency			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/06/01/why-socialism-wont-deliver-government-efficiency/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8384949</id>
		<updated>2026-06-01T22:07:44Z</updated>
		<published>2026-06-01T21:44:15Z</published>
			<category scheme="https://reason.com/latest/" term="Fiscal policy" /><category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="DOGE" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Mike Pence" /><category scheme="https://reason.com/latest/" term="property taxes" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="UFC" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Plus: the Democratic Party's candidate problem, property tax breaks for seniors, and the UFC on the White House lawn]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/06/01/why-socialism-wont-deliver-government-efficiency/">
			<![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 New York Mayor Zohran Mamdani's new Commission on Government Efficiency (COGE). The panel examines Mamdani's claim that bureaucracy is preventing New York from delivering housing, transit, and other services, while questioning whether the commission represents a serious effort at reform or simply a rebranding of the city's existing political priorities. They also consider what Mamdani's embrace of efficiency rhetoric says about the state of the Democratic Party and the growing recognition that government often struggles to deliver on its promises.</p>
<p>Next, the editors discuss former Vice President Mike Pence's claim that "Democrats have lost their mind" and examine the Democratic Party's continuing attraction to polarizing candidates, from Maine Senate candidate Graham Platner to California's unsettled gubernatorial race. The panel then checks in on the endlessly unresolved Iran conflict, before debating a proposal to eliminate property taxes for senior citizens and what it reveals about the growing trend toward narrowly targeted tax breaks. Finally, the editors answer a listener's question about whether late Sen. John McCain's (R–Ariz.) opposition to mixed martial arts helped shape the cultural forces that eventually brought the UFC to the White House lawn.</p>
<p>&nbsp;</p>
<p>0:00—The Commission on Government Efficiency</p>
<p>14:04—Mike Pence's comments on Democratic Party</p>
<p>22:21—Graham Platner and Democratic candidate quality</p>
<p>30:19—Iran war update</p>
<p>33:01—Listener question on the White House UFC event</p>
<p>42:30—Should seniors pay property tax?</p>
<p>50:05—Weekly cultural recommendations</p>
<p>&nbsp;</p>
<h2>Mentioned in the podcast:</h2>
<p>"<span draggable="true"><a href="https://reason.com/2026/05/29/elon-did-doge-now-mamdani-is-trying-coge/" target="_blank" rel="noopener noreferrer">Elon Did DOGE. Now Mamdani Is Trying COGE,</a></span>" by Megan O'Rourke</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/05/13/mamdani-balanced-new-york-citys-budget-with-a-bailout-from-albany/" target="_blank" rel="noopener noreferrer">Mamdani 'Balanced' New York City's Budget—With a Bailout From Albany</a></span>," by Joe Lancaster</p>
<p>"<span draggable="true"><a href="https://reason.com/2023/06/26/confidence-in-market-principles/" target="_blank" rel="noopener noreferrer">Confidence in Market Principles</a></span>," by Mike Pence</p>
<p>"<span draggable="true"><a href="https://reason.com/2024/08/09/mike-pences-sensible-and-probably-doomed-plan-to-fix-the-national-debt/" target="_blank" rel="noopener noreferrer">Mike Pence's Sensible (and Probably Doomed) Plan To Fix the National Debt</a></span>," by Eric Boehm</p>
<p>"<span draggable="true"><a href="https://reason.com/2021/01/06/today-mike-pence-may-find-that-all-his-temporizing-and-obfuscation-about-the-election-sacrificed-his-integrity-for-nothing/" target="_blank" rel="noopener noreferrer">Today Mike Pence May Find That All His Temporizing and Obfuscation About the Election Sacrificed His Integrity for Nothing</a></span>," by Jacob Sullum</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/05/27/ken-paxtons-primary-victory-shows-how-trumps-grudges-undermine-his-partys-interests/" target="_blank" rel="noopener noreferrer">Ken Paxton's Primary Victory Shows How Trump's Grudges Undermine His Party's Interests</a></span>," by Jacob Sullum</p>
<p>"<span draggable="true"><a href="https://reason.com/2025/10/23/dont-get-a-nazi-tattoo-or-praise-hitler-advice-for-new-politicians/" target="_blank" rel="noopener noreferrer">Don't Get a Nazi Tattoo <i>or</i> Praise Hitler: Advice for New Politicians</a></span>," by Robby Soave</p>
<p>"<span draggable="true"><a href="https://reason.com/2007/09/20/bleeding-into-the-mainstream/" target="_blank" rel="noopener noreferrer">Bleeding into the Mainstream</a></span>," by Greg Beato</p>
<p>"<span draggable="true"><a href="https://reason.com/2014/10/14/government-vs-mixed-martial-arts/" target="_blank" rel="noopener noreferrer">Government's Ongoing Effort to Shutter Mixed Martial Arts</a></span>," by Kerry Howley</p>
<p>"<span draggable="true"><a href="https://reason.com/2016/07/18/ufc-one-mans-brutal-spectacle-is-another/" target="_blank" rel="noopener noreferrer">UFC: One Man's Brutal Spectacle Is Another's Eden</a></span>," by A. Barton Hinkle</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/05/28/stop-giving-property-tax-breaks-to-senior-citizens/" target="_blank" rel="noopener noreferrer">Stop Giving Property Tax Breaks to Senior Citizens</a></span>," by Eric Boehm</p>
<p>"<span draggable="true"><a href="https://reason.com/2026/04/01/damn-it-feels-good-to-be-a-boomer/" target="_blank" rel="noopener noreferrer">Baby Boomers Are the Richest Generation in History. Why Do Politicians Keep Spending More on Them?</a></span>" by Eric Boehm</p>
<p>"<span draggable="true"><a href="https://reason.com/2025/10/28/abolish-property-taxes/" target="_blank" rel="noopener noreferrer">Abolish Property Taxes?</a></span>" by Christian Britschgi</p>
<p>"<span draggable="true"><a href="https://reason.com/podcast/2025/06/04/helen-lewis-the-dark-side-of-genius/" target="_blank" rel="noopener noreferrer">Helen Lewis: The Dark Side of Genius</a></span>," by Nick Gillespie</p>
<p>The post <a href="https://reason.com/podcast/2026/06/01/why-socialism-wont-deliver-government-efficiency/">Why Socialism Won&#039;t Deliver Government Efficiency</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8384949.mp3" rel="enclosure" length="95390257" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Katherine Mangu-Ward appears on the left. Peter Suderman appears on the right. An image of Zohran Mamdani in front of a coin with a US dollar sign on its appears in the center square. Bold text across the top of the screen reads "DOGE FOR SOCIALISTS?"]]></media:description>
		<media:title><![CDATA[Roundtable-6-1-B]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Roundtable-6-1-B-1200x675.png" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				Why did the FBI Want Dilbert Creator Scott Adams' Twitter Data?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/why-did-the-fbi-want-dilbert-creator-scott-adams-twitter-data/" />
		<id>https://reason.com/?p=8384965</id>
		<updated>2026-06-01T20:53:12Z</updated>
		<published>2026-06-01T20:53:49Z</published>
			<category scheme="https://reason.com/latest/" term="Domestic spying" /><category scheme="https://reason.com/latest/" term="CIA" /><category scheme="https://reason.com/latest/" term="Espionage" /><category scheme="https://reason.com/latest/" term="FBI" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="FOIA" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Twitter" />		<summary type="html"><![CDATA[The cartoonist caught the FBI’s attention over a bizarre scheme involving Matt Gaetz, a CIA agent held captive in Iran, and a Florida fraudster.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/01/why-did-the-fbi-want-dilbert-creator-scott-adams-twitter-data/">
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		</div>
		<p><span style="font-weight: 400;">Most Americans knew the late Scott Adams for </span><a href="https://dilbert.com/"><i><span style="font-weight: 400;">Dilbert</span></i></a><span style="font-weight: 400;">, his beloved comic strip about an office worker and his dimwitted colleagues. Later in life, Adams became known as a kind of </span><a href="https://www.economist.com/united-states/2023/03/02/scott-adamss-racist-comments-were-spurred-by-a-badly-worded-poll"><span style="font-weight: 400;">right-wing shock jockey</span></a><span style="font-weight: 400;">. But the cartoonist caught the FBI's attention for something a little bit different: the sex crimes investigation into former Rep. Matt Gaetz (R–Fl.) and a bizarre blackmail scheme that grew out of it.</span></p>
<p><span style="font-weight: 400;">The FBI </span><a href="https://www.muckrock.com/foi/united-states-of-america-10/scott-adams-dilbert-202361/"><span style="font-weight: 400;">released</span></a><span style="font-weight: 400;"> its files on Adams last week, five months after his death, in response to a Freedom of Information Act (FOIA) request from </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. The records include the heavily redacted results of a background check and a request to Twitter—the social media network later renamed X—to preserve Adams' account data, including his private messages.</span></p>
<p><span style="font-weight: 400;">The investigation into Adams seems to have begun in the spring of 2021, when he was entangled in the Gaetz scandal. On March 30, 2021, </span><i><span style="font-weight: 400;">The New York Times</span></i> <a href="https://www.nytimes.com/2021/03/30/us/politics/matt-gaetz-sex-trafficking-investigation.html"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> that Gaetz was under federal investigation for having sex with an underage teenager. Gaetz </span><a href="https://www.washingtonexaminer.com/news/1811339/documents-detail-wild-alleged-25m-gaetz-extortion-scheme/"><span style="font-weight: 400;">claimed</span></a><span style="font-weight: 400;"> that he was actually the </span><i><span style="font-weight: 400;">victim</span></i><span style="font-weight: 400;"> of blackmail, and the federal investigation focused on the extortionists.</span></p>
<p><span style="font-weight: 400;">Three days later, </span><i><span style="font-weight: 400;">The American Conservative</span></i> <a href="https://www.theamericanconservative.com/leaked-texts-from-israeli-consular-official-show-more-details-in-gaetz-levinson-funding-scheme/"><span style="font-weight: 400;">published</span></a><span style="font-weight: 400;"> screenshots of a text conversation between Adams and Jake Novak, a former journalist who was then working on the media staff of the Israeli consulate in New York. (The Israeli consulate </span><a href="https://www.politico.com/news/2021/09/23/israel-dilbert-matt-gaetz-513800"><span style="font-weight: 400;">later told</span></a> <i><span style="font-weight: 400;">Politico</span></i><span style="font-weight: 400;"> that Novak's involvement in the Gaetz case "was not in any way, shape or form a part of his role at the consulate.")</span></p>
<p><span style="font-weight: 400;">Novak wrote to Adams that the investigation into Gaetz "is screwing up my efforts to free Bob Levinson," a former FBI agent who disappeared in 2013 while conducting an </span><a href="https://www.nytimes.com/2013/12/14/world/middleeast/a-disappearing-american-spy-and-the-cia.html"><span style="font-weight: 400;">unauthorized mission</span></a><span style="font-weight: 400;"> for the CIA in Iran. "Gaetz's dad was secretly finding [sic] us. So I'm very much wanting this to be untrue. I've got a commando team leader friend of mine nervously waiting for wire transfers to clear," Novak explained. He claimed that Gaetz's extortion claim "burned" Bob Kent, a private investigator involved in the </span><a href="https://www.newsweek.com/robert-levinson-fbi-agent-iran-rescue-1356990"><span style="font-weight: 400;">efforts to free</span></a><span style="font-weight: 400;"> Levinson.</span></p>
<p><span style="font-weight: 400;">Those efforts were unlikely to succeed. The federal government </span><a href="https://www.cbsnews.com/news/robert-levinson-death-iran-trump-administration-blame/"><span style="font-weight: 400;">declared</span></a><span style="font-weight: 400;"> in 2020 that Levinson had died in Iranian captivity.</span></p>
<p><span style="font-weight: 400;">In a CNN </span><a href="https://edition.cnn.com/2021/04/05/politics/matt-gaetz-sex-trafficking-investigation-bob-kent-cnntv"><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;">, Kent acknowledged that he asked Gaetz's father for money to help rescue Levinson, but denied making any "threats" or "demands." A few months later, Florida businessman Stephen Alford—whom prosecutors called Kent's "</span><a href="https://law.justia.com/cases/federal/appellate-courts/ca11/22-13054/22-13054-2023-05-22.html"><span style="font-weight: 400;">associate</span></a><span style="font-weight: 400;">"—pleaded guilty to making "</span><a href="https://law.justia.com/cases/federal/appellate-courts/ca11/22-13054/22-13054-2023-05-22.html"><span style="font-weight: 400;">materially false promises</span></a><span style="font-weight: 400;">" of a pardon for Gaetz in exchange for funding the Levinson mission. Kent and Novak were not charged with crimes.</span></p>
<p><span style="font-weight: 400;">Years later, a congressional investigation <a href="https://www.pbs.org/newshour/politics/read-the-full-matt-gaetz-house-ethics-report-alleging-he-paid-for-sex-with-minor-used-illicit-drugs-as-congress-member">concluded</a> that Gaetz had indeed paid a 17-year-old girl for sex, though the federal government <a href="https://edition.cnn.com/2023/02/15/politics/matt-gaetz-justice-department">declined to prosecute</a> him.</span></p>
<p><span style="font-weight: 400;">Adams never quite gave a satisfying explanation for why he was involved in the case. "Jake [Novak] and I shared an interest in the mechanics of persuasion, and in interesting business/political stories in general. Most often the stuff with a persuasion or Israel angle. That was our initial connection&hellip;people often tell me their scoops before they hit the news just to build credibility. Might have been that," he </span><a href="https://www.politico.com/news/2021/09/23/israel-dilbert-matt-gaetz-513800"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Politico</span></i><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">The FBI files do little to shed light on that mystery, but they do put some of Adams' old comments in a new light. "Do you think they looked at my personal data because I ever had a conversation with somebody from another country? Probably. And I can't find that out, can I? If I sued the government, could I find out if they looked at my data? I could FOIA the FBI," he said in a </span><a href="https://www.youtube.com/live/JVMPYgCWPv0"><span style="font-weight: 400;">2022 livestream</span></a><span style="font-weight: 400;">. It turns out that the answer to these questions was yes.</span></p>
<p>The post <a href="https://reason.com/2026/06/01/why-did-the-fbi-want-dilbert-creator-scott-adams-twitter-data/">Why did the FBI Want &lt;i&gt;Dilbert&lt;/i&gt; Creator Scott Adams&#039; Twitter Data?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: DAN ROSENSTRAUCH/TNS/Newscom/Rokas Tenys/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Scott Adams, with the FBI logo in the background]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Judge Ross Should Have Been Punished For Abdicating Her Judicial Power To Her Law Clerks			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/judge-ross-should-have-been-punished-for-abdicating-her-judicial-power-to-her-law-clerks/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384972</id>
		<updated>2026-06-01T20:20:08Z</updated>
		<published>2026-06-01T20:19:11Z</published>
					<summary type="html"><![CDATA[Perhaps it is common enough for Presidents to sign executive orders he does not read, or for members of Congress to vote on bills they do not read, but federal judges should aspire to a higher standard.]]></summary>
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			<![CDATA[<p><span style="font-weight: 400">Judge Eleanor Ross, who serves on the federal bench in Atlanta, engaged in </span><a href="https://reason.com/volokh/2026/05/28/the-stains-on-the-federal-judiciary/"><span style="font-weight: 400">multiple acts of misconduct</span></a><span style="font-weight: 400">. She carried on a secret affair with an Atlanta police department officer for nearly two years, repeatedly had loud sex in her chambers, lied about her trysts, and obstructed the investigation. Each of these actions warranted a public reprimand and an impeachment inquiry. But one of the more stunning allegations has flown under the radar: Judge Ross routinely signs judicial orders her law clerks prepare without even reading them. Indeed, it seems she never even talks about these cases with her clerks, so likely has no clue what she is even approving. Yet the council that reviewed this case found no misconduct. </span></p>
