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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>
		2026-05-24T21:30:18Z	</updated>

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	<entry>
					<author>
			<name>Stephen Halbrook</name>
							<uri>https://reason.com/people/stephen-halbrook3/</uri>
					</author>
					<title type="html"><![CDATA[
				Second Amendment Roundup: Virginia Bans "Assault Firearms"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/24/second-amendment-roundup-virginia-bans-assault-firearms/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383468</id>
		<updated>2026-05-25T01:30:18Z</updated>
		<published>2026-05-25T01:30:18Z</published>
					<summary type="html"><![CDATA[The General Assembly tests the courts to see what it can get away with.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/24/second-amendment-roundup-virginia-bans-assault-firearms/">
			<![CDATA[<p>Just last year, Justice Elana Kagan <a href="https://www.supremecourt.gov/opinions/24pdf/23-1141_lkgn.pdf">wrote</a> for a unanimous Supreme Court in <em>Smith &amp; Wesson Brands v. Estados Unidos Mexicanos</em> that "the AR–15 is the most popular rifle in the country," adding that such rifles are "both widely legal and bought by many ordinary consumers."  And while at the same time the Court denied cert in <em>Snope v. Brown</em>, Justice Brett Kavanaugh issued a <a href="https://www.supremecourt.gov/opinions/24pdf/24-203_5ie6.pdf">statement</a> that the Fourth Circuit "erred by holding that Maryland's ban on AR–15s complies with the Second Amendment" and predicted that "this Court should and presumably will address the AR–15 issue soon, in the next Term or two."</p>
<p>The Virginia General Assembly apparently doesn't want to be outdone by California and the few other outlier states testing the Supreme Court to see if it really means it, as it stated in <em>Heller</em>, that the Second Amendment protects (at a minimum) "arms 'in common use at the time' for lawful purposes like self-defense." Virginia enacted <a href="https://legiscan.com/VA/bill/SB749/2026">HB 217/SB 749</a>, effective July 1, making the transfer or purchase of an "assault firearm" (defined to include popular semiauto firearms) and magazines holding over 15 rounds a Class 1 misdemeanor, punishable by incarceration for one year.  A second offense makes it unlawful to possess <em>any firearm</em> for three years.</p>
<p>In signing the bill on May 14, Governor Abigail Spanberger <a href="https://www.governor.virginia.gov/newsroom/news-releases/2026/may-releases/name-1117882-en.html">stated</a>: "While the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work with the patrons to clarify this language."  The governor is correct to concede a point that will be used in litigation challenging the new law, as the Virginia Constitution protects the right to hunt.  I explain the origins of that recognition in "The Constitutional Right to Hunt: New Recognition of an Old Liberty in Virginia," <a href="http://works.bepress.com/stephen_halbrook/3">published</a> in <em>William &amp; Mary Bill of Rights Journal</em> (2010).</p>
<p>But the governor ignores that the banned firearms are also "frequently used" for training, target practice, and self-defense.  Besides being protected by the federal Second Amendment, the banned firearms are guaranteed under the Virginia Constitution, Art. I, § 13, which provides in part: "That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed&hellip;."</p>
<p>The Virginia Declaration of Rights of 1776 included the above language without the final "keep and bear arms" clause, although Virginia demanded language similar to what became the Second Amendment when it ratified the U.S. Constitution in 1788.  As I show in "<a href="https://stephenhalbrook.com/wp-content/uploads/2024/05/st_george_tuckers_second_amendment.pdf">St. George Tucker's Second Amendment</a>," <em>Tenn. J. of L. &amp; Pol'y</em> (2007), the arms right was considered fundamental by Tucker, who was Virginia's finest jurist at the Founding.</p>
<p>In 1964, the Virginia Senate, the House concurring, declared that the Second Amendment right is "an inalienable part of our citizens' heritage in this State," adding "that any action taken by the General Assembly of Virginia to interfere with this right would strike at the basic liberty of our citizens; that no agency of this State or of any political subdivision should be given any power or seek any power which would prohibit the purchase or possession of firearms by any citizen of standing for the purpose of personal defense, sport, recreation or other noncriminal activities&hellip;."  In 1970, that statement was relied upon by proponents in the legislature for amending the Virginia Constitution to add the "keep and bear arms" clause, which was overwhelmingly approved by the voters in 1971.  I trace <a href="http://stephenhalbrook.com/law_review_articles/8-Halbrook.pdf">this history</a> in "The Right to Bear Arms in the Virginia Constitution and the Second Amendment," <em>Liberty U. L. Rev</em>. (2014).  <a href="https://scholarship.richmond.edu/lawreview/vol48/iss1/10/">See also</a> [now Justice, Va. Supreme Court] Stephen R. McCullough, "Article I Section 13 of the Virginia Constitution: Of Militias and an Individual Right to Bear Arms," <em>U. Richmond L. Rev</em>. (2013).</p>
<p>As an aside, unlike the redistricting amendment that the Virginia Supreme Court <a href="https://www.vacourts.gov/static/opinions/opnscvwp/1260127.pdf">found to be illegal</a> on May 8 in <em>Scott v. McDougle</em>, the 1971 amendment had been voted for in two separate legislative sessions, with an intervening election in between.  And fully two-thirds of Virginia's voters approved it.</p>
<p>In <em>DiGiacinto v. Rector &amp; Visitors of George Mason University</em> (2011), the Virginia Supreme Court <a href="https://www.ecases.us/case/va/c8901378/digiacinto-v-rector-and-visitors-of-gmu">held</a> that "the protection of the right to bear arms expressed in Article I, § 13 of the Constitution of Virginia is co-extensive with the rights provided by the Second Amendment of the United States Constitution" concerning the "sensitive place" issues in that case.  Pertinent to the gun-ban issue here, the Court repeated <em>Heller</em>'s dictum: "Individual self-defense is 'the central component of the right itself.'"</p>
<p>In 2020, bills that would have made it a five-year felony to possess an "assault firearm" failed to pass the General Assembly.  The proposals sparked a prairie fire by almost all Virginia counties, which passed resolutions reaffirming Second Amendment rights and refusing to enforce the unconstitutional proposals.  The Virginia Attorney General opined that these resolutions were meaningless, disregarding that priorities in law enforcement are left to local sheriffs and police and that prosecution is in the discretion of the Commonwealth Attorneys.  I <a href="https://stephenhalbrook.com/virginias-second-amendment-sanctuaries-do-they-have-legal-effect/">addressed</a> that issue in "Virginia's Second Amendment Sanctuaries: Do They Have Legal Effect?" <em>Regent U. L. Rev. </em>(2020-2021).</p>
<p>And now it's déjà vu all over again.  Scores of Virginia jurisdictions, covering most of the state's land mass, have again passed Second Amendment Sanctuary resolutions.  It's the population center of Northern Virginia that dominates the legislature and has the power to rule the rest of the Commonwealth.  But don't hold your breath waiting for local sheriffs or prosecutors to ferret out who may have committed the crime of transferring a semiauto rifle with an adjustable shoulder stock.  To exemplify the situation, Rob Cerullo, Commonwealth Attorney for Powhatan County, issued a <a href="https://irp.cdn-website.com/e9819c27/files/uploaded/Scan05-19-2026-144610.pdf">directive</a> stating that "my office will decline prosecution of criminal cases arising from violations of these sweeping bans until a court of competent jurisdiction rules on their legality."</p>
<p>Three lawsuits have already been filed seeking to have the gun ban declared unconstitutional and enjoined.  <a href="https://www.courtlistener.com/docket/73346829/mcdonald-v-katz/"><em>McDonald v. Katz</em></a>, filed in the U.S. district court for the Eastern District of Virginia, bases its challenge only on the Second Amendment.  The other two rely on both the Second Amendment and Virginia's Art. I , § 13 – <a href="https://www.ammoland.com/wp-content/uploads/2026/05/ComplaintBlackv.Hook_.pdf"><em>Black v. Hook</em></a>, filed in Fauquier County circuit court, and <a href="https://irp.cdn-website.com/e9819c27/files/uploaded/AWB+Lawsuit+as+filed.pdf"><em>Crump v. Katz</em></a>, filed in Lancaster County circuit court.</p>
<p>Look for another challenge to be filed by the United States.  On April 10, Assistant Attorney General Harmeet Dhillon <a href="https://x.com/ABC7Amarillo/status/2044038144882868592">wrote</a> Governor Spanberger about the pending bills: "This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans' individual right to bear arms."</p>
<p>The post <a href="https://reason.com/volokh/2026/05/24/second-amendment-roundup-virginia-bans-assault-firearms/">Second Amendment Roundup: Virginia Bans &quot;Assault Firearms&quot;</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[
				Video of Cato Institute Online Event on the Supreme Court Birthright Citizenship Case			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/24/video-of-cato-institute-online-event-on-the-supreme-court-birthright-citizenship-case/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383461</id>
		<updated>2026-05-24T21:59:30Z</updated>
		<published>2026-05-24T21:27:48Z</published>
			<category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Originalism" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Slavery" />		<summary type="html"><![CDATA[I participated, along with prominent legal scholars Gabriel Chin and Paul Finkelman.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/24/video-of-cato-institute-online-event-on-the-supreme-court-birthright-citizenship-case/">
			<![CDATA[<figure class="size-medium wp-image-8063419 alignnone"><img fetchpriority="high" decoding="async" class="size-medium wp-image-8063419 alignnone" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg" alt="" width="300" height="199" data-credit="Milla74/Dreamstime" srcset="https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg 300w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1024x680.jpg 1024w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-768x510.jpg 768w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1536x1020.jpg 1536w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-2048x1360.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Milla74/Dreamstime</figcaption></figure> <p>Last week, I participated in a Cato Institute <a href="https://www.cato.org/events/trump-v-barbara-birthright-citizenship-supreme-court" data-mrf-link="https://www.cato.org/events/trump-v-barbara-birthright-citizenship-supreme-court">an online event</a> on "<em>Trump v. Barbara</em>: Birthright Citizenship at the Supreme Court." The other participants were prominent immigration law scholar Prof. Gabriel Chin (UC Irvine) and leading legal historian Paul Finkelman (Univ. of Toledo). Dan Greenberg of the Cato Institute moderated. I have embedded the video of the event below:</p> <div style="width: 640px;" class="wp-video"><video class="wp-video-shortcode" id="video-8383461-1" width="640" height="360" preload="metadata" controls="controls"><source type="video/mp4" src="https://house-fastly-unsigned-us-east-1-prod.brightcovecdn.com/media/v1/pmp4/static/clear/6039378657001/08aed7e5-327c-4d53-bdc4-8cf71d2aa022/aedd5171-88df-41ff-9bf1-b519e80f1c16/main.mp4?_=1" /><a href="https://house-fastly-unsigned-us-east-1-prod.brightcovecdn.com/media/v1/pmp4/static/clear/6039378657001/08aed7e5-327c-4d53-bdc4-8cf71d2aa022/aedd5171-88df-41ff-9bf1-b519e80f1c16/main.mp4">https://house-fastly-unsigned-us-east-1-prod.brightcovecdn.com/media/v1/pmp4/static/clear/6039378657001/08aed7e5-327c-4d53-bdc4-8cf71d2aa022/aedd5171-88df-41ff-9bf1-b519e80f1c16/main.mp4</a></video></div> <p>&nbsp;</p> <p>Part of my presentation for the online event was based on my recent <a href="https://www.lawfaremedia.org/article/slavery-and-birthright-citizenship" data-mrf-link="https://www.lawfaremedia.org/article/slavery-and-birthright-citizenship">article in <em>Lawfare</em></a>, where I explained why all the Trump Administration's rationales for denying birthright citizenship to children of undocumented immigrants would, if applied consistently, also have had the effect of denying it to large numbers of freed slaves and their children and other Black Americans, thereby undermining the central objective of the Citizenship Clause of the Fourteenth Amendment. This issue <a href="https://reason.com/volokh/2026/04/01/justice-barrett-slavery-and-birthright-citizenship/">was raised by Justice Amy Coney Barrett</a> in the Supreme Court oral argument last month.</p> <p>I also touched on <a href="https://reason.com/volokh/2026/04/04/birth-right-citizenship-as-a-second-best-policy/">my Volokh Conspiracy blog post</a> where I explained why, although I believe birthright citizenship is superior to currently available alternatives, it is actually a "second-best" policy, not the optimal way to handle issues of migration and citizenship.</p><p>The post <a href="https://reason.com/volokh/2026/05/24/video-of-cato-institute-online-event-on-the-supreme-court-birthright-citizenship-case/">Video of Cato Institute Online Event on the Supreme Court Birthright Citizenship Case</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Milla74/Dreamstime]]></media:credit>
		<media:title><![CDATA[BabyAmericanFlagDreamstime]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 24, 1870			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/24/today-in-supreme-court-history-may-24-1870-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340732</id>
		<updated>2025-07-12T04:38:27Z</updated>
		<published>2026-05-24T11:00:27Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/24/1870: Justice Benjamin Cardozo's birthday.
The post Today in Supreme Court History: May 24, 1870 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/24/today-in-supreme-court-history-may-24-1870-7/">
			<![CDATA[<p>5/24/1870: <a href="https://conlaw.us/justices/benjamin-nathan-cardozo/">Justice Benjamin Cardozo's</a> birthday.</p> <figure id="attachment_8053027" aria-describedby="caption-attachment-8053027" style="width: 214px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8053027 size-medium" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/1932-Cardozo-1-214x300.jpg" alt="" width="214" height="300" srcset="https://reason.com/wp-content/uploads/2020/03/1932-Cardozo-1-214x300.jpg 214w, https://reason.com/wp-content/uploads/2020/03/1932-Cardozo-1.jpg 548w" sizes="(max-width: 214px) 100vw, 214px" /><figcaption id="caption-attachment-8053027" class="wp-caption-text">Justice Benjamin Cardozo</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/24/today-in-supreme-court-history-may-24-1870-7/">Today in Supreme Court History: May 24, 1870</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Henry Olsen</name>
							<uri>https://reason.com/people/henry-olsen/</uri>
					</author>
					<title type="html"><![CDATA[
				The DJ Who Brought America Weird Al, Tom Lehrer, and 'Cows With Guns'			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/24/the-dj-who-brought-america-weird-al-tom-lehrer-and-cows-with-guns/" />
		<id>https://reason.com/?p=8383391</id>
		<updated>2026-05-22T21:22:30Z</updated>
		<published>2026-05-24T10:00:54Z</published>
			<category scheme="https://reason.com/latest/" term="Comedy" /><category scheme="https://reason.com/latest/" term="Counterculture" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Music" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Radio" />		<summary type="html"><![CDATA[After 55 years, Dr. Demento has finally retired from the airwaves.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/24/the-dj-who-brought-america-weird-al-tom-lehrer-and-cows-with-guns/">
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		<p><span style="font-weight: 400;">When Barret Hansen, better known as Dr. Demento, recently ended his weekly show, he had spent 55 years spinning weird, silly, or otherwise strange songs on the radio or online. No mere fringe figure, he was an influential figure in American comedy and one of the most important cultural libertarians of his era.</span></p>
<p><span style="font-weight: 400;">That might seem far-fetched to people who grew up in a post-</span><i><span style="font-weight: 400;">SNL</span></i><span style="font-weight: 400;">, post-</span><i><span style="font-weight: 400;">Seinfeld</span></i><span style="font-weight: 400;"> world. But in the early 1970s, all that lay in the future. Television shows still had to pass strict censorial review to be aired, and the same code policed much of what could be heard on mainstream radio. Hansen's program pushed against those strictures.</span></p>
<p><span style="font-weight: 400;">Listeners never knew what Hansen might play. One moment might bring a sweet, old novelty song like the Playmates' "Beep Beep" about a "little Nash Rambler" that turned out to be more powerful than the Cadillac it was racing. The next moment you might hear a risqué song about sex, like Ruth Wallis' "</span><a href="https://www.youtube.com/watch?v=QViqeqwj7_E"><span style="font-weight: 400;">Davy's Dinghy</span></a><span style="font-weight: 400;">" (it's not about his boat) or the Lemon Sisters' lascivious "</span><a href="https://open.spotify.com/track/5OpPNbyVypkCiQ9P4Pv26D"><span style="font-weight: 400;">In My Country</span></a><span style="font-weight: 400;">" ("The swamp is thick, but don't be a wussie/Come steer your canoe right through my pussy&hellip;willows"). There was drug humor, from the relatively tame "</span><a href="https://www.youtube.com/watch?v=zqjSG4YPIG0"><span style="font-weight: 400;">Friendly Neighborhood Narco Agent</span></a><span style="font-weight: 400;">" to a mid-'90s parody of "The Devil Went Down to Georgia" called "</span><a href="https://genius.com/Travis-meyer-the-devil-went-down-to-jamaica-lyrics"><span style="font-weight: 400;">The Devil Went Down to Jamaica</span></a><span style="font-weight: 400;">" ("Johnny roll a ball of hash, and make sure it's the bomb/'Cause the devil's got the kind of stuff they smoked in Vietnam"). "</span><a href="https://www.youtube.com/watch?v=FQMbXvn2RNI"><span style="font-weight: 400;">Cows With Guns</span></a><span style="font-weight: 400;">," about bovines revolting against slaughter under the leadership of Cow Tse-tung, would compete with classic comic songs from Spike Jones and Tom Lehrer.</span></p>
<p><iframe title="Cows With Guns - The Original Animation" width="500" height="375" src="https://www.youtube.com/embed/FQMbXvn2RNI?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;">And sometimes the show could just get plain weird. Consider the program's two biggest hits, Barnes &amp; Barnes' "</span><a href="https://www.youtube.com/watch?v=n9TNcI7eUXY"><span style="font-weight: 400;">Fish Heads</span></a><span style="font-weight: 400;">" and Ogden Edsl's "</span><a href="https://genius.com/Ogden-edsl-dead-puppies-lyrics"><span style="font-weight: 400;">Dead Puppies</span></a><span style="font-weight: 400;">." The former informs us that fish heads "are never seen drinking cappuccino in Italian restaurants with Oriental women"; the latter laments, "Dead puppies aren't much fun/They don't come when you call/They don't chase squirrels at all." Other tunes in rotation found dark humor in everything from a school shooting (Julie Brown's "</span><a href="https://open.spotify.com/track/2scmuBEKCDn4ofQrckKTrh"><span style="font-weight: 400;">The Homecoming Queen's Got a Gun</span></a><span style="font-weight: 400;">") to a pedophile (Ogden Edsl's "</span><a href="https://genius.com/Ogden-edsl-kinko-the-clown-lyrics"><span style="font-weight: 400;">Kinko the Clown</span></a><span style="font-weight: 400;">"). There were the college philosophy meanderings of Tom "T-Bone" Stankus' "</span><a href="https://www.youtube.com/watch?v=8nJ30dodvdc"><span style="font-weight: 400;">Existential Blues</span></a><span style="font-weight: 400;">," crude advice like Frank Zappa's "</span><a href="https://www.youtube.com/watch?v=IobtCDkJKDc"><span style="font-weight: 400;">Don't Eat the Yellow Snow</span></a><span style="font-weight: 400;">," and a song whose lyrics are mostly just the names of different Los Angeles streets, Felix Figueroa's "</span><a href="https://www.youtube.com/watch?v=iyz3g3vRb-8"><span style="font-weight: 400;">Pico and Sepulveda</span></a><span style="font-weight: 400;">."</span></p>
<p><iframe loading="lazy" title="&quot;Fish Heads&quot; Barnes &amp; Barnes (OFFICIAL VIDEO - BEST QUALITY)" width="500" height="375" src="https://www.youtube.com/embed/n9TNcI7eUXY?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;">The program was periodically punctuated with cowbells and sound effects. The host was joined by funny friends with alliterative names, such as Captain Chaos and Laughing Linda. And each show ended with the "Funny Five," the most requested songs of the week—a tradition that put the listeners at the center of the experience: On this show, you could help shape the dementia.</span></p>
<h1><b>How Barret Hansen Became Dr. Demento</b></h1>
<p><span style="font-weight: 400;">Hansen grew up in Minneapolis, where he was a </span><a href="https://www.youtube.com/watch?v=zVaODPym4cg"><span style="font-weight: 400;">loner who listened to records</span></a><span style="font-weight: 400;"> and played them at his high school dances. He went on to get two degrees in music: a Bachelor of Arts from Reed College and a Master of Arts from UCLA. After graduating, he wrote liner notes for record companies, collected records by the bushel, and DJed at KPPC, a free-form FM radio station.</span></p>
<p><span style="font-weight: 400;">That's where he became Dr. Demento. One day he played Nervous Norvus' 1956 novelty hit "</span><a href="https://www.youtube.com/watch?v=HbhvZ2y1V80"><span style="font-weight: 400;">Transfusion</span></a><span style="font-weight: 400;">," a song about a reckless driver who constantly crashes his car only to be revived by blood transfusions. Someone at the station said he had to be demented to play that record, and his persona was born.</span></p>
<p><i><span style="font-weight: 400;">The Dr. Demento Show</span></i><span style="font-weight: 400;"> started in 1971 as a rock show with some novelty hits thrown in, but Hansen </span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd25.0621.html"><span style="font-weight: 400;">quickly discovered</span></a><span style="font-weight: 400;"> that almost all the audience requests were for the funny stuff. By late 1971 he had hopped to KMET, where his four-hour showcase for what he called "loony laughing records" was the No. 1 Sunday night show in the Los Angeles market. He went into national syndication in early 1974 with a taped two-hour version of the show; it rapidly became a success. He was profiled in </span><i><span style="font-weight: 400;">Newsweek</span></i><span style="font-weight: 400;"> and went on national TV. Some of the songs he played, such as "</span><a href="https://www.youtube.com/watch?v=jQnIL-XPerQ"><span style="font-weight: 400;">Junk Food Junkie</span></a><span style="font-weight: 400;">" and "</span><a href="https://www.facebook.com/groups/drdemento/posts/25338273249151368/"><span style="font-weight: 400;">Shaving Cream</span></a><span style="font-weight: 400;">," crossed over and became Top 40 hits. "I was very happy when something that I kind of started hit the charts," he said.</span></p>
<p><span style="font-weight: 400;">He had a short break from national syndication in 1977–1978, when his syndicator went bankrupt, but he kept broadcasting until his retirement—the </span><a href="https://en.wikipedia.org/wiki/List_of_longest-running_radio_programmes#List"><span style="font-weight: 400;">third-longest run in American radio history</span></a><span style="font-weight: 400;"> for a single-hosted musical show. Listeners started sending him their own creations, giving Hansen a new role: Just as Johnny Carson or Lorne Michaels could make a comedian's career by giving new talent a showcase, Dr. Demento became America's arbiter of musical comedy.</span></p>
<p><span style="font-weight: 400;">He wasn't wedded to any particular type of humor or any single musical genre. If someone sent him a decent record or tape, he'd play it. </span><i><span style="font-weight: 400;">Let the audience decide</span></i><span style="font-weight: 400;"> was his mantra.</span></p>
<h1><b>Dr. Demento and Weird Al Yankovic</b></h1>
<p><span style="font-weight: 400;">In that way, he gave a boost to such musical comics as Brad Stanfield, Damaskas, a UCLA co-ed known as Sulu, and the most famous and enduring of his discoveries: Alfred Yankovic, a shy young teenager who gave Hansen his first tape in 1973.</span></p>
<p><span style="font-weight: 400;">"Weird Al" Yankovic went on to become the most successful musical comedian in U.S. history. He has won five Grammys and an Emmy. His singles have charted for more than 30 years. And Hansen gave him more than his first showcase: </span><i><span style="font-weight: 400;">The Dr. Demento Show</span></i><span style="font-weight: 400;"> exposed Yankovic to such legendary comic musicians as Stan Freberg, Jones, Lehrer, and Allan Sherman. It was Hansen's program that inspired Yankovic to become a musical comedian. There would be no Weird Al if there were no Dr. Demento.</span></p>
<p><span style="font-weight: 400;">When I compare their relationship to that of Col. Parker and Elvis, Hansen quickly notes an essential difference: "I never managed Weird Al." But in some ways he was even more important than a manager would have been.</span></p>
<p><span style="font-weight: 400;">Hansen says he"considered myself perhaps a bit of a father figure" to Yankovic, something their roughly 20-year age difference made natural. The lyrics to Yankovic's break-out song ("</span><a href="https://www.youtube.com/watch?v=tZkouut-9RQ"><span style="font-weight: 400;">Another One Rides the Bus</span></a><span style="font-weight: 400;">," a parody of Queen's "Another One Bites the Dust") were written in a cabin where Yankovic was spending the weekend with Hansen and some of Hansen's friends. Hansen helped get Yankovic his first job after college, and he went on a joint tour with Weird Al when Dr. Demento was much the bigger name.</span></p>