<p><span style="font-weight: 400">Let me tell you a not-so-well-kept secret: most judges let their law clerks do far too much. Take it from my personal experience. I clerked in a federal district court for two years immediately after law school. The judge I clerked for, who recently passed away, was a </span><a href="https://reason.com/volokh/2025/05/30/judge-kim-r-gibson-1948-2025/"><span style="font-weight: 400">dedicated jurist and an honorable man</span></a><span style="font-weight: 400">, but he let his clerks have far too much autonomy. At the time, I was overwhelmed with how many important decisions turned on my immature judgment. In hindsight, I cringe at my mistakes that the judge did not catch. Judge Ross will likely lose her judgeship, either through resignation or impeachment. But the public needs to take a closer look at judges who have abdicated the judicial power to unknown law clerks.</span></p>
<p><span style="font-weight: 400">The Eleventh Circuit Court of Appeal's Judicial Council, which reviews misconduct complaints, interviewed six of Judge Ross's former law clerks. They explained that the judge's "longstanding practice was to handle all criminal case work without law clerk assistance." This choice makes some sense, as Ross was a former prosecutor. This work is also predictable. Virtually all federal cases wind up with plea bargains, so the most difficult work concerns calculating a defendant's sentence. This sort of judgment will be based in large part on experience and judicial philosophy. The judge I clerked for would allow law clerks to make recommendations but he always calculated the sentence himself after considering all the evidence.</span></p>
<p><span style="font-weight: 400">In contrast with the criminal docket, Judge Ross had no oversight of the civil docket. All six clerks reported that Judge Ross "did not indicate to the clerk how the judge was inclined to rule on the motion or otherwise provide any direction." Moreover, "it was generally understood that" Judge Ross "did not wish to discuss substantive civil-case related issues with clerks." I suppose her time was better spent having loud sex in chambers. </span></p>
<p><span style="font-weight: 400">To be clear, the Judge didn't talk to her clerks about cases before they were assigned, and didn't want to talk to the clerk while the cases were being considered. Worse still, it appears that the judge rubber-stamped virtually every civil order that came before her. The clerks relayed that Judge Ross "rarely, if ever, substantively edited civil orders the clerks drafted." Indeed, the clerks were "generally unaware as to whether the Subject Judge reviewed pleadings or draft civil orders." As proof, a law clerk "stated that on multiple occasions the judge emailed the clerk to docket an order within a few minutes of receiving it, indicating that the judge may not have had time to read it." </span></p>
<p><span style="font-weight: 400">Most civil cases in the federal system are resolved on motions without the benefit of oral argument. Judge Ross was likely able to get away with ignoring her civil docket unless summary judgment was denied and the case went to trial. At that point, she would have to catch up. A career clerk "recalled one instance in which, during the middle of a civil trial, [Judge Ross] made a comment indicating that the judge had recently, for the first time, read the order denying summary judgment in the case." With good reason, the clerks felt "uncomfortable with the level of discretion they appeared to exercise in handling civil cases" especially "given their inexperience."</span></p>
<p><span style="font-weight: 400">Judge Ross offered only a partial rejoinder to her clerks. Judge Ross conceded that she does not review any of the filings before assigning a case. Accordingly, she "does not offer clerks guidance, in advance, as to whether a motion should be granted or denied." The Judge maintained that she is "always available" to answer "substantive legal questions." Though it is unclear how much help she can provide if she never read any of the briefs. Judge Ross further "insisted that draft substantive orders are reviewed, and, from time to time, needed corrections are identified." </span></p>
<p><span style="font-weight: 400">Indeed, it isn't even clear what "reviewed" means in this context. She admitted "making edits to between 30 and 40 percent of draft orders." So between 60 percent and 70 percent of the orders she signed had no edits. How often is any work product perfect when delivered? As any editor would tell you, the answer is never. If "corrections are identified" only "from time to time" then the judge is not reviewing documents at all. What about those orders that she edits? Does Judge Ross read the briefs, check the caselaw, or assess the legal arguments? Or does she simply proofread to find typos? I would wager she does little if any substantive work.</span></p>
<p><span id="more-8384972"></span></p>
<p><span style="font-weight: 400">The Judicial Council that investigated Judge Ross's sexual misconduct and dishonesty said little about the civil docket. The committee was "troubled by the law clerks' assertion that the Subject Judge is not engaged in the resolution of civil cases (and, indeed, by the judge's own admission of such a lack of engagement)." Yet, the council found that the "facts established do not support a finding of judicial misconduct." Moreover, the council was assured that Judge Ross promised to "be more engaged in civil cases and more open to substantive discussions with law clerks." But notice what the Judge did not promise to do: read the briefs, inform the law clerks how she was inclined to rule, and read every order before signing it. This is not much of a promise.</span></p>
<p><span style="font-weight: 400">The public might be appalled that a life-tenured judge has delegated to a twenty-something law clerk the unchecked power to decide complex and impactful cases. But for anyone who has spent time in chambers, this sort of behavior is far too common. Recently, several judges got in trouble for publishing orders with </span><a href="https://reason.com/volokh/2025/07/24/hallucinations-in-the-district-of-new-jersey/"><span style="font-weight: 400">AI-hallucinated cases</span></a><span style="font-weight: 400">. In each case, they </span><a href="https://reason.com/volokh/2025/10/24/two-federal-judges-apologize-for-issuing-opinions-with-ai-hallucinations/"><span style="font-weight: 400">blamed their law clerks</span></a><span style="font-weight: 400">. The truth is the judges blindly signed the orders without checking any of the substance.</span></p>
<p><span style="font-weight: 400">Here, I feel compelled to disclose some of my own experience. The judge I clerked for had two clerks each year. The cases would be randomly assigned based on the docket number: one clerk would manage the odd-numbered cases and the other clerk would manage the even-numbered cases. During my two years there, I don't think the judge ever told me in advance how he wanted me to resolve a civil case. To be sure, if I ever had any questions--and I had many--the judge was always willing to talk about the case. But I do not recall that he had read the briefs. The advice was more generalized. </span></p>
<p><span style="font-weight: 400">When I submitted a draft opinion, he would always read it printed out on paper, and he would leave comments in the margins with his perfect penmanship. As best as I can recall, the comments mostly involved proofreading (then, as now, my work had typos). Occasionally he would write that my prose was not clear or that he didn't understand some point. I do not remember many substantive comments. He did not appear to check my citations, or determine whether my legal arguments were fully supported by precedent. I also don't think he checked the record to make sure my assertions were supported by facts.</span></p>
<p><span style="font-weight: 400">At some point early in the clerkship, I had this painful epiphany. I realized that I bore so much responsibility for someone else's life, liberty, or property, and I felt completely inadequate for the task. I recognized that the judge was unlikely to catch my errors, and it was up to me to get everything right. That is a stunning amount of responsibility for someone a few months out of law school. But, as can be predicted, I did not live up to that responsibility. One incident still burns in my mind. </span></p>
<p><span style="font-weight: 400">I was assigned a fairly complex commercial dispute. The motion for summary judgment raised an issue of first impression for the court. I spent more than a month writing an opinion on this issue, which I found really interesting. In the end, I recommended that the court grant summary judgment on the novel claim. As I recall, the judge reviewed the opinion for typos and substance but as usual, didn't question my bottom line conclusion. Shortly after the opinion was issued, the losing party filed a motion for reconsideration. I had never seen such a motion during my clerkship, but I realized it was bad. The lawyers relayed that the novel issue was raised for the first time at the summary judgment phase, and was not raised in the complaint. I can't recall if this issue was contested in the summary judgment phase, but it didn't matter. Under the rules of procedure, claims not raised in the complaint are waived. </span></p>
<p><span style="font-weight: 400">I screwed up, big time. I remember having this sinking feeling in my stomach. I wondered whether I would get fired (not the first time and not the last time I would have that feeling). The judge, who was far more patient than I deserved, was not upset. He calmly said I should revise the opinion to remove the discussion of the waived claim, and he would reissue the order. We did just that, and the case proceeded. With the benefit of hindsight it is clear enough that the judge did not read the complaint, the motion to dismiss, or the motion for summary judgment. There was no way he would have caught my egregious error given his processes. At most, he read the opinion his neophyte law clerk put together. </span></p>
<p><span style="font-weight: 400">This near-complete delegation of authority happens in every federal court in the country. That this practice is so common demonstrates why the Judicial Council was "troubled" but found no misconduct. I suspect that at least some, if not most, of the judges on the council engage in this behavior. </span></p>
<p><span style="font-weight: 400">Judge Ross's sordid affair, and subsequent lies, should be reason enough to remove her from the bench. But there should be more scrutiny of how she manages her civil dockets. First, it should be easy enough to compare how much time elapsed between when a clerk submitted an order and when the order was docketed. If only mere moments passed, that would be some proof that she did not even review these orders. Second, the court should compare the draft orders her clerk prepared and the final orders that are submitted. Again, this test would verify if she in fact reviewed a third of her orders, and determine how substantive those revisions are. This sort of inquiry might be labor intensive, but an AI app could process these inquiries in a few seconds. If she did not even offer this minimal scrutiny of her civil docket, it is possible that Judge Ross made further misstatements to the council.</span></p>
<p><span style="font-weight: 400">Still, I don't think this inquiry should end with Judge Ross. There should be a broader discussion of whether federal judges can blindly sign orders they do not even read. The Eleventh Circuit judicial council found this act to not be misconduct, but did not explain why. The President nominates, and the Senate confirms, federal judges with a lifetime position to exercise the judicial power. They are responsible for ensuring that people are not deprived of life, liberty, or property without the due process of law. Blindly signing an order prepared by a rookie clerk seems little better than flipping a coin to resolve a dispute. Perhaps it is common enough for Presidents to sign executive orders he does not read, or for members of Congress to vote on bills they do not read, but federal judges should aspire to a higher standard. The rule of law depends on it.</span></p>
<p>The post <a href="https://reason.com/volokh/2026/06/01/judge-ross-should-have-been-punished-for-abdicating-her-judicial-power-to-her-law-clerks/">Judge Ross Should Have Been Punished For Abdicating Her Judicial Power To Her Law Clerks</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[
				Trump Broke the Law When He Slapped His Name on the Kennedy Center, a Federal Judge Says			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/trump-broke-the-law-when-he-slapped-his-name-on-the-kennedy-center-a-federal-judge-says/" />
		<id>https://reason.com/?p=8384835</id>
		<updated>2026-06-01T19:39:56Z</updated>
		<published>2026-06-01T19:40:05Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Rule of law" /><category scheme="https://reason.com/latest/" term="Separation of Powers" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="John F. Kennedy" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The decision is a modest but welcome victory for the rule of law.]]></summary>
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		<p>The trustees of the John F. Kennedy Center for the Performing Arts flouted the will of Congress when they renamed the institution after President Donald Trump, a federal judge in Washington, D.C., <a href="https://www.npr.org/2026/05/29/nx-s1-5839349/president-trump-kennedy-center-name-judge-order">ruled</a> on Friday. Whatever your opinion of Trump or JFK, the decision is a useful reminder that the president, no matter what he <a href="https://reason.com/2026/04/06/with-his-grandiose-white-house-ballroom-plan-trump-again-asserts-the-power-to-do-as-he-pleases/">might think</a>, is not above the law.</p>
<p>The Kennedy Center's Board of Trustees, which is chaired by Trump himself and stacked with his cronies, "overstepped its statutory bounds by unilaterally renaming the Kennedy Center after President Trump," U.S. District Judge Christopher Cooper <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.50.0_1.pdf">concluded</a> in <em>Beatty v. Trump</em>. "In 1964, Congress deliberately rechristened the 'National Cultural Center' the 'John F. Kennedy Center for the Performing Arts.' The text, structure, and evolution of the organic statute makes the institution's name abundantly clear."</p>
<p>Trump was predictably outraged by Cooper's assault on his vanity. "Judge Cooper ruled that the 36 Member Board of Trustees, which unanimously voted to add the name 'TRUMP' onto the former Kennedy Center, making it The Trump Kennedy Center, did not have the right to do such an addition, and the name, 'TRUMP,' must be removed," the president <a href="https://truthsocial.com/@realDonaldTrump/posts/116659958155235373">huffed</a> on Truth Social. "Judge Cooper should be ashamed of himself!"</p>
<p>Trump's complaint is striking for two reasons. First, it suggests that Trump, contrary to what you might have surmised from this controversy and decades of similar evidence, is familiar with the concept of shame. Second, Trump makes no attempt to argue that Cooper got the law wrong. As usual, Trump is simply frustrated by the limits that the law imposes on his whims.</p>
<p>On December 18, the Kennedy Center's board voted to change the institution's name. The very next day, 17 letters were added to the building's portico, giving the place an awkward new name: "THE DONALD J. TRUMP AND THE JOHN F. KENNEDY MEMORIAL CENTER FOR THE PERFORMING ARTS."</p>
<p>Although she is officially a member of the center's board, Rep. Joyce Beatty (D–Ohio) had no say in that decision. In addition to Trump and 32 other presidential appointees, the board <a href="https://www.kennedy-center.org/about-us/leadership/trustees/">includes</a> 23 <em>ex officio</em> members who serve by virtue of their positions in federal or local government. But in May 2025, the board decided that <em>ex officio </em>trustees like Beatty would no longer be allowed to vote. Beatty instead expressed her displeasure at the name change by filing a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.1.0_1.pdf">federal lawsuit</a>. Her argument was straightforward: "Because Congress named the center by statute, changing the Kennedy Center's name requires an act of Congress."</p>
<p>It is not hard to see why Cooper agreed with Beatty. When Congress <a href="https://www.congress.gov/88/statute/STATUTE-78/STATUTE-78-Pg4.pdf">amended</a> the National Cultural Center Act in 1964, it established a "bureau" within the Smithsonian Institution that "shall be directed by a board to be known as the Trustees of the John F. Kennedy Center for the Performing Arts." It instructed the trustees to "construct within the Smithsonian Institution&hellip;a building to be designated as the John F. Kennedy Center for the Performing Arts."</p>
<p>The board's "duty," Congress said, "shall be to maintain and administer the John F. Kennedy Center for the Performing Arts and site thereof as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy." It added that the Kennedy Center would be "the sole national memorial to the late John Fitzgerald Kennedy within the city of Washington and its environs."</p>
<p>The amendments changed the name of the law to the "John F. Kennedy Center Act" and replaced all references to the "National Cultural Center" with "John F. Kennedy Center for the Performing Arts." Congress added that "any designation or reference to the National Cultural Center in any other law, map, regulation, document, record, or other paper of the United States shall be held to designate or refer to such Center as the John F. Kennedy Center for the Performing Arts."</p>
<p>The law "refers to the institution as the 'John F. Kennedy Center for the Performing Arts' no fewer than two dozen times," Cooper noted. "There can be no confusion about the name Congress gave it." In fact, he said, "it is hard to imagine a more intentional legislative effort to call the Center by its chosen name."</p>
<p>Trump et al. "do not contest that the Center must be named for President Kennedy," Cooper wrote. Instead, they "posit that the 'Trump Kennedy Center' is merely a<br />
'secondary name.'" But "that convenient reframing is too cute by half—and belied by the record."</p>
<p>On December 18, White House press secretary Karoline Leavitt <a href="https://x.com/PressSec/status/2001717032191168839?lang=en">announced</a> that the trustees "have just voted unanimously to rename the Kennedy Center to the Trump-Kennedy Center." The next day, "President Trump's name was affixed to the front portico of the main Kennedy Center building—above President Kennedy's, to boot," Cooper noted. "The joint name has since been featured on the Center's official website, email communications, letterhead, and logo. The Center even filed a trademark application with the institution's new name and logo. These official changes reflect far more than an innocuous nicknaming."</p>
<p>In short, Cooper said, "the 'Trump Kennedy Center' label adds an entirely new name to the Center's formal title and relegates President Kennedy's name to second place. If that is not a renaming, what is?"</p>
<p>Cooper identified another way in which Trump's self-aggrandizement violated federal law. A provision that Congress enacted in 1983 <a href="https://www.law.cornell.edu/uscode/text/20/76j">says</a> "no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts." It makes exceptions for "any plaque acknowledging a gift from a foreign country," "any plaque on a theater chair or a theater box acknowledging the gift of such chair or box," and "any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledging a major contribution." In 2012, Congress imposed another restriction, <a href="https://www.law.cornell.edu/uscode/text/20/76i">prohibiting</a> donor acknowledgments on the exterior of the building.</p>
<p>Trump et al. argued that adding his name to the portico did not qualify as a memorial. "That suggestion is risible, both in light of the record evidence and as a matter of common sense," Cooper said. "The lettering literally reads: 'The Donald J. Trump and [the] John F. Kennedy Memorial Center for the Performing Arts.'"</p>
<p>When Leavitt announced the new name, she said it was meant to recognize "the unbelievable work President Trump has done over the last year in saving the building"—"not only from the standpoint of its reconstruction, but also financially, and its reputation." Roma Daravi, the center's vice president for public relations, likewise <a href="https://x.com/romadaravi/status/2001733654083477615?lang=en">said</a> the name change "recognizes that the current Chairman saved the institution from financial ruin and physical destruction."</p>
<p>The renaming clearly "was meant to honor President Trump's work on the Center," Cooper said. "And no wonder—why add an individual's name to the very title of an institution if not to commemorate him?"</p>
<p>Trump et al. "quibble with the terms of Congress's clear proscription, arguing, for<br />
instance, that the lettering on the front portico is permissible because a 'memorial' can only honor some 'past impression' of a person or entity, and Mr. Trump is the sitting president," Cooper noted. "This is more than a stretch. As a textual matter, Congress has not just banned public 'memorials' at the site, but 'plaques <em>in the nature of</em> memorials.' In any event, according to the Press Secretary, the 'Trump Kennedy Center' name recognized the 'unbelievable work President Trump' <em>had already done</em> to 'salvag[e]' the building during the first year of his second term. The renaming was thus an effort to ensure that future visitors would be aware of the President's 'past' work."</p>
<p>The defendants also argued that a "memorial" cannot honor someone who is still alive. Cooper disagreed: "Nothing in the plain text of the statute endorses such a constricted reading. And nothing in the ordinary meaning of 'memorial' suggests that the word <em>necessarily</em> denotes posthumous commemoration, even by the Defendants' own cited dictionary definition." The exceptions that Congress made, which allowed "plaques in the nature of memorials" acknowledging financial supporters, likewise indicate that the category goes beyond references to dead people.</p>
<p>You might not care what this particular entertainment venue is called. You might even question whether the federal government should be funding such a facility at all. But as with Trump's <a href="https://reason.com/2026/04/06/with-his-grandiose-white-house-ballroom-plan-trump-again-asserts-the-power-to-do-as-he-pleases/">grand plans</a> for replacing the demolished East Wing of the White House, the issue here goes beyond the embarrassment of the president's unquenchable thirst for self-glorification and public adulation.</p>
<p>In ways <a href="https://reason.com/2026/02/25/the-scotus-tariff-decision-vindicates-the-rule-of-law-and-the-separation-of-powers/">large</a> and <a href="https://reason.com/2026/05/29/trumps-proposed-250-bill-is-everything-the-founders-despised/">small</a>, Trump has repeatedly <a href="https://reason.com/2025/04/25/trumps-understanding-of-due-process-is-just-as-farcical-as-his-definition-of-alien-enemies/">acted</a> as if he can do <a href="https://reason.com/2025/12/24/refusing-to-let-trump-deploy-the-national-guard-in-chicago-scotus-adds-a-new-wrinkle-to-the-debate/">whatever he wants</a>, without regard to the rule of law or the separation of powers. Given that track record, Cooper's rebuke is a modest but welcome vindication of those principles.</p>
<p>The post <a href="https://reason.com/2026/06/01/trump-broke-the-law-when-he-slapped-his-name-on-the-kennedy-center-a-federal-judge-says/">Trump Broke the Law When He Slapped His Name on the Kennedy Center, a Federal Judge Says</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[AdMedia/Mega/JGLIT/Matt Kaminsky/Zuma Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump in front of a sign for the renamed Kennedy Center]]></media:description>
		<media:title><![CDATA[Trump-Kennedy-Center]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Trump-Kennedy-Center-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Trump's Cotton Bailout Is Another Sign His Tariffs Aren't Working			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/trumps-cotton-bailout-is-another-sign-his-tariffs-arent-working/" />
		<id>https://reason.com/?p=8384904</id>
		<updated>2026-06-01T18:24:31Z</updated>
		<published>2026-06-01T18:24:31Z</published>
			<category scheme="https://reason.com/latest/" term="Economic Nationalism" /><category scheme="https://reason.com/latest/" term="Farm Subsidies" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Cotton" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Globalization" />		<summary type="html"><![CDATA[The Great American Cotton Plan will shell out millions in taxpayer funds, continuing the Trump administration’s pattern of paying off industries harmed by the president’s economic policies.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/01/trumps-cotton-bailout-is-another-sign-his-tariffs-arent-working/">
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										alt="Donald Trump with a picture of a cotton plant behind him | Illustration: Mohammed Shajahan/ZUMAPRESS/Samuel Corum/UPI/Newscom"
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		<p><span style="font-weight: 400">As the agriculture sector continues to feel the pain of President Donald Trump's </span><a href="https://reason.com/2026/05/27/trumps-trade-war-caused-a-15-billion-decline-in-u-s-farm-sales-to-china/"><span style="font-weight: 400">trade policies</span></a><span style="font-weight: 400"> and the </span><a href="https://www.inlander.com/news/the-war-in-iran-has-washington-farmers-bracing-for-even-higher-costs-amid-what-are/article_4d88f898-7fbd-4eb5-8eed-b30cd88bfffe.html"><span style="font-weight: 400">illegal war in Iran</span></a><span style="font-weight: 400">, Washington is bailing out cotton farmers. </span></p>
<p>On Thursday, the U.S. Department of Agriculture (USDA) announced the <a href="https://www.usda.gov/sites/default/files/documents/cotton-plan.pdf">Great American Cotton Plan</a>, a protectionist initiative to subsidize American cotton farmers. Agriculture Secretary Brooke Rollins <a href="https://www.usda.gov/about-usda/news/press-releases/2026/05/28/usda-launches-great-american-cotton-plan-revitalize-cotton-farm-economy">says</a> the plan is necessary to help domestic growers who are being "crushed by rising costs, unfair foreign competition, and a flood of cheap synthetic products." To that end, the USDA will distribute <a href="https://www.usda.gov/sites/default/files/documents/cotton-plan.pdf">$16 million annually</a> to cotton farmers through the <a href="https://www.fas.usda.gov/programs/pima-agriculture-cotton-trust-fund">Pima Agriculture Cotton Trust Fund</a>, which received a windfall in last year's One Big Beautiful Bill Act.</p>
<p><span style="font-weight: 400">As part of the plan, Cotton farmers will receive a price floor of 55 cents per pound for upland cotton and $1 per pound for extra-long staple. If market prices fall below those rates, American taxpayers will be on the hook to cover the gap. </span></p>
<p><span style="font-weight: 400">That could happen sooner rather than later. The world market price for upland cotton, which was about 69 cents per pound last week, is projected to drop to 63 cents per pound this week, </span><a href="https://www.ams.usda.gov/mnreports/cnwwcmr.pdf"><span style="font-weight: 400">according to</span></a><span style="font-weight: 400"> USDA data. </span></p>
<p><span style="font-weight: 400">The Great American Cotton Plan also awards the National Cotton Council, an industry trade group, with</span> <a href="https://www.fas.usda.gov/programs/market-access-program-map/map-funding-allocations-fy-2026">$13 million</a> in taxpayer funds this year through the Market Access Program—even though the group has already received over $140 million in the last decade. The Trump administration will also promote the Council's <a href="https://cdn.prod.website-files.com/68909e4c870767b36140f392/68c04671c4ce6db65e41eb5f_981c129d6cd4370f8d1cf83468347e4d_NCC%20Plant%20Not%20Plastic%20Campaign%20Launch%20Press%20Release%20September%202025_FINAL.pdf">"Plant Not Plastic" campaign</a>, positioning cotton as the choice for microplastic-conscious consumers.</p>
<p><span style="font-weight: 400">American cotton production has been declining for years. Given the government's penchant for propping up struggling sectors, it's no surprise that the industry is receiving this bailout. But it's not "unfair foreign competition" or "trade distortions" that are causing America's cotton industry to falter. Over the past decade, </span><a href="https://www.congress.gov/crs-product/R48548#fn80"><span style="font-weight: 400">84 percent</span></a><span style="font-weight: 400"> of domestically produced cotton has been exported on average, which suggests that trade is going well for farmers. </span></p>
<p><span style="font-weight: 400">Instead, it's the president's own policies. </span></p>
<p><span style="font-weight: 400">During the first Trump administration, a </span><a href="https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-signing-u-s-china-phase-one-trade-agreement-2/"><span style="font-weight: 400">two-year trade war</span></a><span style="font-weight: 400"> with China helped Brazil become the leading global exporter of cotton. With retaliatory Chinese tariffs on American cotton as high as 65 percent, the trade war reduced the value of U.S. agricultural exports by about $25.7 billion, </span><a href="https://www.ers.usda.gov/publications/pub-details?pubid=102979"><span style="font-weight: 400">according to</span></a><span style="font-weight: 400"> a report by the USDA Economic Research Service. </span></p>
<p><span style="font-weight: 400">The impacts of this are still being felt: In 2025, U.S. cotton exports to Turkey fell by </span><a href="https://oec.world/en/profile/bilateral-product/cotton/reporter/usa"><span style="font-weight: 400">62 percent</span></a><span style="font-weight: 400"> as the country turned to cheaper Brazilian cotton. Meanwhile, the president's Liberation Day tariffs led China to impose steep retaliatory duties, causing annualized U.S. agricultural cotton exports to fall by nearly $1.3 billion, </span><a href="https://cdn.brownfieldagnews.com/wp-content/uploads/2026/05/NDSU-Agricultural-Trade-Monitor-2026-05.pdf"><span style="font-weight: 400">according to</span></a><span style="font-weight: 400"> North Dakota State University.</span></p>
<p><span style="font-weight: 400">Fewer exports aside, cotton farmers, textile manufacturers, and others in the industry face rising input costs for steel, aluminum, fertilizer, and agricultural goods due to </span><a href="https://www.congress.gov/crs-product/R48548"><span style="font-weight: 400">retaliatory tariffs</span></a><span style="font-weight: 400"> imposed by countries such as Mexico, Canada, Turkey, India, and China—all critical markets for America's cotton industry. </span></p>
<p><span style="font-weight: 400">The consequences and unpopularity of these tariffs among cotton farmers led the National Cotton Council to sign on to </span><a href="https://www.cotton.org/issues/2025/loader.cfm?csModule=security/getfile&amp;pageid=238814&amp;searchID=157922&amp;pageNum=1"><span style="font-weight: 400">a letter</span></a><span style="font-weight: 400"> last April, urging the administration to back off the policy, which risked a combined $80 billion in agricultural exports. </span></p>
<p><span style="font-weight: 400">The Trump administration has </span><a href="https://reason.com/2025/12/08/trumps-11-billion-farm-bailout-is-further-proof-that-tariffs-arent-working/"><span style="font-weight: 400">made a habit</span></a><span style="font-weight: 400"> of </span><a href="https://www.usda.gov/about-usda/news/press-releases/2025/03/18/usda-expediting-10-billion-direct-economic-assistance-agricultural-producers"><span style="font-weight: 400">bailing out farmers</span></a><span style="font-weight: 400"> faced with the negative impacts of its tariff policies. But rather than admitting its trade policies don't work and letting the cotton industry stand on its own, the administration is preparing to double down on its bailout strategy. Farmers may like it, but ultimately, taxpayers will pay the price. </span></p>
<p>The post <a href="https://reason.com/2026/06/01/trumps-cotton-bailout-is-another-sign-his-tariffs-arent-working/">Trump&#039;s Cotton Bailout Is Another Sign His Tariffs Aren&#039;t Working</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Mohammed Shajahan/ZUMAPRESS/Samuel Corum/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Donald Trump with a picture of a cotton plant behind him]]></media:description>
		<media:title><![CDATA[trump-cotton-v2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/trump-cotton-v2-1200x675.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[
				Justice Thomas Faults The Court's Inconsistent Approach to Summary Reversals			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/justice-thomas-faults-the-courts-inconsistent-approach-to-summary-reversals/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384915</id>
		<updated>2026-06-01T19:20:56Z</updated>
		<published>2026-06-01T17:33:25Z</published>
					<summary type="html"><![CDATA[This aspect of the "shadow" docket is largely ignored.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/01/justice-thomas-faults-the-courts-inconsistent-approach-to-summary-reversals/">
			<![CDATA[<p>Today the Supreme Court summarily reversed an Eleventh Circuit capital case, <a href="https://www.supremecourt.gov/opinions/25pdf/25-580_08m1.pdf"><em>Whitton v. Dixon</em></a>. Justice Thomas dissented, joined for the most part by Justice Alito. The Eleventh Circuit issued a 60-page decision, but the Court found objectionable two sentences. As Justice Thomas points out in his dissent, the Eleventh Circuit can simply strip out those two sentences, and the outcome would remain unchanged. This seems to be the essence of harmless error. Why, then, did the Court waste everyone's time with a summary reversal?</p>
<p>Justice Thomas charges his colleagues with an inconsistent approach to summary reversal.</p>