<p><iframe loading="lazy" title="&quot;Weird Al&quot; Yankovic - Another One Rides the Bus" width="500" height="375" src="https://www.youtube.com/embed/tZkouut-9RQ?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;">Yankovic has never resented or rejected this influence, and the two are still friends. Hansen remains friends with other protégés too, such as Sulu and Mike "Musical Mike" Kiefer. The DJ's fans, who range from the alternative rockers </span><a href="https://www.youtube.com/watch?v=6qlxyGHAN3Q"><span style="font-weight: 400;">Courtney Love</span></a><span style="font-weight: 400;"> and </span><a href="https://www.facebook.com/groups/drdemento/permalink/34902898942688703/?mibextid=rS40aB7S9Ucbxw6v"><span style="font-weight: 400;">Dave Grohl</span></a><span style="font-weight: 400;"> to the Fox News personalities </span><a href="https://www.facebook.com/groups/drdemento/posts/29359079407070712/"><span style="font-weight: 400;">Greg Gutfeld and Kennedy</span></a><span style="font-weight: 400;">, still revere him too: A 1990s chat group about the show has evolved into the burgeoning </span><a href="https://dmdb.org/"><span style="font-weight: 400;">Demented Music Database</span></a><span style="font-weight: 400;">. The extremely active Dr. Demento Facebook group has more than 146,000 members, and if you search YouTube for one of the novelty songs that Hansen once featured, you'll almost always find someone in the comments recalling how they first heard it from good old Dr. Demento. Such displays of devotion are rare for a disc jockey years after his peak popularity.</span></p>
<p><span style="font-weight: 400;">But Hansen wasn't just a disc jockey. Listening to Dr. Demento was like entering a secret club, one that valued intelligence, nonconformity, and humor. One of my friends calls his discovery of the show in 1974 a "lifeline, a realization that there were other people like me." Former President Richard Nixon once said that as a boy, he would listen to the train whistle and dream of the "</span><a href="https://www.presidency.ucsb.edu/documents/address-accepting-the-presidential-nomination-the-republican-national-convention-miami"><span style="font-weight: 400;">faraway places where he'd like to go</span></a><span style="font-weight: 400;">." Each Sunday, Hansen's train would take us into a demented land and return us home safe and sound.</span></p>
<h1><b>The Libertarianism of Dr. Demento</b></h1>
<p><span style="font-weight: 400;">Hansen owned </span><a href="https://www.billboard.com/music/music-news/dr-demento-leaving-radio-for-the-web-1204405/"><span style="font-weight: 400;">more than 200,000 records</span></a><span style="font-weight: 400;">, one of the largest private collections in the world, and he was always happy to share his interests with his audience. That made him a teacher (some killjoys might say corrupter) of the young. What did he teach in his weekly forays into our homes?</span></p>
<p><span style="font-weight: 400;">Hansen never had a political agenda per se. He tended to shy away from overtly political humor, and he told Steve Martin </span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd25.0621.html"><span style="font-weight: 400;">in a 1977 interview</span></a><span style="font-weight: 400;"> that he didn't especially like political jokes. In </span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd25.0705.html"><span style="font-weight: 400;">one of his final episodes</span></a><span style="font-weight: 400;">, he decried the bitterness of contemporary politics. He told his listeners that anger had made many of the political songs he received less funny and that he played fewer of them as a result.</span></p>
<p><span style="font-weight: 400;">Nor did he seek to remake comedy. Lots of entertainers were doing that in the 1970s, and his show featured many of them: Mel Brooks, National Lampoon, Monty Python, Steve Martin. Yet, "I didn't think of myself as being in the same boat" as those people, he says. He just "thought of myself as playing things on the radio that you would never otherwise hear on the radio."</span></p>
<p><span style="font-weight: 400;">But that doesn't mean he wasn't part of that </span><i><span style="font-weight: 400;">zeitgeist</span></i><span style="font-weight: 400;">. Hansen believes in tolerance and freedom, and he brought that view to his show. Anyone could be featured, regardless of race, gender, or age. Anything could be lampooned as long as the treatment wasn't cruel.</span></p>
<p><span style="font-weight: 400;">"Occasionally [it] would cross my mind," he says, that he was a gatekeeper, that if he could open a door, other people could walk through it. "I don't like barriers," he adds, and the show certainly proved that. Rusty Warren, Benny Bell, and other longtime musicians whose risqué records had never been played on commercial radio suddenly found fame. Lehrer </span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd25.0802.html"><span style="font-weight: 400;">praised the Doc</span></a><span style="font-weight: 400;"> for helping to "</span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd91l.1201.html"><span style="font-weight: 400;">keep him alive</span></a><span style="font-weight: 400;">" by playing the morbidly satiric songs he'd recorded in the 1950s and '60s, prompting record companies to </span><a href="https://www.discogs.com/master/446031-Tom-Lehrer-An-Evening-Wasted-With-Tom-Lehrer?srsltid=AfmBOoqaeT8Y2w--lN3TUtvVr23WYafijXZyY2MAMGuA7RiMH2OXquPU"><span style="font-weight: 400;">reissue</span></a><span style="font-weight: 400;"> his discs. And then there's Harry "The Hipster" Gibson and his 1943 number "</span><a href="https://www.youtube.com/watch?v=rZ5_SyvxDXE"><span style="font-weight: 400;">Who Put the Benzedrine in Mrs. Murphy's Ovaltine?</span></a><span style="font-weight: 400;">" When Hansen </span><a href="https://dmdb.org/cgi-bin/plinfo.pl?drd76.0509.html"><span style="font-weight: 400;">interviewed</span></a><span style="font-weight: 400;"> Gibson in 1976, the singer told the DJ that the record had been banned from airplay for years for being "subversive"—until he got a call that "some cat named Demento" had been playing the forbidden song.</span></p>
<p><iframe loading="lazy" title="Who Put the Benzadrine in Mrs Murphys Ovaltine? - Harry &quot;The Hipster&quot; Gibson (1946)" width="500" height="375" src="https://www.youtube.com/embed/rZ5_SyvxDXE?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;">"You probably didn't know it was labeled subversive," Gibson told Hansen. His host chuckled softly and said, "Well&hellip;"</span></p>
<p><span style="font-weight: 400;">Hansen darn well knew it was subversive. That was why he played it.</span></p>
<p><span style="font-weight: 400;">In the early 1990s, Hansen aired some songs making fun of political correctness and commented that colleges falling prey to P.C. were defeating their mission of teaching people how to think for themselves. He believes that barriers are bad whether they come from the right or the left, an attitude that may help explain why he joined the Libertarian Party in the 1980s and spoke at this magazine's </span><a href="https://reason.com/2025/03/18/remembering-manny-klausner/"><span style="font-weight: 400;">20th anniversary celebration</span></a><span style="font-weight: 400;">. His show wasn't overtly political, but it exuded a kind of cultural libertarianism: Have a good time, be who you are, and don't worry. It was a message of genial toleration that reached into homes nationwide for two hours every Sunday night for almost 40 years.</span></p>
<h1><b>What Is Dr. Demento Doing Now?</b></h1>
<p><span style="font-weight: 400;">Just as radio killed vaudeville and television killed radio drama, the internet is killing old-fashioned, music-based radio stations. Those that remain tend to feature prepackaged formats that suppress the spontaneity and originality that the best disc jockeys brought to their programs. The easy accessibility of songs on YouTube and Spotify also means that unusual comedy acts no longer need airtime to get attention.</span></p>
<p><span style="font-weight: 400;">But Hansen's still around, even if he isn't hosting a weekly show anymore. He's still assembling collections of funny music and recently released his own single, </span><a href="https://coveredinpunk.com/"><i><span style="font-weight: 400;">Get Demented</span></i></a><span style="font-weight: 400;">.  He also showed up recently on the </span><a href="https://ustvdb.com/networks/cbs/shows/georgie-mandys-first-marriage/"><span style="font-weight: 400;">hit CBS sitcom</span></a> <i><span style="font-weight: 400;">Georgie and Mandy's First Marriage</span></i><span style="font-weight: 400;">. The show is set in the 1990s, when Demento's radio show was still nationally syndicated; Hansen has had two cameos in the past season, </span><a href="https://www.youtube.com/shorts/Wk_dpnOFpEg"><span style="font-weight: 400;">evaluating</span></a><span style="font-weight: 400;"> and then </span><a href="https://www.facebook.com/reel/1516119939906964"><span style="font-weight: 400;">playing</span></a><span style="font-weight: 400;"> a fictional song sent to him by one of the characters.</span></p>
<p><span style="font-weight: 400;">And people are still making the material he loved to transmit over the FM airwaves. Comic musicians (the artists in the </span><a href="https://www.thefump.com/"><span style="font-weight: 400;">Funny Music Project</span></a><span style="font-weight: 400;">, the </span><a href="https://www.wolvesofglendale.com/about"><span style="font-weight: 400;">Wolves of Glendale</span></a><span style="font-weight: 400;">, </span><a href="https://www.youtube.com/@honest2betsy"><span style="font-weight: 400;">Kira Coviello</span></a><span style="font-weight: 400;">) tour, post songs on their websites, or just make videos for social media, much as their novelty-act forebears labored in nightclubs and for niche record labels. Coviello's stage act, </span><a href="https://www.honest2betsy.com/events-2-1"><i><span style="font-weight: 400;">Honest2Betsy and her Bawdy Broads</span></i></a><span style="font-weight: 400;">, features singing, dancing, ventriloquism, and a segment where she touts herself as the world's only </span><span style="font-weight: 400;">topless accordion player</span><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">You can call that silly, strange, or funny. But only one word truly captures it: </span><i><span style="font-weight: 400;">demented</span></i><span style="font-weight: 400;">.</span></p>
<p>The post <a href="https://reason.com/2026/05/24/the-dj-who-brought-america-weird-al-tom-lehrer-and-cows-with-guns/">The DJ Who Brought America Weird Al, Tom Lehrer, and &#039;Cows With Guns&#039;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Everett Collection/IM RUYMEN/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[An image split vertically, with the left image a photograph of Dr. Demento in his top hat and red bowtie, and the right image is Dr. Demento in the same outfit, but placing the top hat on Weird Al Yankovic's head.]]></media:description>
		<media:title><![CDATA[Dr. Demento-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>
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		<id>https://reason.com/?post_type=volokh-post&#038;p=8383431</id>
		<updated>2026-05-24T07:00:00Z</updated>
		<published>2026-05-24T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/24/open-thread-214/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/24/open-thread-214/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
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					<title type="html"><![CDATA[
				Judge Dismisses Author Michael Wolff's Lawsuit Over Melania Trump's Defamation Litigation Threat			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/23/judge-dismisses-author-michael-wolffs-lawsuit-over-melania-trumps-defamation-litigation-threat/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383446</id>
		<updated>2026-05-23T23:56:13Z</updated>
		<published>2026-05-23T22:15:55Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Procedure" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[A short excerpt from yesterday's 15K-word opinion by Judge Mary Kay Vyskocil (S.D.N.Y.) Friday in Wolff v. Trump: In this&#8230;
The post Judge Dismisses Author Michael Wolff&#039;s Lawsuit Over Melania Trump&#039;s Defamation Litigation Threat appeared first on Reason.com.