<blockquote><p>This Court has increasingly granted summary relief in certain cases based on lower court errors that seemingly had no effect on the outcome of the case. See Pitts v. Mississippi, 607 U. S. 1 (2025) (per curiam) (granting summary vacatur for man who sexually abused his daughter after likely harmless trial error); Doe v. Dynamic Physical Therapy, LLC, 607 U. S. 11 (2025) (per curiam) (granting summary vacatur after likely harmless state intermediate appellate court error). It would be one thing if this practice reflected the Court's consistent commitment to correcting legal error in all cases. But, in reality, this Court routinely declines to provide relief to law-abiding Americans when it would actually matter, even after lower courts conspicuously flout this Court's precedents in ruling against them.</p></blockquote>
<p>Over the years, I've noticed this practice. The Court issues a narrow summary reversal on grounds that are easily surmounted, the lower court affirms the conviction, and then the Supreme Court denies cert. What's the point? Why waste so much time and effort on correcting an error that will not affect the outcome of the case. The Supreme Court often says its certiorari docket is not designed for error correction, but as usual, all the rules go out the window for capital cases. The murder in this case occurred in 1990. As often happens in capital cases, delay is the end and not the means.</p>
<p>Justice Thomas also flags specific cases where his colleagues denied certiorari, even as lower courts flouted the Supreme Court. First, he noted two post-<em>SFFA</em> affirmative action cases involving the Boston School Committee and Thomas Jefferson High School in Alexandria, Virginia. The Court refused to "correct a glaring constitutional error." Second, he pointed to the Court's refusal to revisit the Feres doctrine in <em>Beck v. United States</em>. (Justice Alito did not join this part of the dissent, as he did not dissent in <em>Beck</em>.) Third, Thomas cited two cases from <em>Speech First </em>that challenged campus bias response teams. Lower courts found there was no standing, and the Court did nothing.</p>
<p>I continue to think the Supreme Court's mandatory jurisdiction should be expanded. Too many important issues are being left unresolved, and the Justices offer no explanation why. This failure to take important cases is compound when the Justices expend their limited resources in summarily reversing a capital case where the outcome will not change.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/01/justice-thomas-faults-the-courts-inconsistent-approach-to-summary-reversals/">Justice Thomas Faults The Court&#039;s Inconsistent Approach to Summary Reversals</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Shame on the U.K. for Censoring Hasan Piker and Cenk Uygur			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/shame-on-the-u-k-for-censoring-hasan-piker-and-cenk-uygur/" />
		<id>https://reason.com/?p=8384861</id>
		<updated>2026-06-01T17:22:42Z</updated>
		<published>2026-06-01T17:22:42Z</published>
			<category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Hate Speech" /><category scheme="https://reason.com/latest/" term="England" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA["This ban is completely unfounded and must be reversed," writes Shabbos Kestenbaum.]]></summary>
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		<p>The United Kingdom's interior ministry is prohibiting two progressive commentators, Hasan Piker and Cenk Uygur, from visiting the country to participate in an ideas festival. This is abject censorship and ought to be condemned as such.</p>
<p>Uygur is a cohost of <em>The Young Turks, </em>a popular news program on YouTube. Piker, who made a name for himself as a Twitch streamer, is Uygur's nephew. Both are relentless critics of the state of Israel. Piker often goes much further than Uygur, and has repeatedly made gross and inflammatory statements, including that America "<a href="https://www.thetimes.com/uk/politics/article/twitch-streamer-hassan-piker-0pz65jfxb">deserved</a> 9/11" and offering <a href="https://nypost.com/2026/05/31/us-news/hasan-piker-defends-pro-communist-anti-ice-singham-network-activists-as-wonderful-people/">praise</a> for repressive communist regimes.</p>
<p>These are not good reasons to deny him entry to the U.K., however. In a statement, the government <a href="https://www.nbcnews.com/news/us-news/uk-blocks-visits-left-wing-us-commentators-cenk-uygur-hasan-piker-rcna347832">confirmed</a> that it had rescinded the pair's travel visas because "their presence in the U.K. may not be conducive to the public good"—an Orwellian-sounding statement if ever there was one.</p>
<p>It is true that the U.K. lacks a First Amendment, and as such, is under no special obligation to protect free expression within the country. Moreover, governments can and do place restrictions on who can visit. Kanye West, for example, has also been <a href="https://www.bbc.com/news/articles/c4gxk3kxjr0o">denied entry</a> to perform in the U.K. due to his history of anti-Semitism.</p>
<p>But that doesn't mean it is right or just to ban them. On the contrary, it is a disturbing new low for an ostensibly free and liberal Western democracy to decide that political commentators should not be allowed to speak within the country.</p>
<p>And make no mistake: The only reason for this ban is to prevent a pair of notable critics of the state of Israel from voicing their opinions. The interior ministry cited concern for "the public good," yet there is no reason to think that either Piker or Uygur will have any impact on the public except via their speech. They do not participate in violence, and they do not have throngs of supporters who will engage in violence. What possible harm could they cause? Note as well that the government only mentions a <em>potential</em> fear: Their presence <em>might </em>not be conducive to the public good. This is as sinister as it is vague, and represents a profound challenge to the idea that Britain's current Labour Government understands the value of free speech at all.</p>
<p>Piker has <a href="https://x.com/hasanthehun/status/2061206542205198701">blamed</a> the Israeli government and suggested that British authorities faced pressure to act. It's not clear whether that was the case; if so, it was a foolish thing for Israel to do. It makes the pro-Jewish cause seem as if its adherents are afraid of open debate on this topic. Silencing the opposition is a surefire way to draw more attention toward, and sympathy for, the causes that Piker and Uygur represent.</p>
<p>Don't just take it from me—take it from Shabbos Kestenbaum, a conservative commentator for PragerU and defender of Israel. I recently appeared on a debate panel with Kestenbaum and Ana Kasparian, a fierce Israel critic and Uygur's cohost on <em>The Young Turks</em>. I had a front row seat to the spirited, <a href="https://www.youtube.com/watch?v=77pPzWgw_7s">and at times vicious</a>, debate on this topic between the two. Undoubtedly, Kestenbaum would be no less vigorous when going toe to toe with Uygur.</p>
<p>During his visit to the U.K., Uygur had intended to participate in a debate with Kestenbaum, moderated by Piers Morgan. Now that the event will not occur as intended, Kestenbaum is outraged.</p>
<p>"This ban is completely unfounded and must be reversed," wrote Kestenbaum on X. "Free speech must always be protected and allowed. Shame on [Prime Minister] Keir Starmer."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I was meant to be on Piers Morgan debating Cenk Uygur this Monday in London.</p>
<p>We just got word Cenk has been banned from the UK.</p>
<p>This ban is completely unfounded and must be reversed.</p>
<p>Free speech must always be protected and allowed.</p>
<p>Shame on Keir Starmer.</p>
<p>&mdash; Shabbos Kestenbaum (@ShabbosK) <a href="https://x.com/ShabbosK/status/2061226255203078432?ref_src=twsrc%5Etfw">May 31, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>Unfortunately, this is just the latest manifestation of the U.K.'s growing climate of speech suppression, something that has not gone without notice here in the U.S. Vice President J.D. Vance <a href="https://www.theguardian.com/commentisfree/2025/jun/10/i-really-hate-to-say-it-but-i-agree-with-jd-vance-britain-has-a-free-speech-problem">famously upbraided</a> Starmer over his government's vigorous prosecution of hate speech offenses, which <a href="https://reason.com/2026/05/07/pastor-found-guilty-of-violating-u-k-speech-laws-for-preaching-john-316-sermon-near-hospital/">have resulted in fines and even jail time for dissenters</a>.</p>
<p>The post <a href="https://reason.com/2026/06/01/shame-on-the-u-k-for-censoring-hasan-piker-and-cenk-uygur/">Shame on the U.K. for Censoring Hasan Piker and Cenk Uygur</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Cenk Uygur and Hasan Piker]]></media:description>
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		<media:text><![CDATA[Cenk Uygur and Hasan Piker]]></media:text>
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		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"ICE Expected the Court to Accept &#8230; [Its] Basis for Detaining Petitioner, but Shield Its Rationale from the Court"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/ice-expected-the-court-to-accept-its-basis-for-detaining-petitioner-but-shield-its-rationale-from-the-court/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384912</id>
		<updated>2026-06-01T17:09:04Z</updated>
		<published>2026-06-01T17:09:04Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA["Such practices are repugnant to the rule of law, and ICE is warned that further obfuscation and misuse of sealing and redaction before the undersigned will lead to sanctions against the agency."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/01/ice-expected-the-court-to-accept-its-basis-for-detaining-petitioner-but-shield-its-rationale-from-the-court/">
			<![CDATA[<p>From Judge Sanket Bulsara (E.D.N.Y.) Wednesday in <a href="https://cases.justia.com/federal/district-courts/new-york/nyedce/2:2026cv03098/546388/13/0.pdf"><em>Nazarenko v. Genalo</em></a>:</p>
<blockquote><p>On May 25, 2026, Respondents filed an answer to the [habeas] petition in this case. That response contained as an exhibit an INA § 236(a) Initial Custody Determination ("INA § 236(a)"). The document was redacted—including the date and time of the arrest of Petitioner and the "Discussion" outlining the basis for a finding of dangerousness. ICE took it upon itself to redact the document, claiming it had been "authorized for release on the condition that certain information, regarding the assessment of dangerousness, be redacted."</p>
<p>The Court immediately noted that the filing of such a document violated its Individual Practices. And importantly, there was no version of the document filed on the docket for the Court to view in unredacted form. In other words, ICE expected the Court to accept that it properly conducted an evaluation of Petitioner's dangerousness, and the basis for detaining Petitioner, but shield its rationale from the Court.</p>
<p>Such practices are repugnant to the rule of law, and ICE is warned that further obfuscation and misuse of sealing and redaction before the undersigned will lead to sanctions against the agency. The Court herein details the reasons why it will not tolerate such practices in the future.</p></blockquote>
<p><span id="more-8384912"></span></p>
<blockquote><p>To its credit, upon order that the information be provided to the Court, the United States Attorney's Office filed an unredacted version of the document on the docket. With that unredacted version there was a motion to seal, to keep the information from all public view. The motion is denied.</p>
<p>The motion claims that the information contained therein is protected by the law enforcement privilege. This misapprehends the posture of the case and the filing. The Court is not conducting a discovery exchange with the parties, where one side can claim privilege and avoid scrutiny of a document. Respondents have relied upon the INA § 236(a) to justify their detention of Petitioner, an extraordinary remedy in a <em>civil</em> proceeding, and to respond to the allegation that his detention violated due process.</p>
<p>Having produced the document, Respondents cannot assert a privilege over its contents. They cannot also rely on the document but then shield its contents from the other side (and the Court). <em>See </em><em>In re Sims</em> (2d Cir. 2008) ("[A] party cannot partially disclose privileged communications or affirmatively rely on privileged communications <em>to support its claim or defense</em> and then shield the underlying communications from scrutiny by the opposing party."). "The unfairness courts have found which justified imposing involuntary forfeiture [of a privilege] generally resulted from a party's advancing a claim to a court or jury (or perhaps another type of decision maker) while relying on its privilege to withhold from a litigation adversary materials that the adversary might need to effectively contest or impeach the claim." And that unfairness arises when Respondents seek to use the existence of a custody determination to argue—as they have—that Petitioner received due process but simultaneously preclude him (and the Court) from examining the basis on which the challenged decision was rendered. Privileges cannot be used as a shield and a sword.</p>
<p>The law enforcement privilege also is simply unavailable. As an initial matter, "[n]o affidavits have been submitted to the Court &hellip; making an official claim of privilege by the executive level officials of the departments having control over the requested information, i.e. ICE, OIA and USASDNY, based on personal consideration by those officials of the matter, specifying the information for which the privilege is claimed and explaining why it falls properly within the scope of the privilege." That alone makes the privilege out of reach for Respondents: "[n]either an unofficial invocation of the law enforcement privilege by counsel representing the government nor that counsel's assertions, with respect to the privilege, can be used to meet the threshold requirements imposed on the party invoking the law enforcement privilege." <em>See also </em><em>In re Sealed Case</em> (D.C. Cir. 1988) (To assert the privilege: "(1) there must be a formal claim of privilege by the head of the department having control over the requested information; (2) assertion of the privilege must be based on actual personal consideration by that official; and (3) the information for which the privilege is claimed must be specified, with an explanation why it properly falls within the scope of the privilege.").</p>
<p>But even the conclusory assertions offered by Respondents do not satisfy the assertion of the privilege. The privilege applies to "law enforcement techniques and procedures, information that would undermine the confidentiality of sources, information that would endanger witness and law enforcement personnel or the privacy of individuals involved in an investigation, and information that would otherwise interfere with an investigation."</p>
<p>Respondents assert privilege over the basis of an ICE custody determination. But custody determinations have nothing to do with law enforcement techniques, sources, or privacy. Custody determinations are not privileged—they are subject to review by supervisors, agencies, and courts, and are not conducted in secret. And as applied to the determination here, Respondents appear to believe that because the ICE officer relied on an Interpol notice to detain Petitioner—they are entitled to invoke the privilege. But an Interpol notice is not a secret law enforcement technique. The existence of an Interpol notice is often a matter of public record. The fact that a notice exists against a person tells us nothing about law enforcement techniques or any matter that falls comfortably within the privilege. For example, it is not information "pertain[ing] to ICE's removal operations and techniques and the logistics of removal." In this case, the reference to the Interpol notice—that it was used to detain Petitioner—reveals no more information about the notice and ICE's use of the document than would be apparent from a privilege log.</p>
<p>If it is redaction that Respondents seek—that is, to prevent the public from knowing the content of the document—then they should have argued that redaction satisfied the [<em>Lugosch v. Pyramid Co. of Onondaga</em> (2d Cir. 2006)] factors. Those factors govern the protection of certain information from public disclosure, notwithstanding the First Amendment interests in public access. Respondents do not acknowledge those factors &hellip;, let alone attempt to satisfy them.</p>
<p>In any event, there is no basis for permitting redaction. "[I]t is well established that the public and the press have a qualified First Amendment right to attend judicial proceedings and to access certain judicial documents&hellip;. The Second Circuit has extended this right of access to civil trials, pretrial suppression hearings, plea agreements and plea hearings, information on the payment of court-appointed counsel, bail hearings, live <em>voir dire</em> proceedings, sentencing hearings, and even administrative hearings."</p>
<p>The custody form—and the basis for custody—fits comfortably within this scope of documents for which public access is generally accorded. And the document is central to the Court's decision-making on the petition. As the Court's decision granting the writ—which analyzes the legal basis for ICE's conclusion about Petitioner's dangerousness, concluding it violated due process—illustrates, this document is a quintessential judicial document.</p></blockquote>
<p>And here's the court's <a href="https://cases.justia.com/federal/district-courts/new-york/nyedce/2:2026cv03098/546388/11/0.pdf">opinion</a> (released Tuesday) on Nazarenko's substantive claims:</p>
<blockquote><p>Petitioner Alexey Nazarenko ("Nazarenko"), a citizen of Russia who has lived in the United States since 2019, was arrested on May 21, 2026, by U.S. Immigration and Customs Enforcement ("ICE") officers at an asylum interview with the U.S. Citizenship and Immigration Services ("USCIS"). Nazarenko was lawfully admitted into the United States on a visitor visa on April 4, 2019, and filed an application for asylum for himself and his family members on September 27, 2019.</p>
<p>Nazarenko is seeking asylum due to political persecution in Russia. He was an elected deputy of the Stavropol Territory Duma in Russia, which allegedly fabricated criminal proceedings against him and his family members, and also made a variety of other threats.  His asylum application has been pending for seven years.  And during that time, he has made every single one of his asylum and immigration appointments without fail.</p>
<p>Nazarenko's wife and three children (two of whom are minors) reside in the United States.  He has an established business in New York, which he relies on to provide for his family, and has paid his taxes. Nazarenko has no criminal history.</p>
<p>As part of his asylum process, Nazarenko was directed to appear for an interview by USCIS.  It was during this interview, on May 21, 2026, that he was arrested by ICE.  The morning of the interview, ICE executed a warrant for arrest, an I-200, and a Notice to Appear ("NTA"), which placed him in removal proceedings&hellip;.</p>
<p>The sole basis for concluding that Nazarenko should remain in custody was that he "is wanted by INTERPOL in Russia for the crime of Fraud if convicted he faces up to 10 years in prison." This turns out to be false. And either ICE deliberately misstated facts or failed to investigate them before detaining Nazarenko.</p>
<p>The Court directed Respondents to provide the document that ICE relied upon to conclude that Nazarenko is wanted by Interpol. In response, Respondents submitted a letter indicating that Interpol's notice was not a "Red Notice," but what was known as a "Diffusion." "A 'diffusion' is a request for cooperation that is processed through each Interpol member country's national central bureau and, while less formal than a Red Notice, it seeks the arrest of a wanted person with a view towards extradition."</p>
<p>{This Court has ruled in another case that Red Notices—which differ from diffusion notices—cannot be the purported basis for arrest and detention by ICE. <em>See </em><em>Yeleshev v. LaRocco </em>(E.D.N.Y. May 14, 2026) ("A Red Notice confers no detention authority, and no provision of the Immigration and Nationality Act ('INA') permits detention of an individual based solely upon a Red Notice.").}</p>
<p>The remarkable thing is that Respondents now concede—days after Nazarenko was detained and only after the Court directed production of the document—that "<em>the Diffusion is not currently active</em>," and has not been since March 2026. (In fact, the document states "Warning. File under review[.]") Nonetheless, it was the sole basis for concluding that Nazarenko was a danger to the community and could not be released.</p>
<p>There is more. The diffusion notice—when it was valid—was issued back in 2019. In the almost seven years since the notice was issued, Nazarenko has appeared for repeated check-ins with immigration authorities related to his pending asylum application. And his ties to the United States have grown stronger, having established a business, enrolled his children in school here, and never engaging in criminal conduct. It is confounding how, after the passage of years, the diffusion notice (an inactive one no less), now could be the sole basis to conclude that Nazarenko is a danger to the community. The more straightforward inference is that the custodial determination conducted by ICE was a sham.</p>
<p>The process appears to have violated ICE's own internal regulations and guidance regarding Interpol notices. ICE personnel may not "rely exclusively on Red Notices or Wanted Person Diffusions to justify enforcement actions or during immigration proceedings." ICE Directive 15006.1 (Aug. 15, 2023). And "[t]he <em>first</em> thing ICE personnel must do upon learning about the existence of a Red Notice or Wanted Person Diffusion is &hellip; to verify that it remains active and has not been suspended, withdrawn, or expired. ICE personnel <em>cannot use suspended, withdrawn, or expired Red Notices or Wanted Person Diffusions." Id</em>. ¶ 5.1.</p>
<p>"[A] Red Notice is not independently vetted for factual and legal justification, its reliability corresponds with that of the foreign nation's arrest warrant." <em>Yeleshev</em>. <em>See </em><em>id.</em> at n.7 (citing Cate Brown, Max Hudson, &amp; Julia Luft, <em>Russia Using Interpol's Wanted List to Target Critics Abroad, Leak Reveals,</em> BBC (Jan. 25, 2026), <a href="https://perma.cc/5ADV-EL7A"><u>https://perma.cc/5ADV-EL7A</u></a> (reporting that "Russia is using Interpol's wanted lists to request the arrest of people such as political opponents &hellip; claiming that they have committed crimes")). In this case, Nazarenko had an asylum application that indicated the criminal cases initiated against him by Russia were politically motivated and retaliatory.</p>
<p>In such a situation, ICE guidance requires an officer to request additional information to make sure that the notice does not violate Interpol's rules, consult with the Department of Justice, "[r]esearch the person" and the notice to determine "whether there are indicia that the person may be the target of retaliation, harassment, or persecution." ICE Directive 15006.1 ¶ 5.2. Such inquiries or investigation do not appear to have been done—at least none are disclosed in the custody determination form or the documents filed by Respondents.</p>
<p>Despite its own directive to view Interpol notices like the present one skeptically, and to disregard invalid ones, ICE used Nazarenko's inactive diffusion notice to conclude he was dangerous. But an Interpol notice initiated by Russia—and its attendant lack of reliability—suggesting that a person committed fraud, does not on its face, and certainly standing alone, suggest dangerousness, particularly when it is an inactive one. In fact, ICE's own form—the one it used in this case—requires it to consider a bevy of additional factors:</p>
<p>the extensiveness and seriousness of any criminal arrest or conviction; the length of time that has passed since any such arrest or conviction; the sentences imposed; criminal history not known to the immigration officer but disclosed by the noncitizen; statements from the noncitizen regarding dangerousness or illegal conduct; evidence of rehabilitation; compliance with sentences; employment history and ties to the community.</p>
<p>These criteria—Nazarenko's lack of criminal history, his seven-year compliance with asylum and immigration appointments, family and business ties—were plainly not considered. And ICE's failure to do so requires granting the writ.</p>
<p>As further evidence—though none is necessary—of the botched custody evaluation is the fact there is no indication that flight risk was even evaluated. (Custody Determination at 2 (marking neither "yes" nor "no" as to whether the individual poses a flight risk and providing no discussion)). And then there are the potential other elements that should be considered in making a custody determination—including vulnerabilities that would counsel in favor of release. The form also marks both "yes" and "no" as to whether the officer had identified a "special vulnerability," making no reference to what that vulnerability would be and how it factored, if at all, into the custody determination. {Presumably, this refers to Nazarenko's medical conditions, (<em>see</em> Pet. ¶ 41 (detailing, among other things, his ongoing mental health treatment for PTSD and spinal pain control therapy for an injury sustained during an assault in Russia)), or his asylum claim, but the Court cannot determine which on this record.}</p>
<p>This cavalcade of errors—the conclusory evaluation; the exclusive reliance on a diffusion notice alone for a dangerousness evaluation; the failure to consider other factors about Nazarenko's background, presence, and criminal history; and the failure to consider any special vulnerabilities—demonstrate that Nazarenko was not provided with the process to which he is entitled, rendering his detention invalid&hellip;.</p>
<p>[T]here is [also] a separate and independent ground to conclude that his arrest was also likely illegal and violated due process.</p>
<p>On May 21, 2026, ICE placed Nazarenko into removal proceedings, which as the name suggests, are intended to effectuate his removal from the United States. Yet, the I-797 Notice of Action USCIS issued in 2019 to him, states unequivocally "[y]ou may remain in the U.S. until your asylum application is decided." For ICE to now arrest Nazarenko—with full knowledge of his asylum application, at an asylum interview no less, after advising him that he could remain here without the threat of removal while that application was pending, and in the absence of any changed circumstances—is a form of misconduct. And "affirmative misconduct by the Government may create an estoppel against the Government in immigration cases." <em>Akbarin v. Immigr. &amp; Naturalization Serv.</em> (1st Cir. 1982) (collecting cases); <em>see also </em><em>Corniel-Rodriguez v. Immigr. &amp; Naturalization Serv.</em> (2d Cir. 1976) ("[T]his court and others have held that the Government's improper actions may preclude it from deporting an alien, even if the language of the Immigration &amp; Nationality Act, read in vacuo, might suggest a difference result."); <em>e.g.</em>, <em>Alfaro v. Mullin</em> (E.D.N.Y. 2026) ("As the recipient of an unexpired period of deferred action and a valid work authorization from USCIS—by which the agency committed to take no steps to effect his removal and permitted him to work in the U.S.—Petitioner could not lawfully be arrested and detained by ICE, particularly in absence of changed circumstances and without notice or opportunity to be heard.").</p>
<p>Respondents are directed to effectuate Nazarenko's release by <strong>May 26, 2026 at 10:00 P.M.</strong> and file a letter on the docket confirming Nazarenko's release by that time. Respondents are enjoined from detaining Nazarenko absent further direction from this Court. Respondents may not use ICE ankle monitors or similar technology to monitor Nazarenko, because in this Order the Court provisionally grants the writ.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/06/01/ice-expected-the-court-to-accept-its-basis-for-detaining-petitioner-but-shield-its-rationale-from-the-court/">&quot;ICE Expected the Court to Accept &hellip; [Its] Basis for Detaining Petitioner, but Shield Its Rationale from the Court&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>C.J. Ciaramella</name>
							<uri>https://reason.com/people/cj-ciaramella/</uri>
						<email>cj.ciaramella@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				DHS Can't Decide If There's a Hunger Strike Going on at a New Jersey Detention Center			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/dhs-cant-decide-if-theres-a-hunger-strike-going-on-at-a-new-jersey-detention-center/" />
		<id>https://reason.com/?p=8384891</id>
		<updated>2026-06-01T16:50:03Z</updated>
		<published>2026-06-01T16:50:03Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Prisons" /><category scheme="https://reason.com/latest/" term="8th Amendment" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="Homeland security" /><category scheme="https://reason.com/latest/" term="New Jersey" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Trump administration officials say there's no hunger strike at the Delaney Hall detention center in New Jersey, but they'll force-feed detainees if it gets bad enough.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/01/dhs-cant-decide-if-theres-a-hunger-strike-going-on-at-a-new-jersey-detention-center/">
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		<p>Federal officials can't get their story straight on whether there is a hunger strike going on at an immigration detention center in New Jersey.</p>
<p>New Jersey activist groups say hundreds of detainees inside Delaney Hall, a privately operated Immigration and Customs Enforcement (ICE) detention center in Newark, launched a hunger strike over Memorial Day weekend to protest insufficient and spoiled food, medical neglect, poor living conditions, and abuse. The allegations have led to daily protests and violent skirmishes outside the detention center. <em>The Guardian</em> <a href="https://www.theguardian.com/us-news/2026/may/30/protests-ice-immigration-detention-center-new-jersey">reported</a> on Saturday that the hunger strike was entering its ninth day.</p>
<p>But the government's position on the hunger strike has shifted between claiming it doesn't exist, to threatening to force-feed the nonexistent strikers, to claiming there was only a handful of detainees on hunger strike.</p>
<p>Last Tuesday, an official Department of Homeland Security (DHS) social media account <a href="https://x.com/DHSgov/status/2059311221036265924">posted</a> that there was "NO HUNGER STRIKE" at Delaney Hall. This response was not surprising. There have been <a href="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/">multiple reports</a> of hunger strikes at various DHS detention centers, but the DHS has denied all of them.</p>
<p>But White House border czar Tom Homan <a href="https://thehill.com/homenews/administration/5896793-tom-homan-trump-admin-immigration-enforcement-detainees-hunger-strike/">said</a> in an interview with Fox News host Laura Ingraham that same day that strikers would be force-fed "if it gets bad enough."</p>
<p>"And matter of fact, if it gets bad enough and the prisoners feel like they're putting themselves in extreme danger, medical danger, then we'll force-feed them," Homan said. "We will get a court order and force-feed them."</p>
<p>DHS Secretary Markwayne Mullin added to the confusion on Wednesday when he <a href="https://www.axios.com/2026/05/29/delaney-hall-newark-hunger-strike-markwayne-mullin">said</a> during a meeting of President Donald Trump's Cabinet that there were "only a handful of individuals" refusing to eat and that it was only because they wanted their "ethnic right food."</p>
<p>"They can go back to their country and get whatever food they want," Mullin continued.</p>
<p>The immigrant advocacy group Cosecha published a <a href="https://www.lahuelga.com/sos">handwritten letter</a> reportedly signed by nearly 300 Delaney detainees. The letter said that the signees have witnessed individuals with "illnesses such as HIV, cancer, diabetes, heart problems, among others, who are not receiving proper medical attention for the aforementioned conditions."</p>
<p>"It is public knowledge that agents have arrested individuals with physical limitations such as deaf, mute, blind individuals, elderly persons, and even pregnant women," the letter continued. "We see young people with approved juvenile status cases, with whom we are living in detention centers. There is also a high spread of COVID-19 in detention centers, and the flu is constant among detainees, which could lead to outbreaks of illnesses or epidemics."</p>
<p>Lawyers for the detainees also pushed back against Mullin's claim that their dispute was over food preference, rather than food edibility.</p>
<p>"Many detainees have been subjected to having worms in their food, and I wouldn't say, as Mr. Mullin stated, that is an 'ethnic' choice of food," Alex Minogue, an attorney at Nova Law Group who represents detainees being held at Delaney Hall, <a href="https://www.cnn.com/2026/05/30/us/delaney-hall-new-jersey-ice-protests">told</a> CNN Saturday. "I think they just don't want to eat worms."</p>
<p>On Saturday, the DHS <a href="https://www.dhs.gov/news/2026/05/29/correct-record-dhs-debunks-sanctuary-politicians-smears-about-ices-delaney-hall">published a press release</a> claiming to debunk "categorically false smears" about Delaney Hall being spread by "sanctuary politicians," which presumably doesn't include Homan and Mullin. The press release said there was no hunger strike at Delaney Hall, nor was there any medical neglect or lack of nutrition.</p>
<p>"No lawbreakers in the history of human civilization have been better treated than illegal aliens," DHS Acting Assistant Secretary Lauren Bis said in the statement. "They are provided 3 meals a day, medical care, and receive full due process."</p>
<p>A medical examiner's report <a href="https://reason.com/2026/05/21/an-ice-detainee-died-from-a-tooth-infection-autopsy-report-says/">recently concluded</a> that an ICE detainee in Arizona died from complications from a severe tooth infection.</p>
<p>The DHS did not immediately respond to a request for comment for this story.</p>