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			<![CDATA[<p>A short excerpt from yesterday's 15K-word opinion by Judge Mary Kay Vyskocil (S.D.N.Y.) Friday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.655484/gov.uscourts.nysd.655484.25.0.pdf"><em>Wolff v. Trum</em></a><em>p</em>:</p>
<blockquote><p>In this case, a chronicler of the First Family sues the First Lady because she threatened to sue him for defamation. While Plaintiff and the First Lady have a real dispute, they must litigate it according to the same procedures as everyone else.</p>
<p>Plaintiff asks for a declaration that, if the First Lady sues him, he deserves to win. That is not how the federal courts work. He also contends that he should not be in federal court at all. But, while it may have started in state court, this case was properly removed. Plaintiff and the First Lady are citizens of different states, and the lawsuit she threatened seeks a billion dollars in damages.</p>
<p>There are many features of this case that make it complicated: the prominence of the personalities involved, the scandalizing content of the underlying statements, and, frankly, an inappropriate level of tactical gamesmanship. But the outcome is simple. The Court will not be conscripted to oversee an abusively presented spat and so declines to reach the merits here&hellip;.</p></blockquote>
<p>From the Complaint, here are Melania Trump's allegations of what statements are defamatory (the emphasis appears to originate in her demand letter):</p>
<p><span id="more-8383446"></span></p>
<blockquote><p><strong><em>"Melania Trump 'Very Involved' in Epstein Scandal: Author."</em></strong></p>
<p>"<strong><em>First Lady Melania could be the missing link</em></strong> in President Trump's ties to convicted sex offender Jeffrey Epstein."</p>
<p>"<strong><em>Melania was 'very involved' in Epstein's social circle</em></strong>, and noted that this is how she met Trump."</p>
<p>"She's introduced by a model agent, both of whom Trump and Epstein are involved with. She's introduced to Trump that way. <strong><em>Epstein [knew] her well."</em></strong></p>
<p>"In explosive tapes recorded by Wolff, Epstein alleged that <strong><em>Trump liked to 'f—his friend's wives and first slept with Melania on his 'Lolita Express.'</em></strong><em>"</em></p>
<p>"Where does [Melania] fit into the Epstein story? Where does she fit into this, into this whole culture of models of indeterminate age?"</p>
<p>"Epstein told [you], that Trump and Melania got together the first time [] on Epstein's airplane," and that "Melania met Trump through the same modeling circles through which Epstein and Trump procured dates."</p>
<p>"This sham marriage, trophy marriage, hardly any marriage at all is part of the scam."</p>
<p>"The Epstein story, in which Melania plays no small part."</p>
<p>"Where does Melania fit in with Epstein?"</p>
<p>"You stated that Mrs. Trump is sending letters threatening to sue anyone who makes the connection between her and Epstein because they are hiding something they don't want us to know."</p></blockquote>
<p>Back to the court's opinion:</p>
<blockquote><p>This case is presented to the Court in a somewhat contorted posture: A would-be defamation defendant sues a would-be defamation plaintiff in New York state court. He seeks a declaration that statements identified in a demand letter threatening litigation under Florida law are not defamatory, and, further, that any such litigation would violate—or, perhaps, has violated already—New York's anti-SLAPP law. Thereafter, the would-be defamation plaintiff removes the action to federal court, and moves to dismiss.</p>
<p>On the merits, the basic issue here is whether Plaintiff's public statements about the First Lady were defamatory. But that question, however much attention it may have received in the media, is not yet before the Court. Instead, the Court must first decide whether it can hear this case at all. The Court must next evaluate whether it would be a wise and economical exercise of the judicial power to do so&hellip;.</p>
<p>As brought before this Court, the pending claims for declaratory judgment are not obviously ones the Court is permitted to decide. While the Court finds that it probably could do so, for reasons discussed below it declines to proceed to the merits&hellip;.</p>
<p>When a plaintiff seeks declaratory relief concerning his past torts, courts generally decline to exercise their jurisdiction over his claim. Plaintiff here asks the Court to bless as non-tortious certain public statements he has previously made about the First Lady. This is an abuse of the Declaratory Judgment Act&hellip;.</p>
<p>"[T]o allow a declaratory judgment action under the facts before us would be to allow a substitute for the traditional procedures for adjudicating" speech-tort cases between private parties. More specifically, to entertain this case would reward Plaintiff's brazen attempt to "short-circuit" a suit by the First Lady in Florida, conferring upon him an undue "procedural advantage" by allowing him to "preempt the forum choice of the plaintiff to the coercive action."</p>
<p>This is textbook bad-faith forum-shopping, in which Plaintiff asks the Court to collude by "exercis[ing] jurisdiction over [a] declaratory action[ ] motivated by a desire to wrest the choice of forum from the real plaintiff." Plaintiff may or may not have defenses to the First Lady's would-be claim of defamation. Indeed, he may or may not have—or come to have—anti-SLAPP claims of his own. The Court takes no position on these possibilities. The Parties are free to pursue in good faith whatever claims they wish.</p>
<p>But it is disingenuous for Plaintiff to assert that he had "no choice" but to preemptively file this action in New York&hellip;. There is no reason whatsoever that Plaintiff should be allowed to "rely solely on [the] past injuries" purportedly caused by the assertion of claims against him in Florida "to obtain declaratory relief" thwarting those claims in a parallel action here.</p>
<p>The Court does note that Plaintiff makes much of the "chilling impact" one might experience upon being sued for defamation.. In other words, he contends that his claim concerns "not just past speech, but, significantly, <strong><em>future</em></strong> speech." But, fundamentally, he is asking the Court to adjudicate the tortiousness of specific statements that he has already made, and to do so in a forum other than the one in which litigation is already threatened (or, perhaps, pending). That he apparently wants to repeat those statements does not entitle him to "short-circuit" the Florida lawsuit here.</p>
<p>{If he means, by contrast, to ask the Court to review statements he has never before made, the Court declines to offer its assistance. Indeed, as discussed, the Court seriously doubts that it would have jurisdiction to issue an opinion staking out for him the boundaries within which any such statements would be immunized from future litigation.}</p>
<p>The Court's assessment of Plaintiff's gamesmanship bottoms out into recognition that he should simply seek the "adequate remedy" available to him by the assertion of his defenses and counterclaims in the action that he argues is pending "between the same parties" in Florida, where "all of the same issues raised in the declaratory judgment action are also in dispute." The coercive action in Florida may already be "pending" or it may merely be "potential." Either way, it is clearly relevant to the question of "whether there is a better or more effective remedy," available for the resolution of this case.</p>
<p>It does not trouble the Court that a defensive proceeding in Florida may not afford him "an opportunity for ventilation of the same state law issues," as would an offensive one in New York. All that might be missing in Florida—depending on a choice-of-law inquiry the Court does not endeavor here to undertake—are "the more protective policies" reflected in New York's anti-SLAPP law. This merely confirms the obvious reality, already discussed, that Plaintiff's action here constitutes an improper "rush to file first in anticipation of litigation in another tribunal, thereby enabling [him] to choose the forum and governing law by which to adjudicate the dispute, and otherwise to interfere with or frustrate the [First Lady's] pursuit of claims elsewhere."</p>
<p>Relatedly, "the use of a declaratory judgment would increase friction between sovereign legal systems [and] improperly encroach on the domain of a state &hellip; court," undermine "judicial efficiency and &hellip; economy," and potentially still fail to "clarify[ ]," "settl[e]," and "finalize" the controversy. In struggling against the First Lady's right to select a forum for her coercive action in the first instance, and her right to remove to a federal one in the second, Plaintiff has brought this case to the Court in a posture of profound confusion.</p>
<p>He asks a federal court to interpose "the more protective policies of New York State and its own Constitutional protections of free speech" as reflected in New York's anti-SLAPP law, in a simulated adjudication of a would-be Florida-based defamation suit. Faced with this procedurally convoluted request, the Court declines to multiply "[t]he risk of potentially contradictory fact finding between the state and federal court[s] on [the] critical issue" of the truth or falsity of Plaintiff's statements about the First Lady. Nor will it gratuitously volunteer to generate a "needless" decision on the scope of New York's anti-SLAPP law. To reach the merits here would be an abuse of the judicial system and a waste of its resources.</p>
<p>The First Lady was entitled to have Plaintiff's action against her heard by a federal court according to federal procedures. That action does concern a live case or controversy, but it is one that should be litigated according to the "traditional procedures for adjudicating" speech-tort cases between private parties. Accordingly, it should not be litigated here&hellip;.</p></blockquote>
<p>Alejandro Brito (Brito, PLLC) and Caryn Gail Schechtman and Steven Rosato (DLA Piper US LLP) represent Melania Trump.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/23/judge-dismisses-author-michael-wolffs-lawsuit-over-melania-trumps-defamation-litigation-threat/">Judge Dismisses Author Michael Wolff&#039;s Lawsuit Over Melania Trump&#039;s Defamation Litigation Threat</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[
				Texas Juries Decide Child Custody Cases			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/23/texas-juries-decide-child-custody-cases/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383442</id>
		<updated>2026-05-24T18:03:19Z</updated>
		<published>2026-05-23T17:39:48Z</published>
			<category scheme="https://reason.com/latest/" term="Children&#039;s Rights" /><category scheme="https://reason.com/latest/" term="Parental Rights" />		<summary type="html"><![CDATA[UPDATE: I've included a reader's pragmatic perspective on why many Texas parents choose not to ask for jury trials.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/23/texas-juries-decide-child-custody-cases/">
			<![CDATA[<p>In most states, child custody matters are decided by judges; but in Texas, they are in large part decided by juries. Here's a Texas Supreme Court decision from yesterday, <a href="https://www.txcourts.gov/media/1462766/250161.pdf"><em>Gopalan v. Marsh</em></a> (written by Justice John Devine), that illustrates this and reaffirms the primacy of the jury as to some such matters:</p>
<blockquote><p>In this divorce proceeding, the jury found that the father should have the exclusive right to designate the children's primary residence. But the trial court awarded the mother more time with the children under the divorce decree's possession order.</p>
<p>The central issue is whether the court's possession order contravened the jury verdict. We hold that it did. The ordinary meaning of "primary residence" does not encompass a home where the child lives less time than elsewhere, and the statutory context supports that understanding&hellip;.</p>
<p>Section 105.002(c) of the Family Code provides that "[i]n a jury trial":</p>
<blockquote><p>(1) a party is entitled to a verdict by the jury and <em>the court may not contravene a jury verdict</em> on the issues of: &hellip;</p>
<p>(D) the determination of which joint managing conservator [generally a parent] has the exclusive right to designate the <em>primary residence</em> of the child; &hellip; [but]</p>
<p>(2) the court may not submit to the jury questions on the issues of: &hellip;</p>
<p>(B) a <em>specific term or condition of possession</em> of or access to the child; or</p>
<p>(C) any right or duty of a conservator, other than a determination under Subdivision (1)(D), (E), or (F).</p></blockquote>
</blockquote>
<p><span id="more-8383442"></span></p>
<blockquote><p>At its core, this question comes down to what "primary residence" means within the statutory context&hellip;. When a statutory term is undefined, as here, we apply its common, ordinary meaning unless this yields an absurd result or a different meaning is apparent from the statutory context. To ascertain a term's ordinary meaning, we often start by consulting dictionaries. Dictionaries define (1) "residence" as "the place where one actually lives or has his home as distinguished from his technical domicile," (2) "primary" as "first in rank or importance," and (3) "primary residence" as "[t]he place where a person lives most of the time." Simply put, a home where the child actually lives less time than elsewhere is not the child's "primary residence" as that phrase is ordinarily understood&hellip;.</p>
<p>We therefore hold that the trial court contravened the jury verdict by awarding greater possession time to Marsh. The verdict on the primary-residence right does not dictate a "<em>specific</em> term or condition" of possession; it imposes a general constraint. Thus, remand is necessary for the trial court to redetermine the decree's possession order&hellip;.</p>
<p>[It] deserve[s] mention &hellip; [that] the plain meaning of "primary residence" in its statutory context does not preclude a possession arrangement of equal periods. The Family Code provides that "[j]oint managing conservatorship does not require the award of <em>equal</em> or nearly equal <em>periods of physical possession</em> of and access to each of the joint conservators." This provision implies that equal time is permissible; otherwise, the statement that it is not <em>required</em> would be surplusage. And in such an arrangement, the children would not be spending more time living elsewhere. That said, there can be only one "primary residence." Accordingly, even when the parent with the primary-residence right has been awarded equal or greater possession time, the order would still contravene the jury verdict if the possession periods are structured such that the designated residence would not be "primary" in the sense of "first in rank or importance." &hellip;</p></blockquote>
<p>Richard R. Orsinger, Leslie Bollier, Katherine Obando, and Stephen Orsinger represent Gopalan.</p>
<p>UPDATE: From reader Sean P. Healy (Healy Law Offices, P.C.), a helpful pragmatic view:</p>
<blockquote><p>I want to give you some perspective on Texas jury trials. I have been trying cases in Texas since 1993.</p>
<p>The content of your post was correct, but I don't think it's completely accurate to say Texas juries decide custody cases.</p>
<p>Either party can pay a jury fee and elect a jury trial, under certain circumstances. In practice, bench trials are a lot more common in custody cases than jury trials. I generally advise clients to elect bench trials, unless there is a specific reason to think a jury trial would confer an advantage. For instance, if the judge heard a hearing on temporary orders and granted primary custody to the other party, it might be advisable to pay a jury fee.</p>
<p>The increased cost of a jury trial (if the lawyer is being paid hourly) is maybe 5X the cost of a bench trial. This is because of the need to prepare and argue a jury charge, conduct jury selection, explain everything more fully, and hear many objections outside the presence of a jury.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/23/texas-juries-decide-child-custody-cases/">Texas Juries Decide Child Custody Cases</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/23/the-art-of-the-deal/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382821</id>
		<updated>2026-05-23T17:17:49Z</updated>
		<published>2026-05-23T15:47:11Z</published>
					<summary type="html"><![CDATA[The Trump/DOJ Settlement Agreement:—"Utterly stupid, morally wrong." ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/23/the-art-of-the-deal/">
			<![CDATA[<p>Just when you think there is no further outrage that the President of the United States can perpetrate to top all of the preceding outrages, along comes the Great Settlement Agreement of 2026.</p>
<p><a href="https://www.justice.gov/opa/media/1441201/dl?inline">Read it for yourself</a>. It's only three pages long. It's titled "Settlement Agreement." It is, however, not a "Settlement Agreement" within the usual and ordinary meaning of that term. You can call a duck a goose, but it's still a duck.</p>
<p>Let's review how we got here. Trump, on January 26, 2026 (while serving as President) filed suit in federal court (SD FL) against the IRS, alleging negligent conduct by an IRS contractor which led to the release of the confidential tax records of millions of people (including Trump), and seeking $10 billion in damages.</p>
<p>This claim is nonsensical and worthless; a reasonable valuation of this claim—i.e., the amount a reasonable person in the claim valuation business would have offered to buy this claim were he allowed to do so—is $0.00. You can't sue yourself; the President runs the IRS; he can fire any or all of the IRS employees, and he can determine IRS policies (including its litigation policies); the President and an Executive Agency wholly within the scope of Presidential control cannot be legal "adversaries." So there is no Article III "case or controversy" where the President is on one side of the case, and the IRS is on the other, and without a case or controversy the court has to dismiss the case for want of jurisdiction.</p>
<p>It would be a good question for a Con Law I exam. The short answer portion; it's too easy for a longer essay.</p>
<p>Trump's lawsuit was going to be dismissed. Everyone—you, me, Pam Bondi, Todd Blanche, Donald Trump—knew that.<span id="more-8382821"></span></p>
<p>At the court's first hearing back in February, District Judge Williams noted the "outstanding question as to whether an actual case or controversy existed" between the "parties," and requested that the "parties" brief the question for her.</p>
<p>No briefing from either one of the "parties," interestingly enough, was ever forthcoming on the question.<a href="#_edn1" name="_ednref1">[1]</a></p>
<p>There things remained until May 16, when Trump filed a "Notice of Voluntary Dismissal With Prejudice."<a href="#_edn2" name="_ednref2">[2]</a> The court, in accordance with ordinary practice (and with the governing Federal Rule of Civil Procedure, Rule 41(a)), dismissed Trump's claim with prejudice, noting further that "once a notice of dismissal pursuant to FRCP 41(a)(1) is filed, the Court is stripped of jurisdiction."</p>
<p>So that's that for Trump's so-called case.</p>
<p>Here's an excerpt from the court's final "Order Closing Case" [available <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.62.0_2.pdf">here</a>]:</p>
<blockquote><p>"Plaintiffs state that they are voluntarily dismissing the instant litigation with prejudice. Because the dismissal with prejudice extinguishes the claims regarding the unlawful disclosure of Plaintiffs' tax returns, the Court cancels all deadlines, including the date that the Parties were required to submit briefing as to whether an actual case or controversy existed in this matter."</p></blockquote>
<p>Judge Williams adds the interesting concluding paragraph:</p>
<blockquote><p>Because [Trump's] <strong>Notice does not reference any settlement or include a stipulation of settlement, there is no settlement of record</strong>. Additionally, Defendants—federal agencies represented by the Department of Justice, which has an independent obligation to uphold the "public's strong interest in knowing about the conduct of its Government and expenditure of its resources" and the "fair administration of justice," <strong>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.</strong></p></blockquote>
<p>The court, in other words, is saying: "We don't know <em><u>why</u></em> Plaintiff is withdrawing. There may have been a 'settlement' between Plaintiff and Defendants, but we have no information about that one way or the other. If there <em><u>was</u></em> a settlement, you might want to consider whether it is legitimate, given that it's just the left hand settling with the right."</p>
<p>In the ordinary case, the Plaintiff does not have to explain <em><u>why</u></em> he is withdrawing his claims; Plaintiffs are free to withdraw their claims for pretty much any reason or no reason at all.<a href="#_edn3" name="_ednref3">[3]</a> It could be because Plaintiff reached some agreement with the Defendant, or because Plaintiff suddenly realizes he will lose the case, or because Plaintiff has had a change of heart, or because Plaintiff has been diagnosed with a terminal illness and wants to spend his remaining days entirely with his family, etc.</p>
<p>But the court here is signaling that this is not the ordinary case. The court doesn't need to know <em>why</em> Trump is withdrawing, but <strong>if there has been some kind of "settlement," it may not have been "appropriate"</strong>; just as you can't sue yourself, you can't enter into a "settlement" with yourself to relinquish those claims that you have asserted against yourself.</p>
<p>Then, on May 18th, Trump and the DOJ execute <a href="https://www.justice.gov/opa/media/1441201/dl?inline">something they call a "Settlement Agreement</a>." In it, Trump relinquishes his so-called "claims" against the IRS.<a href="#_edn4" name="_ednref4">[4]</a> In exchange, the Defendant agrees (a) to issue an apology to Trump, and (b) to set up an "Anti-Weaponization Fund," entailing a "systematic process to hear and redress claims of others who, like Plaintiffs, state that they incurred harm from Lawfare and Weaponization."<a href="#_edn5" name="_ednref5">[5]</a></p>
<p>This "Anti-Weaponization Fund" will have $1.776 billion* (get it?) at its disposal.</p>
<blockquote><p>And because the parties to this Settlement Agreement apparently think that you and I and the rest of the American people are complete morons, they say, in the Agreement, that "the corpus of the Anti-Weaponization Fund's funding &hellip; is based on <em><u>the projected valuation of future claimants' claims."</u></em> It is, therefore, just a coincidence that it comes to 1.776 billion.</p></blockquote>
<p>The Fund will be administered by five Members, all of whom are to be appointed by the Attorney General (an employee of the President). One Member—but one Member only—must be chosen "in consultation with" (though not necessarily the approval of) "congressional leadership." Members can be removed at any time, without cause, by the President. The Fund "shall have the power to determine its own procedures for submitting, receiving, processing, and granting or denying claims," and the Fund "<em><u>may</u> </em>make those procedures public in whole or in part, in its discretion."</p>