<p>The post <a href="https://reason.com/2026/06/01/dhs-cant-decide-if-theres-a-hunger-strike-going-on-at-a-new-jersey-detention-center/">DHS Can&#039;t Decide If There&#039;s a Hunger Strike Going on at a New Jersey Detention Center</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Tom Homan and Markwayne Mullin]]></media:description>
		<media:title><![CDATA[homan-mullin]]></media:title>
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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[
				How To Win a Trade War? Lose Less Than Your Opponents.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/how-to-win-a-trade-war-lose-less-than-your-opponents/" />
		<id>https://reason.com/?p=8384857</id>
		<updated>2026-06-01T15:59:33Z</updated>
		<published>2026-06-01T16:00:32Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Brexit" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><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="Globalism" /><category scheme="https://reason.com/latest/" term="Globalization" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The only winning move is not to play. But if you must, a new book offers some suggestions.]]></summary>
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		<p><a href="https://www.simonandschuster.com/books/How-to-Win-a-Trade-War/Soumaya-Keynes/9781668221310"><i><span style="font-weight: 400;">How To Win a Trade War: An Optimistic Guide to an Anxious Global Economy</span></i></a><i><span style="font-weight: 400;">, by Soumaya Keynes and Chad Bown, Simon &amp; Schuster, 288 pages, $30</span></i></p>
<p><span style="font-weight: 400;">The ancient Chinese military strategist Sun Tzu advised that "he who wishes to fight must first count the cost." Joshua, the brilliant (for its time) computer in the 1983 film </span><i><span style="font-weight: 400;">WarGames</span></i><span style="font-weight: 400;">, did the counting and concluded that "the only winning move is not to play."</span></p>
<p><span style="font-weight: 400;">Both lines find their way into </span><i><span style="font-weight: 400;">How To Win a Trade War</span></i><span style="font-weight: 400;">. This is no arid academic analysis, and it does not read like one. Instead, <a href="https://www.ft.com/soumaya-keynes">Soumaya Keynes</a>, a journalist at the </span><i><span style="font-weight: 400;">Financial Times</span></i><span style="font-weight: 400;">, and <a href="https://www.piie.com/experts/senior-research-staff/chad-p-bown">Chad Bown</a>, a senior fellow at the Peterson Institute for International Economics, have crafted a witty, fast-paced analysis of how the global trading system has unraveled in the aftermath of COVID, Brexit, and (most importantly) President Donald Trump's electoral successes.</span></p>
<p><span style="font-weight: 400;">The book's greatest strength is its accessibility. Trade policy can be difficult to explain and boring to read. </span><i><span style="font-weight: 400;">How To Win a Trade War</span></i><span style="font-weight: 400;"> is neither difficult nor boring, as Keynes and Bown use a plethora of analogies both to guide the reader and to insert their perspective. Trade is like dancing, trade deficits are like video game consoles, and tariffs are like marijuana. OK, libertarians might object to that last one, but their point is that even when tariffs feel good, they inevitably obscure reality, cost money, and make you (or your economy, at least) more lethargic.</span></p>
<p><span style="font-weight: 400;">Or take the populist obsession with the idea that global trade has hollowed out America's economy. "When a country has an unemployment rate of only 4 percent," as the U.S. does, complaining that trade is responsible for a massive economic displacement is "a bit like a toddler screaming that he wants an apple when he quite clearly already has one in his hand." That's not the only time the authors analogize Trump's behavior to that of Keynes' young children.</span></p>
<p><span style="font-weight: 400;">The book's most useful analogy may be the recurring motif that imagines the major players in the global trade wars as vessels making their way across the oceans. America used to be a naval ship, offering security and stability for the global order. It's now being sailed by pirates—untrustworthy, potentially dangerous to friend and foe alike, and guided solely by short-term self-interest. China, meanwhile, is a warship eagerly brandishing its big guns. Europe is a cobbled-together merchant ship with little muscle, trying its best to keep the pirates and warriors happy at a distance. India is a boat built from an old car. (That last one makes more sense in context.)</span></p>
<p><span style="font-weight: 400;">Despite all the talk of pirates and toddlers, Keynes and Bown have more sympathy for America's role in the trade wars than you might expect. While many observers have written off Trump's obsession with America's trade deficit as just a character flaw or evidence of his economic illiteracy, the authors argue that the U.S.-China relationship </span><i><span style="font-weight: 400;">has </span></i><span style="font-weight: 400;">become dangerously unbalanced.</span></p>
<p><span style="font-weight: 400;">That's partially because America's government has borrowed too heavily. But Keynes and Bown largely blame China.</span></p>
<p><span style="font-weight: 400;">China's authoritarian regime has broken many of the price signals that should regulate markets, they argue in the book's most compelling chapter. Normally, overproduction of industrial goods would cause prices to fall, harming profits and driving less efficient producers out of business. "But in China's case, this mechanism can malfunction. When demand weakens, its system is bad at letting businesses fail" because local and national officials have a strong incentive to prop up underperforming companies. That willingness to burn cash in order to overpower price signals, along with China's increasing desire to dictate trading terms to its partners (see the warship analogy), have created the conditions for the current mess. America's response has been haphazard and often confuses friends for foes, but China, they say, is still ultimately to blame.</span></p>
<p><span style="font-weight: 400;">In examining the tactics and strategies of a trade war, Keynes and Bown evaluate subsidies, tariffs, and stockpiles (including a lengthy analogy drawn from the lessons of doomsday preppers on Reddit), while weighing the pros and cons of each. </span></p>
<p><span style="font-weight: 400;">They are skeptical of sweeping conclusions, and they encourage prospective trade warriors to think carefully about the long-term and possibly unintended consequences of any major interventions, as well as to focus their energies on industries that truly matter for national security. "You might be able to control how an economic weapon is deployed, but certainly not how the target responds," they warn. In the same vein, governments cannot always control how domestic businesses will react. Hence, "these economic tools can be unwieldy, blunt, and prone to abuse."</span></p>
<p><span style="font-weight: 400;">That approach occasionally comes across as working too hard to balance differing viewpoints. For a book that promises a "how to," this offers few definitive conclusions. The authors do promise that the book is not meant to be "an ideological defense of free trade," and they are right to advise policymakers to have more humility about what can be accomplished with various blunt instruments. Even so, I would have preferred a more pointed take on how various economic interventions often harm the people they are meant to help.</span></p>
<p><span style="font-weight: 400;">The one verdict that Keynes and Bown do deliver, repeatedly, is that there will be no return to the world of the late 20th and early 21st centuries, when a (mostly) stable set of rules guided the global trading system. The two authors may wish that Trump and other world leaders were more willing to take Joshua's advice about not starting wars, but they are resigned to the fact that "trade wars are the new normal."</span></p>
<p><span style="font-weight: 400;">"We worry," they write, "that China's system is so different from those of its competitors that there isn't space for a common rules-based system" in the model of the World Trade Organization, whose influence has waned considerably. Meanwhile, "another challenge is that to work well, the rules rely on trust," they write. The unspoken addendum: It is hard to trust pirates or toddlers.</span></p>
<p><span style="font-weight: 400;">Indeed, the sunny and lighthearted tone of the writing only barely masks the authors' rather pessimistic view of the current situation. Even when they engage in a few flights of fantasy in the book's final chapter—which imagines how the global trading system might look in 2050—the options veer between a Chinese-dominated reality and one where the U.S. has integrated "economic and security statecraft." It's hardly a vision for freer markets, either way.</span></p>
<p><span style="font-weight: 400;">Still, the alternative might be worse. "If we manage to avoid World War III, we all deserve a pat on the back," Keynes and Bown conclude. The "winner" of the trade war might simply be "the team that loses less than a rival, or simply the one most adept at minimizing its own wounds."</span></p>
<p><span style="font-weight: 400;">The book captures the anxiety that seems to be the defining mood of the moment. Old assumptions about globalization are no longer secure, but there's no clarity about what might replace that order. Keynes and Bown want their readers to understand that there is nothing to be gained by wishing for the past to return, and that we should cheerfully (if not eagerly) try to find the best path forward.</span></p>
<p><i><span style="font-weight: 400;">How To Win a Trade War </span></i><span style="font-weight: 400;">is not really about winning at all. It is, per Sun Tzu, about understanding the cost of the fight.</span></p>
<p>The post <a href="https://reason.com/2026/06/01/how-to-win-a-trade-war-lose-less-than-your-opponents/">&lt;em&gt;How To Win a Trade War&lt;/em&gt;? Lose Less Than Your Opponents.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Elizabeth Nolan Brown</name>
							<uri>https://reason.com/people/elizabeth-nolan-brown/</uri>
						<email>elizabeth.brown@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Indiana Police Misplace More Than $30,000 Seized in Massage Parlor Raids			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/indiana-police-misplace-more-than-30000-seized-in-massage-parlor-raids/" />
		<id>https://reason.com/?p=8384826</id>
		<updated>2026-06-01T15:51:30Z</updated>
		<published>2026-06-01T15:51:30Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Asset Forfeiture" /><category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Prostitution" /><category scheme="https://reason.com/latest/" term="Raid" /><category scheme="https://reason.com/latest/" term="Sex Work" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Indiana" />		<summary type="html"><![CDATA[The raids took place after a detective with the state Protection for Abused and Trafficked Humans Law Enforcement Task Force got four penis massages.]]></summary>
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		<p>More than $30,000 in cash seized from two Indiana massage parlors is missing.</p>
<p>Police seized the money in November 2023 as part of a joint state and local raid on two northern Indiana massage parlors—Jade Massage in Winfield and Relax Spa in Crown Point—and associated businesses and houses. Authorities began investigating the spas after allegedly receiving anonymous tips that prostitution took place there.</p>
<p>Four penis massages for an undercover detective later, authorities raided the businesses and seized more than $97,000 in cash, along with a car. Spa owners Guan Yu and Wujiao Liu, a married couple, were arrested. Their case is ongoing—and their cash is missing.</p>

<p>State police are now investigating what happened. Maybe there's an innocent explanation for the missing cash; this could well come down to carelessness, not corruption. Regardless, this case represents yet another instance of police profiting off sex work criminalization.</p>
<h2>The Search for the Missing Cash</h2>
<p>Robert Byrd, who was <a href="https://www.winfield.in.gov/police-department/page/new-town-marshal-robert-byrd">sworn in as Winfield's town marshal in April 2025</a>, "assumed that the money had been placed in a secure account established through the Winfield Clerk-treasurer's Office or a local bank," <a href="https://www.yahoo.com/news/us/articles/winfield-discovered-30k-seized-cash-214000617.html">reports</a> the <em>Post-Tribune</em>.</p>
<p>It wasn't.</p>
<p>Eventually, Byrd tracked some of the seized cash down to a rented storage locker, where bills and coins were stashed in plastic bins.</p>
<p>But Byrd could locate only $63,473.86 of the $97,014.37 that was taken. $33,540.51 was missing.</p>
<p>Lake County prosecutor Bernard A. Carter has now <a href="https://reason.com/wp-content/uploads/2026/06/Winfield-Missing-Evidence-Press-Release.pdf">asked Indiana state police</a> "to thoroughly investigate this matter and to make every effort to recover the missing funds." The state police agreed.</p>
<p>The fact that it took some sleuthing for Byrd to discover where the money was stored is itself incredible. Evidence is supposed to be well-tracked and well-documented. And cash seized during an investigation could eventually need to be returned (remember, no one has yet been <em>convicted</em> in this case).</p>
<p>And if this turns out to be more than just sloppy police work? That wouldn't exactly be surprising, given the perverse incentives and ample opportunities for corruption that massage parlor prostitution cases present.</p>
<h2><strong>The Massage Parlor Raid Racket </strong><strong> </strong></h2>
<p>Anonymous tips about sexual services being offered along with massages <a href="https://reason.com/2020/02/02/massage-parlor-panic/">can be used to justify months of undercover visits</a> from law enforcement agents seeking massages. (Later, they will say the masseuses could be trafficking victims—which, if true, would make their months of visits without intervention especially cruel.) And any offer of sex acts with massages can be used to justify raids.</p>
<p>Asian massage parlors tend to be cash-heavy businesses, so there's often plenty of cash around to seize—and, unlike when you seize money from bank accounts, no definitive record trail. The workers and owners at these businesses are often immigrants, for whom language barriers and other considerations could make it harder to fight back. And if police throw a "human trafficking" allegation in there, no mater how unsubstantiated, everyone just shrugs at whatever happens to those arrested and pats police on the back for a job well done.</p>
<p>Missing money aside, the Winfield case is a fine indictment of how so many massage parlor raid cases operate.</p>
<h2><strong>The Search for Penis Masseuses</strong></h2>
<p>Months before the spa raid, Detective Benjamin Moyars, co-chair of the Indiana Protection for Abused and Trafficked Humans Law Enforcement Task Force, went to Jade Massage and got his butt and penis massaged using police funds, according to a <a href="xhttps://reason.com/wp-content/uploads/2026/06/45G03-2311-F4-000169-pc-2.pdf">probable cause affidavit</a>. ("He did not ejaculate," it says.) That was on March 3, 2023.</p>
<p>In April, he went back and got a penis massage from two women this time. One of them "appeared to not speak English," the affidavit says.</p>
<p>In June, Moyars went back twice—once to Jade Massage and once to Relax Massage. Same thing.</p>
<p>Over the course of the four months, Moyars spent $385—and who knows how much in police time and expenses—on proving that three women would massage his genitals along with the rest of his body.</p>
<p>After that, authorities spent several more months surveilling the businesses. Nothing in the probable cause affidavit indicates that they observed signs of forced prostitution, a.k.a. sex trafficking, during this surveillance.</p>
<p>Nonetheless, police raided the businesses and Liu and Yu were charged with not just promoting prostitution but also promotion of human sexual trafficking, in addition to being charged for failing to remit sales tax. Liu was also charged with battery against a public safety official after allegedly spitting at an officer during the course of her arrest.</p>
<p>According to the probable cause affidavit, a sign glimpsed in Relax Massage during the raid stated: "Therapist should stick to the work principle. Don't practice the therapy as porn or you will have the consequence."</p>
<p>But—in a fine example of how police often twist language in order to turn ordinary prostitution cases into sex trafficking cases—the affidavit states that "Detective Moyars advised in his experience with human trafficking and prostitution investigations, owners pay the female employees so little that they are effectively forced to perform sexual services in the hopes of cash tips to support themselves." Voila: Even if the owners did not condone the sex acts, let alone make anyone perform them, they are deemed guilty of "forcing" people into prostitution.</p>