<p>Every quarter, the Fund "shall provide to the Attorney General a <em><u>confidential</u></em> written report" enumerating names of everyone who "received any relief" from the Fund and "the nature of such relief."</p>
<p>And should you harbor any concerns about fraudulent claims, you can rest easy; the Fund "shall impose controls and systems to avoid fraudulent claims."</p>
<p>Think it's a bad deal, or even an unlawful deal, for the American people? Too bad for you! "This Settlement Agreement is enforceable and challengeable solely by Plaintiffs, Defendants, and the United States."</p>
<p>And, oops! As noted above, the May 18th Settlement Agreement contains a provision under which <span style="text-decoration: underline;"><em>Trump</em></span> releases his (non-existent) claims against the IRS. It doesn't say <em><span style="text-decoration: underline;">anything</span> </em>about the <em><span style="text-decoration: underline;">IRS</span> </em>releasing <em><span style="text-decoration: underline;">its</span></em> claims against Trump.</p>
<p>That, apparently, was an oversight. Like I said, oops! Oh-so-quietly, on May 19th, the Department corrected that little oversight, notifying the world, in <a href="https://www.justice.gov/opa/media/1441216/dl" target="_blank" rel="noopener">a document signed by Acting Attorney General Blanche</a>, that:</p>
<blockquote><p>"The United States RELEASES, WAIVES, ACQUITS, and FOREVER DISCHARGES each of the Plaintiffs, and is hereby FOREVER BARRED and PRECLUDED from prosecuting or pursuing, any and all claims, counterclaims, [etc.], whether previously known or unknown, that, as of the Effective Date of the Settlement Agreement [i.e., May 18th], have been or could have been asserted by [the IRS] against any of the Plaintiffs or related or affiliated individuals&hellip;"</p></blockquote>
<p>Wow! Blanche provides no explanation for why this rather important paragraph had been omitted from the original, signed, Settlement Agreement. My guess is: Bad lawyering. Maybe that's what happens when the DOJ sheds hundreds of competent attorneys.</p>
<p>It is, as Mitch McConnell—Mitch McConnell!—<a href="https://www.nytimes.com/2026/05/21/us/politics/senate-republicans-trump.html" target="_blank" rel="noopener">describes it</a>: "the nation's top law enforcement official asking for a slush fund to pay people who assault cops &hellip;. Utterly stupid, morally wrong."</p>
<p>You do, though, have to hand it to Trump's lawyers; they transformed a claim worth $0.00 into a $1.776 billion Fund to be handed out, most likely in secret, to Trump's supporters, <em><span style="text-decoration: underline;">plus</span></em> they got their client a get-out-of-jail card in connection with any possible liability Trump may have incurred for prior IRS-related defalcations (an immunity that the NY Times estimates may be worth up to $100 million to Trump and the Trump Organization). It's truly a testament to their immense lawyerly skill that they were able to get the other side to agree to this deal, no?</p>
<p>In the history of this country, there have been many, many people who have stuck their hands, inappropriately and unlawfully, into the public till. Some have ascended to high public office from which they could more easily implement their unlawful schemes. Democrats and Republicans, black and white, Christian and Muslim and Jew, men and women &hellip; Sad, but true.</p>
<p>But Donald Trump is more than just the latest member of this very unseemly fraternity—he is doing something truly without precedent. <em><u>Never before, in the history of the United States, has the grab been conducted so openly and so brazenly, out there in full view of the very public that is getting fleeced</u></em>.<a href="#_edn6" name="_ednref6">[6]</a></p>
<p>That this all comes as part of an "Anti-Weaponization" initiative from a president who has refined "weaponization" of the Justice Department into a fine art is beyond irony and beyond satire.</p>
<p>That Trump would like to get his hands on $1.776 billion of taxpayer money to hand out to friends and supporters is no surprise. What is much more difficult to understand is why so many people seem willing to let him get away with it.</p>
<p>The semi-revolt by Senate Republicans in the face of this monstrosity gives me (a little) hope that this may have finally crossed the line, for at least some of his supporters in the Republican party. We'll see if this gives a few of them the backbone to stand up to Trump, at least so as to nullify (if, indeed, nullification is even a possibility) this "Settlement."</p>
<hr />
<p><a href="#_ednref1" name="_edn1">[1]</a> I can understand why <em><u>Trump's</u></em> lawyers didn't file a brief addressing the question; there's nothing they could possibly have come up with to defend the continuation of the suit. But you'd think that the <em><span style="text-decoration: underline;">IRS</span></em> lawyers would jump into the fray, no? Their reluctance to do so can't have anything to do with the fact that the plaintiff is their boss, could it? Proving the point, no?</p>
<p><a href="#_ednref2" name="_edn2">[2]</a> A "Notice of Voluntary Dismissal with Prejudice" is a notification to the court from the Plaintiff: "I give up my claims now and forever; please dismiss them <em>with prejudice</em>." It's a "notice", not a "motion"; it's not asking the court to do something, it's telling the court what plaintiff has decided to do. Under Rule 41(a)(1), the claim strips the court of jurisdiction once it is filed by the plaintiff, so there's nothing the court can do anymore, other than close the case.</p>
<p><a href="#_ednref3" name="_edn3">[3]</a> There are exceptions to this general rule, of course; in class action cases, for example, the court has to approve any voluntary dismissal, which will involve examining the terms of any settlement that the parties have entered into, because the dismissal will affect the rights of third-parties who are parties to the suit but not to the settlement negotiations.</p>
<p><a href="#_ednref4" name="_edn4">[4]</a> The Agreement reads: "In exchange for the relief provided in this Settlement Agreement, and except as provided herein &hellip; Plaintiffs hereby RELEASE, WAIVE, ACQUIT, and FOREVER DISCHARGE Defendants and the United States from, and are hereby FOREVER BARRED and PRECLUDED from prosecuting or pursuing, any and all claims, charges, counterclaims, causes of action, appeals, or requests for any relief, &hellip; that—as of the Effective Date—have been or could have been asserted by Plaintiffs &hellip;")</p>
<p><a href="#_ednref5" name="_edn5">[5]</a> "Lawfare and Weaponization" are defined in the Agreement as the "sustained use of the levers of government power &hellip; in order to target individuals, groups, and entities for improper and unlawful political, personal, and/or ideological reasons."</p>
<p><a href="#_ednref6" name="_edn6">[6]</a> If you know of any actual case to prove me wrong on this, please let me know in the Comments or otherwise.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/23/the-art-of-the-deal/">The Art of the Deal</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>C. Jarrett Dieterle</name>
							<uri>https://reason.com/people/cjarrett-dieterle/</uri>
					</author>
					<title type="html"><![CDATA[
				Abigail Spanberger Vetoes Mandatory Collective Bargaining, Defying Virginia Unions			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/23/abigail-spanberger-vetoes-mandatory-collective-bargaining-defying-virginia-unions/" />
		<id>https://reason.com/?p=8383234</id>
		<updated>2026-05-22T22:06:38Z</updated>
		<published>2026-05-23T11:00:59Z</published>
			<category scheme="https://reason.com/latest/" term="Collective Bargaining" /><category scheme="https://reason.com/latest/" term="Labor" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Virginia" />		<summary type="html"><![CDATA[The surprising move saves taxpayers from a steep bill—for now.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/23/abigail-spanberger-vetoes-mandatory-collective-bargaining-defying-virginia-unions/">
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										alt="Virginia Gov. Abigail Spanberger | Peter Casey/TNS/Newscom"
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		<p style="font-weight: 400;">Since a <a href="https://virginiamercury.com/2025/11/04/democrats-sweep-virginias-statewide-races-reclaiming-full-control-of-executive-branch/" data-saferedirecturl="https://www.google.com/url?q=https://virginiamercury.com/2025/11/04/democrats-sweep-virginias-statewide-races-reclaiming-full-control-of-executive-branch/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw2RMyakjLK6kXvrecusOAf6">Democratic trifecta</a> took control of Virginia's government in the 2025 election, two longtime progressive labor policy priorities have been front and center: repealing the state's right-to-work law and mandating public sector collective bargaining. Now, less than six months into the Democratic reign in Richmond, pro-union forces have come away empty handed. While unions may be disappointed, Virginia taxpayers have new reason to celebrate.</p>
<p>They also have an unlikely person to thank, at least for the moment: Gov. Abigail Spanberger, who vetoed collective bargaining legislation last week.</p>
<p style="font-weight: 400;">The drama traces back to the campaign trail. Then-candidate Abigail Spanberger secured the Democratic nomination amid <a href="https://abigailspanberger.com/washington-post-spanberger-democrats-tout-unions-as-virginia-governors-race-firms-up/" data-saferedirecturl="https://www.google.com/url?q=https://abigailspanberger.com/washington-post-spanberger-democrats-tout-unions-as-virginia-governors-race-firms-up/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw2f_zlsDl1aX8UA1vEC12v7">strong support for unions</a>. She even managed to  <a href="https://www.washingtonpost.com/dc-md-va/2025/08/13/virginia-governor-police-spanberger-trump/" data-saferedirecturl="https://www.google.com/url?q=https://www.washingtonpost.com/dc-md-va/2025/08/13/virginia-governor-police-spanberger-trump/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw2wQSg6WNT3fMKjUHJX5WZo">secure the endorsement</a> of the Virginia Police Benevolent Association—a police union that had largely supported GOP candidates in recent elections—over Republican candidate Winsome Sears, further underscoring Spanberger's pro-union appeal.</p>
<p style="font-weight: 400;">Despite her strong affiliation with organized labor, Spanberger <a href="https://reason.com/2025/12/06/virginias-new-blue-trifecta-puts-right-to-work-on-the-line/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2025/12/06/virginias-new-blue-trifecta-puts-right-to-work-on-the-line/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw3koY0KKg74TEhUphEWiGr_">said</a> several times during her campaign that she did not support a "full" repeal of Virginia's right-to-work law, which has existed in the state for close to 80 years. This led many observers—including yours truly—to try to <a href="https://reason.com/2025/12/06/virginias-new-blue-trifecta-puts-right-to-work-on-the-line/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2025/12/06/virginias-new-blue-trifecta-puts-right-to-work-on-the-line/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw3koY0KKg74TEhUphEWiGr_">read the tea leaves</a> behind her statements, including whether she might still support some version of a "partial" right-to-work repeal.</p>