<p>Interviews with four "victims"—two of them the same women who allegedly massaged Moyar's penis—suggest that these women came to work at Jade and Relax spas voluntarily, were not confined there by the owners, were not subject to violence or threats, and were paid for their work.</p>
<hr />
<h2>In the News</h2>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">If Mayday Health and the abortion lobby want to sue us for defending unborn life, bring it on. <a href="https://t.co/MTqiDuItGj">pic.twitter.com/MTqiDuItGj</a></p>
<p>— Larry Rhoden (@LarryRhodenSD) <a href="https://x.com/LarryRhodenSD/status/2060467418019897372?ref_src=twsrc%5Etfw">May 29, 2026</a></p></blockquote>
<p><strong>Abortion advertising ban is unconstitutional, says Mayday Health.</strong> A New York–based nonprofit that provides information about accessing abortion pills is suing South Dakota over its ban on abortion-related advertising. Mayday Health "and a Democratic former South Dakota lawmaker, Nancy Turbak Berry, <a href="https://www.courtlistener.com/docket/73412271/mayday-health-v-rhoden/">filed the lawsuit</a> Friday in federal court against South Dakota's Republican governor and attorney general," <em>South Dakota Searchligh</em>t <a href="https://kiowacountypress.net/content/lawsuit-challenges-south-dakotas-new-ban-abortion-pill-advertising">reports</a>:</p>
<blockquote><p><a href="https://sdlegislature.gov/Session/Bill/26881">The new law</a> says no person may knowingly dispense, distribute, sell or advertise an article or thing designed, adapted or intended to produce an abortion. The ban also covers any article, instrument, substance, drug, medicine or thing that is "advertised or described in a manner calculated to lead another to use or apply it for producing an abortion."</p>
<p>Violations are felonies punishable by up to two years in prison and a $4,000 fine. The law also gives the state attorney general authority to recover civil penalties of $10,000 per violation.</p>
<p>The lawsuit alleges it's unconstitutional to prohibit advertising that's protected by the free speech guarantees in the First Amendment.</p></blockquote>
<p>Mayday was involved in a previous legal tussle with South Dakota (which this newsletter <a href="https://reason.com/2026/01/12/pregnant-dont-want-to-be-ads-at-south-dakota-gas-stations-spark-first-amendment-battle/">covered in January</a>), after South Dakota Attorney General Marty Jackley went after Mayday over ads that it had taken out at gas stations.</p>
<p>The ads said: "Pregnant? Don't want to be? Learn more at Mayday.Health."</p>
<p>Jackley said this constituted deceptive advertising because the ads didn't point out that abortion is illegal in South Dakota.</p>
<p>Mayday <a href="https://reason.com/wp-content/uploads/2026/01/gov.uscourts.nysd_.655743.1.0.pdf">counter-sued Jackley</a>, seeking to prevent him "from punishing Plaintiff Mayday Health for publishing truthful information about reproductive healthcare."</p>
<p>South Dakota and Mayday <a href="https://atg.sd.gov/OurOffice/Media/pressreleasesdetail.aspx?id=3023#gsc.tab=0">ultimately settled</a> those cases. The agreement involved Mayday yanking the gas station ads.</p>
<hr />
<h2>On Substack</h2>
<p><strong>Eminent domain for data centers?</strong> Bonnie Kristian <a href="https://bonniekristian.substack.com/p/no-eminent-domain-for-ai-data-centers?utm_source=post-email-title&amp;publication_id=405918&amp;post_id=199400686&amp;utm_campaign=email-post-title&amp;isFreemail=true&amp;r=lok5&amp;triedRedirect=true&amp;utm_medium=email">reports</a> on Georgia officials using eminent domain power to seize 20 to 30 homes so a private company called Georgia Power can build new power lines. A woman named Ansley Brown has been speaking out about this on TikTok, blaming artificial intelligence. The power lines are not set to serve <em>only</em> data centers, but "a <a href="https://www.11alive.com/article/news/local/coweta-homeowner-claims-georgia-power-is-undervaluing-home-in-an-eminent-domain-dispute/85-b6e3d335-3f99-4e12-badf-e46961de31b9">local news story</a> confirms that at least one data center is involved here, and it's plausible that the data center(s) is the straw that broke the camel's back, even if there's a lot more straw," Kristian writes.</p>
<p>"Now, there's a sense in which the artificial intelligence piece of this story is a distraction," she continues:</p>
<blockquote><p>My point is <i>not</i> that it's bad for Brown's mom to lose her house because AI is bad and therefore there should be no data centers.</p>
<p>I'm very skeptical of many proposed uses for AI, but as <a href="https://bonniekristian.substack.com/p/dont-ask-if-ai-data-centers-use-a">I've argued here before</a>, its utility costs are wholly relative to the value of its output. If AI is doing a lot of good, then probably we <i>do</i> want to use a lot of electricity for it, which may well mean building new data centers and power lines. And as skeptical as I am, I think the good it does is not zero, so I'm not categorically against this kind of construction.</p>
<p>The issue is that Georgia Power is a private company that appears to be using eminent domain to take people's homes against their will to meet other private companies' expansion plans.</p></blockquote>
<p>As Kristian points out, it's not entirely clear whether the new power lines would be needed even if a new data center wasn't being constructed. But regardless of what sort of construction is primarily driving the Georgia Power situation, eminent domain issues may become a bigger issue as construction of data centers expands. It seems important for people who are not hyperbolic AI-doomers to be speaking out against this.</p>
<hr />
<h2>Read This Thread</h2>
<blockquote class="bluesky-embed" data-bluesky-uri="at://did:plc:34ydeurdtukrpzjjelklch4y/app.bsky.feed.post/3mmwfwg7fxs2f" data-bluesky-cid="bafyreifqor7kftlbk6zbjvcfh5dzmzslnh3v25nq4aarrurgtw3s4nihm4">
<p lang="en">Hard to express just how utterly divorced the political rhetoric around porn is from the reality. I&#39;ve worked in the industry for more than 20 years. I see porn all day long. I have never once seen necrophilia or bestiality on an adult site.But that&#39;s what&#39;s being used to push antiporn laws.</p>
<p>&mdash; <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y?ref_src=embed">Mike Stabile (@mikestabile.bsky.social)</a> <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y/post/3mmwfwg7fxs2f?ref_src=embed">2026-05-28T16:10:49.858Z</a></p></blockquote>
<p><script async src="https://embed.bsky.app/static/embed.js" charset="utf-8"></script></p>
<hr />
<h2>More Sex &amp; Tech</h2>
<h3></h3>
<p>• The Department of Homeland Security is <a href="https://www.npr.org/2026/05/27/nx-s1-5822429/ice-buys-iris-scanners-tech-tools?utm_source=bsky.app&amp;utm_term=nprnews&amp;utm_medium=social&amp;utm_campaign=npr">ramping up spending on iris scanners</a>.</p>
<p>• "Texas for now can require proof of age to download a smart phone app, a federal appeals court ruled Thursday, unpausing a trial court injunction that halted the law on First Amendment grounds," <em>Bloomberg Law</em> <a href="https://news.bloomberglaw.com/pharma-and-life-sciences/block-on-texas-phone-app-age-law-lifted-temporarily">reports</a>.</p>
<p>• Lizzie Borden, director of the 1986 drama <em>Working Girls</em>, <a href="https://thecoldmagazine.co.uk/working-girls/?v=0b3b97fa6688">talks about</a> the ways sex work has changed over the past 40 years and the ways it hasn't. "There's a lot of argument about whether prostitution be legalised or be the Scandinavian model," said Borden. "Decriminalisation would be best because that's the only way nobody gets punished, so sex workers still have customers."</p>
<p>• "A federal judge had an extramarital affair with a high-ranking police officer—including having sex in the judge's chambers that was overheard by staff—and initially lied about the actions but remains on the bench after receiving a 'private reprimand,'" the Associated Press <a href="https://apnews.com/article/federal-judge-police-officer-sex-reprimand-a1caf9894fce24596321c41f600072a9">reports</a>.</p>
<p>The post <a href="https://reason.com/2026/06/01/indiana-police-misplace-more-than-30000-seized-in-massage-parlor-raids/">Indiana Police Misplace More Than $30,000 Seized in Massage Parlor Raids</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
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							<media:credit><![CDATA[Illustration: Adani Samat/Midjourney]]></media:credit>
		<media:title><![CDATA[Civil-Asset-Forfeiture-6-1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>David Post</name>
							<uri>https://reason.com/people/david-post/</uri>
						<email>david.g.post@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				The Art of the Deal cont'd, cont'd			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/01/the-art-of-the-deal-contd-contd/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8384759</id>
		<updated>2026-06-02T00:45:13Z</updated>
		<published>2026-06-01T15:23:25Z</published>
					<summary type="html"><![CDATA[Serious questions about Trump's scheme to get the government to (a) put $1.776 billion into a slush fund under his control, and (b) drop ALL tax claims the IRS has against him, are, I'm happy to report, not going away. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/01/the-art-of-the-deal-contd-contd/">
			<![CDATA[<p>[I am assuming that you all know the basic background of the Slush Fund "Settlement"; my earlier discussions are <a href="https://reason.com/volokh/2026/05/23/the-art-of-the-deal/" target="_blank" rel="noopener">here</a> and <a href="https://reason.com/volokh/2026/05/29/the-art-of-the-deal-contd/" target="_blank" rel="noopener">here</a>.]</p>
<p>Things are definitely heating up on the Slush Fund front.</p>
<p>Even for a President for whom courtroom losses are a depressingly regular occurrence<a href="#_edn1" name="_ednref1">[1]</a>, and even putting aside the <a href="https://www.politico.com/news/2026/05/29/judge-blocks-trump-kennedy-center-renaming-closure-00943068" target="_blank" rel="noopener">Order from D.D.C</a>. requiring him to take his name off of the Kennedy Center, Friday was a tough day for our President.</p>
<p>First, in <em>Floyd et al v. DOJ</em>, the district court (ED VA, Judge Brinkema) <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.31.0_1.pdf">enjoined the DOJ</a> from "taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, including the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund."<a name="_ednref1"></a><a href="#_edn2" name="_ednref2">[2]</a></p>
<p>And then a second court (SD FL, Judge Williams), <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf">re-opened the Trump v. IRS case</a> (in which Trump had agreed to a voluntary dismissal of his claims), based on &hellip;</p>
<blockquote><p>"&hellip; <em>grievous allegations </em>that [Trump] voluntarily dismissed this litigation <em>solely to avoid judicial scrutiny of a lawsuit that was collusive from the start</em> and was only filed <em>to provide the imprimatur of legality for an unlawful settlement</em>.<em><a href="#_edn3" name="_ednref3"><strong>[3]</strong></a>"</em> The court further ordered Trump to file a response to those allegations by June 12, "detailing his "position on . . . (1) the charges of collusion and whether the Parties are truly adverse; (2) the assertion that the dismissal in this case was premised on deception by the Parties; and (3) the question of whether the case should be reopened because the Court was the victim of a fraud." (Emphasis added)</p></blockquote>
<p><span id="more-8384759"></span>Do stay tuned. This is getting very interesting and is, potentially, very important. Coming at a time when our President is already in a weakening political position - an unpopular war, inflation, etc. - this looks like it may generate some push-back from Republicans previously willing to toe the MAGA line. The decision of the Republican Senate leadership <em>not </em>to vote on Trump's priority immigration budget before adjourning a couple of weeks ago was widely interpreted as a mini-revolt of sorts against the Fund, and Republican Senators have been unusually vocal in their condemnation of the Fund.*</p>
<blockquote><p>*From Sen. McConnell ("Utterly stupid, morally wrong") to Sen. Tillis ("stupid on stilts") to Sen. Cruz ("a galactic blunder") to Majority Leader Thune ("I'm not a big fan").</p></blockquote>
<p>My crystal ball is no clearer than anyone else's, but here are my predictions:</p>
<p>(1) The Anti-Weaponization Fund will never pay a nickel to anyone.</p>
<p>(2) Todd Blanche's days as Attorney General are numbered. This was all a pretty clever scheme to set up a Trump-controlled slush fund <strong><em>plus</em></strong> an immunity from any and all claims the IRS might be able to bring against our President and his family.</p>
<blockquote><p>That immunity is a nice little bonus that was somehow omitted from the original "<a href="https://www.justice.gov/opa/media/1441201/dl?inline" target="_blank" rel="noopener">Settlement Agreement,</a>" an omission Blanche corrected in an "<a href="https://www.justice.gov/opa/media/1441216/dl" target="_blank" rel="noopener">Addendum</a>" dated just one day after the "Settlement Agreement" was executed.  As alert readers may have noticed, the immunity has <strong>absolutely nothing to do with the "case" that Trump and the IRS were supposedly "settling"</strong>.</p></blockquote>
<p>And Trump would get all of this <strong><em>without anyone other than Donald Trump and Todd Blanche doing anything</em></strong>!  No silly congressional "authorization" or "appropriation" needed!</p>
<p>It has Blanche's fingerprints all over it, and it looks like he may have been too clever by half. He has, rather than enriching Donald Trump, gotten him into some pretty hot water, and at the moment, at least, it doesn't seem as though the money spigot will ever turn on. If Blanche were hoping that this bit of legal legerdemain would help convince our President to remove the "Acting" from his title, I think he will be disappointed.</p>
<p>Memo to Republican senators: This really is a good issue to take a stand on. <em>He'll primary you anyway, whether you lick his boots or not</em>; just ask John Cornyn. Seems like a good time to stand up for the simple principle that even a President can't just take tax money for his own personal purposes.</p>
<hr />
<p><a href="#_ednref1" name="_edn1">[1]</a> As I have said many times – because it bears repeating: Trump has lost orders of magnitude more cases in court in a year-and-a-half than any of his predecessors in their complete terms. Indeed, though I doubt that there's sufficient data to test this hypothesis, I wouldn't be at all surprised if he has already lost a greater number of cases than <strong>all </strong>of his predecessors combined. Ask your AI agent to list all of his losses if you think I'm exaggerating.</p>
<p><a href="#_ednref2" name="_edn2">[2]</a> Plaintiffs in this case are "former career Assistant U.S. Attorney and January 6th prosecutor Andrew Floyd, Professor John Caravello, City of New Haven, the National Abortion Federation [and] Common Cause," according to <a href="https://democracyforward.org/news/press-releases/individuals-organizations-harmed-by-the-trump-vance-administration-sue-to-block-1-776-billion-slush-fund/">plaintiffs' counsel's website (Democracy Now</a>).  Their claim is that "the creation of the [Anti-Weaponization] Fund violates the U.S. Constitution, exceeds executive authority, unlawfully bypasses Congress's exclusive authority over federal spending and appropriations, and violates the Administrative Procedure Act."</p>
<p>One difficult issue in this case, and one that will surely be raised by the DOJ in its responses, is whether plaintiffs have standing to object to the creation of the Fund. I'm no standing expert, but it looks like a tough hill to climb, and I'm curious to see how the plaintiffs frame their argument that they have standing to bring these claims.</p>
<p>Interestingly, Public Citizen has filed <a href="https://www.citizen.org/news/public-citizen-sues-doj-to-challenge-trumps-slush-fund/" target="_blank" rel="noopener">a suit containing similar substantive claims in SD CA</a>, on behalf of Allison Gill. Gill, according to the Complaint, was a vocal Trump critic who was targeted by the government and improperly subjected to a criminal investigation in 2019. <a href="https://www.citizen.org/wp-content/uploads/2026-05-28_Gill_Complaint.pdf" target="_blank" rel="noopener">The Complaint</a> continues:</p>
<blockquote><p>Plaintiff has been the subject of actions taken by the federal government that could constitute "Lawfare" or "Weaponization" and <em>may be entitled to compensation and an apology from the Fund</em>. Plaintiff thus has an interest in the Fund's establishment and operation, including an interest in ensuring that the Fund is legally sound, that Lawfare and Weaponization are appropriately defined to cover Plaintiff's claims, and that the procedures and standards through which claims are considered are fair and equitable.</p></blockquote>
<p>It's a nice bit of legal jiu-jitsu - people subject to <em>Trump's </em>"weaponization" can sue and assert standing based upon their interest in being compensated by Trump's Fund!</p>
<p><a href="#_ednref3" name="_edn3">[3]</a> The allegations are contained in a Motion submitted to the court last week by 35 retired federal judges. [See <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.63.0.pdf">here</a>, and my discussion <a href="https://reason.com/volokh/2026/05/29/the-art-of-the-deal-contd/">here</a>]. According to the court's Order re-opening the case, among the allegations contained therein are</p>
<blockquote><p>". . . the fact that the settlement in question includes a 'three-paragraph addendum' . . . [that] purports to 'forever bar and preclude' the United States from pursuing claims that could have been [otherwise] asserted [against] Plaintiffs,'), and the fact that Defendants did not 'even try[] to defend against Plaintiffs' claims' despite their active opposition to nearly identical claims in other litigation. Finally, the non-party movants assert that Plaintiffs' claims were "clearly untimely" and therefore untenable."</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/06/01/the-art-of-the-deal-contd-contd/">The Art of the Deal cont&#039;d, cont&#039;d</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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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[
				Trump's Corrupt 'Settlement' With the IRS Hits Two Judicial Roadblocks			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/01/trumps-corrupt-settlement-with-the-irs-hits-two-judicial-roadblocks/" />
		<id>https://reason.com/?p=8384763</id>
		<updated>2026-06-01T13:44:57Z</updated>
		<published>2026-06-01T13:40:30Z</published>
			<category scheme="https://reason.com/latest/" term="Legal Ethics" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Department of Justice" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Fraud" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="immunity" /><category scheme="https://reason.com/latest/" term="IRS" /><category scheme="https://reason.com/latest/" term="Litigation" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Treasury" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[One order temporarily blocks money for the president's "Anti-Weaponization Fund." The other asks whether the agreement is a fraudulent "product of collusion."]]></summary>
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		<p>President Donald Trump's <a href="https://reason.com/2026/05/27/even-republicans-are-rebelling-at-trumps-blatantly-corrupt-anti-weaponization-fund/">clearly corrupt</a> settlement of his lawsuit against the IRS suffered <a href="https://www.nbcnews.com/politics/justice-department/judge-halts-trump-anti-weaponization-fund-jan-6-prosecutor-files-suit-rcna347539">two setbacks</a> in federal court on Friday. In the Eastern District of Virginia, Judge Leonie Brinkema temporarily <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.31.0.pdf">barred</a> the Justice Department from allocating money to the $1.8 billion "Anti-Weaponization Fund" described in Trump's May 18 <a href="https://www.documentcloud.org/documents/28132616-sdfl-settlement-signed/">agreement</a> with the IRS. And in the Southern District of Florida, Judge Kathleen Williams, who <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.62.0_6.pdf">closed</a> Trump's case on May 18 after he <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.52.0_6.pdf">dropped</a> his lawsuit, <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf">ordered</a> briefing on the question of whether the settlement is "a product of collusion" and "a fraud on the Court."</p>
<p>Trump's <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">settlement</a> includes <a href="https://reason.com/2026/05/26/the-dojs-flimsy-legal-theories-to-support-trumps-anti-weaponization-fund/">several striking features</a> that amply justify this judicial scrutiny. The pretext for it was a <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">lawsuit</a> provoked by an IRS contractor's illegal leaking of Trump's tax returns. That case pitted Trump against agencies he oversees, represented by the Justice Department, which he also oversees. The Anti-Weaponization Fund, which is designed to compensate Trump supporters who claim they were targeted by the Biden administration for "unlawful political, personal, and/or ideological reasons," has nothing to do with Trump's claims against the IRS. Nor does <a href="https://www.nytimes.com/2026/05/19/us/politics/trump-irs-doj-lawsuit-audit.html">another element</a> of the agreement, which promises Trump sweeping immunity from civil or criminal liability for federal offenses, including penalties for past tax violations.</p>
<p>Brinkema was responding to <a href="https://www.courtlistener.com/docket/73383692/floyd-v-department-of-justice/"><em>Floyd v. Department of Justice</em></a>, a May 22 lawsuit filed by a former federal prosecutor and other plaintiffs who say they were "targeted" as "ideological or political opponents" of the Trump administration. They <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.1.0_1.pdf">argue</a> that Trump's settlement is illegal and unconstitutional because it creates a "slush fund" to benefit the president's allies, discriminates against his opponents, and draws on taxpayer money without congressional authorization.</p>
<p>Brinkema's <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.596617/gov.uscourts.vaed.596617.31.0.pdf">order</a> enjoins the Justice Department from "taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund." It instructs the government to file a response to the lawsuit by Friday.</p>
<p>Williams was responding to a May 27 <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.63.0.pdf">motion</a> by 35 former federal judges appointed by presidents of both major parties. They urged Williams to reopen <a href="https://www.courtlistener.com/docket/72207870/trump-v-internal-revenue-service/"><em>Trump v. IRS</em></a> because "the purported 'settlement,'" which was never submitted for her review, "raises profound questions about the parties' candor toward the Court and manipulation of the judicial system, which threatens to undermine confidence in the administration of justice."</p>
<p>Williams <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf">thought</a> those questions were worth exploring. "A court is empowered to investigate serious misconduct as a collateral issue within the purview of Rule 11 and determine 'whether an attorney has abused the judicial process,'" she wrote. <a href="https://www.law.cornell.edu/rules/frcp/rule_11">Rule 11</a>, which aims to "deter baseless filings," authorizes sanctions against attorneys who file claims that are legally frivolous, unsupported by evidence, or driven by "any improper purpose."</p>
<p>Under that rule, attorneys who submit complaints, briefs, or motions are required to "certify that the filing is not presented for any improper purpose," Williams noted. "A party's decision to file a frivolous lawsuit for the sole purpose of forcing a settlement may qualify as such an improper purpose."</p>
<p>In this case, the former federal judges "advance grievous allegations that Plaintiffs voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that 'was collusive from the start' and was only filed to provide the imprimatur of legality for an unlawful settlement," Williams wrote. "They point to the fact that the settlement in question includes a 'three-paragraph addendum'" that "'purports to [bar] the United States from pursuing claims that could have been [otherwise] asserted [against] Plaintiffs' and highlight the fact that Defendants did not 'even try[] to defend against Plaintiffs' claims' despite their active opposition to nearly identical claims in other litigation." The former judges also "assert that Plaintiffs' claims were 'clearly untimely' and therefore untenable."</p>
<p>Williams ordered the government to file a response to these allegations by June 15. She said the brief should address "the charges of collusion and whether the Parties are<br />
truly adverse," "the assertion that the dismissal in this case was premised on deception<br />
by the Parties," and "the question of whether the case should be reopened because the<br />
Court was the 'victim of a fraud.'"</p>
<p>Trump's <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">lawsuit</a>, which he filed on January 29, averred that IRS contractor Charles Littlejohn's <a href="https://www.justice.gov/archives/opa/pr/former-irs-contractor-sentenced-disclosing-tax-return-information-news-organizations" data-mrf-link="https://www.justice.gov/archives/opa/pr/former-irs-contractor-sentenced-disclosing-tax-return-information-news-organizations">illegal disclosure</a> of his tax returns had inflicted "at least" $10 billion in damages. The complaint did not make any attempt to back up that number, which by some strange coincidence was <a href="https://reason.com/2026/05/21/the-1-776-billion-in-trumps-anti-weaponization-fund-fits-a-pattern-of-fanciful-figures/">exactly the same</a> as Trump's estimate of damages in several other lawsuits involving distinctly different claims.</p>
<p>That was by no means the only problem with Trump's lawsuit. Under <a href="https://www.law.cornell.edu/uscode/text/26/7431">federal law</a>, plaintiffs must file such claims within two years of learning about an unauthorized disclosure of their tax information. Trump plainly missed that deadline, since he filed his complaint more than two years after Littlejohn <a href="https://www.washingtonpost.com/dc-md-va/2023/10/12/trump-tax-leak-guilty-plea/" data-mrf-link="https://www.washingtonpost.com/dc-md-va/2023/10/12/trump-tax-leak-guilty-plea/">pleaded guilty</a> to illegally disclosing thousands of tax returns, including Trump's. Alina Habba, one of Trump's personal attorneys, attended that hearing, where she described the leak as "an egregious breach" that had cost her client "thousands of votes" in the 2020 presidential election.</p>
<p>IRS officials noted the tardiness of Trump's lawsuit in an April 2026 <a href="https://www.nytimes.com/2026/05/19/admin/irs-trump-lawsuit-deal.html">memorandum</a> about his case, which was one of several that had been filed in response to Littlejohn's leaks. They also argued that the IRS should not be held responsible for the conduct of a someone who was employed by a private contractor. At the time of his leaks, Littlejohn worked for the consulting firm Booz Allen Hamilton.</p>
<p>The government's lawyers did not try any of the defenses suggested by the IRS. In fact, they never officially responded to Trump's claims at all—a failure that highlighted the egregious conflicts of interest created by the lawsuit.</p>
<p>"I'm supposed to work out a settlement with myself," Trump <a href="https://www.newsweek.com/donald-trumps-irs-lawsuit-threatens-justice-system-11475643">acknowledged</a> a few days after he sued the IRS and the Treasury Department, components of his own administration. The defendants were represented by lawyers at the Justice Department, which also answers to Trump. And under an <a href="https://www.presidency.ucsb.edu/documents/executive-order-14215-ensuring-accountability-for-all-agencies">executive order</a> that Trump issued in February 2025, those lawyers are not allowed to "advance an interpretation of the law" that "contravenes" the president's position.</p>
<p>That bizarre situation prompted Williams to <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0_2.pdf" data-mrf-link="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0_2.pdf">question</a> whether the case involved a genuine controversy between adverse parties, as required for the lawsuit to proceed. Williams ordered briefing on that issue by May 20. The Justice Department dodged that order by announcing the settlement two days before the deadline.</p>
<p>The terms of the settlement were startling. In addition to an apology from the IRS, Trump got $1.8 billion for purported victims of "lawfare and weaponization," which the settlement and <a href="https://truthsocial.com/@realDonaldTrump/posts/116618545735076530">Trump himself</a> described as abuses peculiar to Democrats. Although the Justice Department <a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund" data-mrf-link="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund">said</a> "there are no partisan requirements to file a claim," it seemed clear that the process would favor Trump's friends, potentially including the Capitol rioters he <a href="https://reason.com/2025/01/21/trumps-blanket-clemency-for-capitol-rioters-excuses-political-violence/">pardoned</a> on his first day in office. The five-member board charged with doling out the money would be completely under Trump's control, and it is supposed to stop accepting claims a month and a half before he leaves office.</p>
<p>It is <a href="https://www.nytimes.com/2026/05/20/us/politics/trump-fund-explainer.html" data-mrf-link="https://www.nytimes.com/2026/05/20/us/politics/trump-fund-explainer.html">highly unusual</a> for the Justice Department to settle a lawsuit by agreeing to pay people whose grievances are completely unrelated to the plaintiff's claims. Such settlements, in fact, are prohibited by a <a href="https://www.federalregister.gov/documents/2020/12/16/2020-27189/prohibition-on-settlement-payments-to-non-governmental-third-parties" data-mrf-link="https://www.federalregister.gov/documents/2020/12/16/2020-27189/prohibition-on-settlement-payments-to-non-governmental-third-parties">rule</a> that the Justice Department issued during Trump's first term. That rule, which Pam Bondi, then the attorney general, <a href="https://www.justice.gov/ag/media/1388536/dl?inline" data-mrf-link="https://www.justice.gov/ag/media/1388536/dl?inline">reaffirmed</a> in February 2025, generally bars settlement payments to "a non-governmental person or entity that is not a party to the dispute." There are a few limited exceptions, none of which seem to apply here.</p>
<p>In case the payoffs to Trump's allies were not <a href="https://www.newsweek.com/donald-trumps-irs-lawsuit-threatens-justice-system-11475643">corrupt</a> enough, an addendum that Acting Attorney General Todd Blanche <a href="https://www.justice.gov/opa/media/1441216/dl">revealed</a> on May 19 bars the IRS from pursuing claims against Trump stemming from "any matters currently pending or that could be pending" based on "tax returns filed" before that date. Judging from just one potential dispute between Trump and the IRS, that immunity could be worth <a href="https://www.nytimes.com/2026/05/19/us/politics/trump-settlement-irs.html">$100 million</a> or more.</p>
<p>The relief was not limited to the IRS. "The plain language of this extremely broad provision" also covers "all other claims the United States might have against" Trump, the two sons who joined his lawsuit, or their business, the former judges noted in their motion. They added that these grants of immunity are "extraordinary benefits for which no consideration was provided to the government."</p>
<p>When Trump dropped his case, neither his personal attorneys for the Justice Department's lawyers (who also work for him) informed Williams about any of this. "There is no settlement of record," she <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.62.0_6.pdf">noted</a> when she closed the case. The Justice Department "neither submitted any settlement documents nor filed any documents ensuring that settlement was appropriate where there was an outstanding question as to whether an actual case or controversy existed."</p>
<p>Williams "was deceived," the former federal judges said in their motion. Although neither the plaintiffs nor the defendants said anything about a settlement in court, the Justice Department publicly "announced a 'settlement' of this action shortly after Plaintiffs filed their dismissal."</p>
<p>Trump's case against the IRS "was never an adversarial proceeding over which the Court even had jurisdiction," the motion argued. Yet the parties used it "as a means to allow a 'commission' controlled by the President to dole out $1.776 billion in taxpayer dollars without constitutional or congressional authority to do so, and to confer unlawful private benefits to the President and his family by purportedly prohibiting the United States from prosecuting any and all claims against them." They "have plainly tried to shield this conduct from necessary judicial scrutiny by short-circuiting this Court's inquiry into whether the lawsuit is in fact an actual case or controversy."</p>
<p>On the same day that Williams sought to apply such scrutiny, <em>The Wall Street Journal</em> <a href="https://www.wsj.com/politics/policy/trumps-1-8-billion-settlement-fund-sparks-alarm-inside-white-house-a9703af9?mod=politics_trendingnow_article_pos3">reported</a> that "Trump's top aides have discussed whether he should kill" the Anti-Weaponization Fund "in exchange for getting immigration enforcement funding passed next month." That bill was derailed by <a href="https://reason.com/2026/05/27/even-republicans-are-rebelling-at-trumps-blatantly-corrupt-anti-weaponization-fund/">Republican objections</a> to the slush fund. According to the <em>Journal</em>, the administration "hadn't anticipated the level of backlash" from Republican lawmakers.</p>
<p>The post <a href="https://reason.com/2026/06/01/trumps-corrupt-settlement-with-the-irs-hits-two-judicial-roadblocks/">Trump&#039;s Corrupt &#039;Settlement&#039; With the IRS Hits Two Judicial Roadblocks</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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