<p style="font-weight: 400;">Yet there was much less ambiguity when it came to public sector collective bargaining. During the campaign, Spanberger <a href="https://www.vpm.org/generalassembly/2026-05-18/spanberger-collective-bargaining-veto-unions-labor-liechtenstein" data-saferedirecturl="https://www.google.com/url?q=https://www.vpm.org/generalassembly/2026-05-18/spanberger-collective-bargaining-veto-unions-labor-liechtenstein&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw0PXLjN4gKuicnc4NEH1OpD">answered "yes"</a> on a candidate questionnaire that asked if she would "champion and sign legislation to ensure collective bargaining rights for all public employees."</p>
<p style="font-weight: 400;">Virginia is one of a handful of states that <a href="https://reason.com/2026/02/21/virginia-democrats-push-for-mandatory-government-unions-is-not-an-affordability-agenda/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2026/02/21/virginia-democrats-push-for-mandatory-government-unions-is-not-an-affordability-agenda/&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw0iMST_pKNgLuGYcSCtZTEe">bans</a> public sector collective bargaining, having done so since a 1977 state supreme court decision. In 2021, when former Gov. Ralph Northam was in office, Democrats <a href="https://ballotpedia.org/Public-sector_union_policy_in_Virginia#:~:text=In%202020%2C%20the%20Virginia%20General,effect%20on%20May%201%2C%202021.&amp;text=No%20state%2C%20county%2C%20city%2C,ordinance%20or%20by%20a%20resolution.&amp;text=Democrats%20had%20trifecta%20control%20of%20Virginia%20state%20government%20at%20the%20time." data-saferedirecturl="https://www.google.com/url?q=https://ballotpedia.org/Public-sector_union_policy_in_Virginia%23:~:text%3DIn%25202020%252C%2520the%2520Virginia%2520General,effect%2520on%2520May%25201%252C%25202021.%26text%3DNo%2520state%252C%2520county%252C%2520city%252C,ordinance%2520or%2520by%2520a%2520resolution.%26text%3DDemocrats%2520had%2520trifecta%2520control%2520of%2520Virginia%2520state%2520government%2520at%2520the%2520time.&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw0UPClV6hPvj31VWBCzIu6t">changed</a> the law to an opt-in system, whereby localities could pass ordinances to allow public sector collective bargaining. (Only <a href="https://www.americanprogress.org/article/virginia-workers-biggest-win-in-decades-could-come-in-2026/#:~:text=This%20follows%20on%20the%20General,that%20first%20pass%20enabling%20legislation." data-saferedirecturl="https://www.google.com/url?q=https://www.americanprogress.org/article/virginia-workers-biggest-win-in-decades-could-come-in-2026/%23:~:text%3DThis%2520follows%2520on%2520the%2520General,that%2520first%2520pass%2520enabling%2520legislation.&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw3O1PIroaCzBcZUqIFZs65x">a small fraction have opted in</a>).</p>
<p style="font-weight: 400;">The goal of Virginia Democrats in 2026 was to turn collective bargaining into a statewide mandate, not a local choice. Earlier this year, Democratic lawmakers <a href="https://lis.virginia.gov/bill-details/20261/SB378" data-saferedirecturl="https://www.google.com/url?q=https://lis.virginia.gov/bill-details/20261/SB378&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw1EjSu6EdxyOml9LgnBcgDS">introduced</a> a bill to make this mandate a reality. The bill cleared the state legislature and went to Spanberger's desk, where union interests were <a href="https://wjla.com/news/local/virginia-leaders-sound-alarm-collective-bargaining-bill-bankrupt-government-afscme-union-prince-william-county-teachers-police-officers-public-workers-employees-school-boards-governor-abigail-spanberger" data-saferedirecturl="https://www.google.com/url?q=https://wjla.com/news/local/virginia-leaders-sound-alarm-collective-bargaining-bill-bankrupt-government-afscme-union-prince-william-county-teachers-police-officers-public-workers-employees-school-boards-governor-abigail-spanberger&amp;source=gmail&amp;ust=1779509195768000&amp;usg=AOvVaw0aqxxfIr8BmSeUxDOY1cLS">confident</a> it would be signed by the governor.</p>
<p style="font-weight: 400;">But Spanberger surprised many by sending a <a href="https://www.wtvr.com/news/local-news/spanberger-amendments-pushback-april14-2026" data-saferedirecturl="https://www.google.com/url?q=https://www.wtvr.com/news/local-news/spanberger-amendments-pushback-april14-2026&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw2AgQ_d-fvz6HXFT-17SxPE">revised version</a> of the bill back to the Legislature. The governor's amended version made <a href="https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/" data-saferedirecturl="https://www.google.com/url?q=https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw1w0lPaQnn0GmF3M6pWA3xd">material changes</a> to the bill, including changing "shall" language—as in, the scope of collective bargaining "<em>shall</em> include" bargaining over wages, hours, and benefits—to "<em>may</em>," thereby cutting back on the prescriptive text. It also delayed the law's implementation for localities from 2028 to 2030 and <a href="https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/" data-saferedirecturl="https://www.google.com/url?q=https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw1w0lPaQnn0GmF3M6pWA3xd">opted for</a> advisory arbitration, rather than binding, to settle contract disputes.</p>
<p style="font-weight: 400;">Perhaps most significantly, Spanberger's version gave more power to a new government agency that would be created under the legislation, known as the Public Employee Relations Board. An <a href="https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/" data-saferedirecturl="https://www.google.com/url?q=https://www.epi.org/blog/virginia-governors-amended-collective-bargaining-bill-would-leave-workers-rights-optional-and-large-public-sector-pay-gap-unaddressed/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw1w0lPaQnn0GmF3M6pWA3xd">analysis</a> by the Economic Policy Institute noted that the original bill contained detailed rules about union elections and contract negotiation timelines, while Spanberger's version left these matters up to the body's discretion.</p>
<p style="font-weight: 400;">Unions argued that this amounted to a <a href="https://www.courthousenews.com/democratic-governor-axes-virginia-public-sector-collective-bargaining-bill/" data-saferedirecturl="https://www.google.com/url?q=https://www.courthousenews.com/democratic-governor-axes-virginia-public-sector-collective-bargaining-bill/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw3bm-vqoAMnfR3TcEwlOqKP">regulatory death sentence</a> given that the board's five members are appointed by the governor, raising fears that a future Republican leader could stock the board with anti-union members. Spanberger's revised version also eliminated a requirement that two of the board's members must be union representatives, further watering down union influence over the process.</p>
<p style="font-weight: 400;">Faced with this revised bill, the state assembly bowed to union pressure and <a href="https://www.washingtonpost.com/opinions/2026/04/22/virginia-general-assembly-gives-abigail-spanberger-costly-ultimatum/">rejected</a> Spanberger's amendments. This put the ball back in the governor's court, daring her to veto the original bill or acquiesce. Spanberger <a href="https://lis.virginia.gov/bill-details/20261/HB1263/text/HB1263VG" data-saferedirecturl="https://www.google.com/url?q=https://lis.virginia.gov/bill-details/20261/HB1263/text/HB1263VG&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw1P_l83975sak_qAX4dyeRD">chose the veto</a>.</p>
<p style="font-weight: 400;">Predictably, union interests cried foul, <a href="https://www.insidenova.com/news/fairfax/labor-advocates-feel-betrayed-by-gov-spanbergers-collective-bargaining-veto/article_f668c9e3-880a-4f3a-80d1-b876c5cfa2ce.html" data-saferedirecturl="https://www.google.com/url?q=https://www.insidenova.com/news/fairfax/labor-advocates-feel-betrayed-by-gov-spanbergers-collective-bargaining-veto/article_f668c9e3-880a-4f3a-80d1-b876c5cfa2ce.html&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw3XQVp0Y2kyVkqlHINhYdOm">viewing it as a bait and switch</a> and likening Spanberger to her Republican predecessor Gov. Glenn Youngkin. Despite her veto, Spanberger <a href="https://www.fcnp.com/2026/05/20/spanberger-explains-her-veto-of-collective-bargaining/" data-saferedirecturl="https://www.google.com/url?q=https://www.fcnp.com/2026/05/20/spanberger-explains-her-veto-of-collective-bargaining/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw0oRTqoZaFrcbtmoXAJsegr">maintains</a> that she supports public sector collective bargaining and that she will "continue to look forward to a place where we'll have a bill that I'll sign into law." Virginia Democrats will retain their trifecta through at least the 2027 state elections, perhaps providing enough time for them to iron out the dispute before the balance of power in Richmond potentially changes.</p>
<p style="font-weight: 400;">In the meantime, Virginians can enjoy the reprieve—because public sector collective bargaining continues to be a bad bet from a policy standpoint. Research has <a href="https://www.heritage.org/jobs-and-labor/report/how-government-unions-affect-state-and-local-finances-empirical-50-state#:~:text=Using%20synthetic%2Dcontrol%20case%20studies,aggressive%20powers%20to%20union%20leaders." data-saferedirecturl="https://www.google.com/url?q=https://www.heritage.org/jobs-and-labor/report/how-government-unions-affect-state-and-local-finances-empirical-50-state%23:~:text%3DUsing%2520synthetic%252Dcontrol%2520case%2520studies,aggressive%2520powers%2520to%2520union%2520leaders.&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw3irgf7VgGpGbU7gRJzb4Ut">found</a> that mandatory bargaining raises state and local government spending anywhere from $600 to $750 per person annually, which could amount to a substantially larger tax burden for a small family. It is estimated that the proposed Virginia legislation would have <a href="https://reason.com/2026/02/21/virginia-democrats-push-for-mandatory-government-unions-is-not-an-affordability-agenda/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2026/02/21/virginia-democrats-push-for-mandatory-government-unions-is-not-an-affordability-agenda/&amp;source=gmail&amp;ust=1779509195769000&amp;usg=AOvVaw1CyICXQT_UkJMbBzqWvQi8">cost</a> the state $50 million annually, while the costs for localities could have ranged anywhere from $50,000 to $403 million over a two-year period.</p>
<p style="font-weight: 400;">Virginia taxpayers, in other words, dodged a bullet with Spanberger's veto. They'll have to hope she continues holding the line.</p>
<p>The post <a href="https://reason.com/2026/05/23/abigail-spanberger-vetoes-mandatory-collective-bargaining-defying-virginia-unions/">Abigail Spanberger Vetoes Mandatory Collective Bargaining, Defying Virginia Unions</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Peter Casey/TNS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Virginia Gov. Abigail Spanberger]]></media:description>
		<media:caption><![CDATA[Virginia Gov. Abigail Spanberger]]></media:caption>
		<media:text><![CDATA[Virginia Gov. Abigail Spanberger]]></media:text>
		<media:title><![CDATA[spanberger-collective-bargaining-veto]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/spanberger-collective-bargaining-veto-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[
				Today in Supreme Court History: May 23, 1991			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/23/today-in-supreme-court-history-may-23-1991-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8340723</id>
		<updated>2025-07-12T04:32:05Z</updated>
		<published>2026-05-23T11:00:37Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/23/1991: Rust v. Sullivan is decided.
The post Today in Supreme Court History: May 23, 1991 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/23/today-in-supreme-court-history-may-23-1991-7/">
			<![CDATA[<p>5/23/1991: Rust v. Sullivan is decided.</p> <figure id="attachment_8053024" aria-describedby="caption-attachment-8053024" style="width: 500px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8053024 size-full" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/1990-1991-Rehnquist.jpg" alt="" width="500" height="394" srcset="https://reason.com/wp-content/uploads/2020/03/1990-1991-Rehnquist.jpg 500w, https://reason.com/wp-content/uploads/2020/03/1990-1991-Rehnquist-300x236.jpg 300w" sizes="(max-width: 500px) 100vw, 500px" /><figcaption id="caption-attachment-8053024" class="wp-caption-text">The Rehnquist Court (1991)</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/23/today-in-supreme-court-history-may-23-1991-7/">Today in Supreme Court History: May 23, 1991</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[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/23/open-thread-213/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383244</id>
		<updated>2026-05-23T07:00:00Z</updated>
		<published>2026-05-23T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/23/open-thread-213/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/23/open-thread-213/">Open Thread</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[
				FBI Director Kash Patel's Girlfriend's Defamation Suit Over Allegations She Was Israeli Spy Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/fbi-director-kash-patels-girlfriends-defamation-suit-over-allegations-she-was-israeli-spy-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383428</id>
		<updated>2026-05-22T23:32:51Z</updated>
		<published>2026-05-22T23:32:51Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[From Judge David Alan Ezra (W.D. Tex.) today in Wilkins v. Seraphin: This case arises from allegedly defamatory statements made&#8230;
The post FBI Director Kash Patel&#039;s Girlfriend&#039;s Defamation Suit Over Allegations She Was Israeli Spy Can Go Forward appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/fbi-director-kash-patels-girlfriends-defamation-suit-over-allegations-she-was-israeli-spy-can-go-forward/">
			<![CDATA[<p>From Judge David Alan Ezra (W.D. Tex.) today in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172861464/gov.uscourts.txwd.1172861464.17.0.pdf">Wilkins v. Seraphin</a></em>:</p>
<blockquote><p>This case arises from allegedly defamatory statements made by Defendant Kyle M. Seraphin on his podcast show, the Kyle Seraphin Show, about Plaintiff Alexis Wilkins &hellip;.</p>
<p>Plaintiff Alexis Wilkins [alleges she] "is a patriotic, conservative, Christian, country music artist and published writer, who also works for a conservative advocacy and educational company, PragerU." Since January 2023, Plaintiff has been in a long-term relationship with Kashyap "Kash" Patel, the Director of the &hellip; FBI &hellip;.</p>
<p>Defendant Kyle M. Seraphin is a U.S. Air Force veteran and former FBI special agent in the FBI's Counterterrorism Division. A self-proclaimed "Podcaster," "Whistleblower," and "Recovering FBI agent," Defendant hosts the Kyle Seraphin Show, during which he "trades on his insider knowledge of the FBI and his experience in law enforcement" to tell his audience the "uncomfortable truth."</p>
<p>The show, which is livestreamed on YouTube, "Rumble," and Defendant's website, garners wide reach. According to Plaintiff's Complaint, Defendant has over 271,800 followers on X, and his posts frequently reach tens of thousands of views and numerous re-posts. Plaintiff also alleges that Defendant receives income through his video sponsorships, paid membership through YouTube, and donations through YouTube.</p>
<p>On August 22, 2025, Defendant stated the following on the Kyle Seraphin Show:</p>
<blockquote><p>[FBI Director Kash Patel] has had his own little 'honeypot' issue that's been going on of late, so we're just going to acknowledge it real publicly. He's got a girlfriend that is half his age, who is apparently is both a country music singer, a political commentator on Rumble, a friend of John Rich through Bongino, who also now owns a big chunk of Rumble, and she's also a former Mossad agent in what is like the equivalent of their NSA. But I'm sure that's totally because, like, she's really looking for like a cross-eyed, you know, kind of thickish built, super cool bro who's almost 50 years old who's Indian in America.</p>
<p>Like it has nothing to do with the fact that uh we're really close to the Trump administration. Anyway, I'm sure that's totally just like love.</p>
<p>That's what real love looks like.</p></blockquote>
<p>Plaintiff alleges that, in making this statement, Defendant falsely and maliciously characterized her as a "honeypot"—which she defines as an agent of a foreign government who began a relationship with another for purposes of manipulating and compromising them—and accused her of "conduct[ing] espionage to undermine [] national security" and "committing treason." &hellip;</p></blockquote>
<p><span id="more-8383428"></span></p>
<p>The court concluded that Wilkins had adequately alleged that the statements about her were false factual assertions (rather than opinion or hyperbole); recall that at this stage, the question is just about whether the allegations are legally sufficient—determining their truth or falsity is for later in the case:</p>
<blockquote><p>First, Defendant asserts that his "sarcastic, humorous, and hyperbolic statements" that Plaintiff is a "honeypot" and "former Mossad agent" are not defamatory as a matter of law. Because these "tongue-in-cheek" comments were given "in the context of a political podcast," a reasonable listener would understand that these "purposefully over-the-top representations" were not assertions of fact, but rather "an effort to make news of the day interesting to listeners," he contends&hellip;.</p>
<p>A statement is considered defamatory under Texas law if "a person of ordinary intelligence would interpret it in a way that tends to injure the subject's reputation and thereby expose the subject to public hatred, contempt, or ridicule, or financial injury, or to impeach the subject's honesty, integrity virtue, or reputation." &hellip;</p>
<p>In First, Defendant's statements here are verifiably false [in context, this appears to mean "verifiable as false," which is to say capable of being proved true or false -EV]. Second, when viewed in context, the Court finds that these statements would reasonably be understood as describing actual facts, rather than "opinion masquerading as fact."</p>
<p>In the episode at issue, Defendant begins by describing himself as a "real whistleblower" and former FBI agent who presents the "uncomfortable truth" during his podcast. As pleaded by Plaintiff, the introduction to the podcast also begins with a voiceover that says, "this program has no time for comforting lies."</p>
<p>In addition, preceding the statements about Plaintiff in his show, Defendant surveyed news reports of undercover and "honeypot" techniques used by the FBI in various investigations. Then, Defendant discussed Director Patel having his own "little honeypot issue that's been going on of late" and proceeded to talk about Plaintiff. After these statements, Defendant continued his criticism of Director Patel by wading into "the Epstein situation," the FBI's New York Field Office, and the "New York Mafia" to "break it down for people so we have this real clear idea of &hellip; who's really running the FBI[.]"</p>
<p>When viewed in this context, the Court finds that a reasonable viewer would take Defendant's statements as part and parcel of the show's stated aim of presenting "uncomfortable truths" and a continuance of the factual discussions immediately before and after the statements. Defendant's arguments to the contrary ignore this context.</p>
<p>{The Court is also not persuaded by Defendant's citation to <em>Patel v. Figliuzzi</em> (S.D. Tex. Apr. 21, 2026). There, the court found that a statement that Director Patel has "been visible at nightclubs far more than he has been on the seventh floor of the Hoover building" was mere "rhetorical hyperbole." However, that statement is different in kind from the statement at issue here. <em>Id.</em> (explaining that by saying Director Patel spent "far more" time at nightclubs than his office, the defendant delivered his answer 'in an exaggerated, provocative and amusing way'"). When viewed in context, the Court does not agree with Defendant that the statements here are mere "rhetorical hyperbole."} &hellip;</p></blockquote>
<p>And the court concluded that Wilkins had adequately alleged "actual malice" on Seraphin's part:</p>
<blockquote><p>Plaintiff has sufficiently pleaded actual malice and so declines to rule on Plaintiff's status as a public or private figure at this stage of the proceedings. Actual malice requires a statement made "'with knowledge that it is false, or with reckless disregard of whether it is true.'" &hellip; [R]eckless disregard is a "subjective standard that focuses on the conduct and state of mind of the defendant." &hellip; [M]ere negligence is insufficient.</p>
<p>In her Complaint, Plaintiff alleges that Defendant acted with actual malice in making the allegedly defamatory statements. She asserts that Defendant "published his defamatory statements across numerous outlets, knowing that they were false" and "entirely fabricated the story to generate video engagement revenue and to indulge in his obvious animus against Dir. Patel and against Ms. Wilkins."</p>
<p>In support of these allegations, Plaintiff states that she and Defendant met in person approximately two years ago at a political event. Plaintiff alleges that, because of that meeting, which took place before Director Patel became the FBI Director, Defendant knew that Plaintiff was American, not Israeli, that she was not a Mossad agent, and that her relationship with Director Patel began long before he became Director. Plaintiff also alleges that Defendant had never once reached out to her and that she stated publicly prior to Defendant's statements that the allegations regarding her affiliation with Israel are false.</p>
<p>Based on this, Plaintiff contends that Defendant knew she was not part of any foreign intelligence agency, and instead "fabricated this accusation at the expense of [Plaintiff] to obtain personal profit, generating outrage to drive up his viewership." This animus and "malicious intent," Plaintiff asserts, "is further emphasized by [Defendant's] desire to spread this lie 'real publicly.'" Taking these well-pleaded allegations as true and viewing them in light most favorable to her, the Court finds that Plaintiff has sufficiently pleaded actual malice&hellip;.</p></blockquote>
<p>Jared Joseph Roberts and Jason C. Greaves (Binnall Law Group PLLC) represent Wilkins.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/fbi-director-kash-patels-girlfriends-defamation-suit-over-allegations-she-was-israeli-spy-can-go-forward/">FBI Director Kash Patel&#039;s Girlfriend&#039;s Defamation Suit Over Allegations She Was Israeli Spy Can Go Forward</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[
				Professor's #TheyLied Defamation Case Against National Academy of Sciences (Related to Sexual Harassment Allegations) Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/professors-theylied-defamation-case-against-national-academy-of-sciences-related-to-sexual-harassment-allegations-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383425</id>
		<updated>2026-05-22T22:56:05Z</updated>
		<published>2026-05-22T22:56:05Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[From today's D.C. Circuit decision in Butters v. Nat'l Acad. of Sciences, by Judge Douglas Ginsburg, joined by Judges Karen&#8230;
The post Professor&#039;s #TheyLied Defamation Case Against National Academy of Sciences (Related to Sexual Harassment Allegations) Can Go Forward appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/professors-theylied-defamation-case-against-national-academy-of-sciences-related-to-sexual-harassment-allegations-can-go-forward/">
			<![CDATA[<p>From today's D.C. Circuit decision in <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/05/24-7068-2174597.pdf"><em>Butters v. Nat'l Acad. of Sciences</em></a>, by Judge Douglas Ginsburg, joined by Judges Karen LeCraft Henderson and Florence Pan:</p>
<blockquote><p>This consolidated appeal involves claims of defamation, defamation by implication, and false light invasion of privacy relating to the rescission of Luis Jaime Castillo Butters's membership in the National Academy of Sciences. Castillo brought these claims against the NAS and its president, Marcia McNutt, after they made statements concerning Castillo's ouster&hellip;.</p>
<p>Castillo is a professor of archaeology at the Pontifical Catholic University of Peru. The NAS, a "private, nonprofit organization of the United States' leading researchers," elected Castillo to be an international member in 2012. In the Spring of 2021, a former student of Castillo's filed a complaint with the NAS. She publicly accused Castillo of sexual harassment in Peru and asked the NAS to expel him.</p>
<p>The NAS rescinded Castillo's membership on October 9, 2021. On the 13th, President McNutt informed NAS members by email that Castillo's membership had been rescinded for a Code of Conduct violation. That email mentioned a password-protected website with further information for NAS members. On October 15, the NAS made the news of Castillo's ouster publicly available on the organization's website: "Luis Jaime Castillo Butters; NAS Code of Conduct violation, Section 4; membership rescinded." Section 4 not only requires members to treat others with respect and collegiality but also broadly prohibits all forms of discrimination, harassment, and bullying.</p></blockquote>
<p>The court concluded that Castillo had adequately alleged that these statements were false and had a defamatory meaning:</p>
<p><span id="more-8383425"></span></p>
<blockquote><p>In the [district] court's view, Castillo's allegation that he did not violate the Code of Conduct was insufficient. Instead, Castillo needed to allege that the defendants rescinded Castillo's membership for a reason unrelated to a Code of Conduct violation.</p>
<blockquote><p>[T]he issue of falsity relates to the <em>defamatory</em> facts implied by a statement. For instance, the statement, "I think Jones lied," may be provable as false on two levels. First, that the speaker really did not think Jones had lied but said it anyway, and second that Jones really had not lied. It is, of course, the second level of falsity which would ordinarily serve as the basis for a defamation action, though falsity at the first level may serve to establish malice where that is required for recovery.</p></blockquote>
<p>The district court considered only the first level, that is whether Castillo claimed the proffered reason for Castillo's membership rescission was false, which he did not. At the underlying second level, however, the question is whether Castillo violated the Code of Conduct. Because Castillo denied that he violated the Code of Conduct, he has effectively as well as expressly alleged that both the October 13 and October 15 statements were false&hellip;.</p>
<p>[Moreover, a]fter summarizing a D.C. Court of Appeals decision that a certain statement was capable of a defamatory meaning, the district court then wrote: "Here, by contrast, Defendants stated only that they rescinded Plaintiff's membership because he violated the Code of Conduct, which could have meant anything from harassment to bullying to discrimination to treating others with disrespect."</p>
<p>To the extent the district court held the October 13 and the October 15 statements are not capable of a defamatory meaning, we disagree. The October 15 statement that Castillo violated Section 4 of the Code of Conduct is capable of a defamatory meaning because Section 4 proscribes odious conduct, to wit, sexual harassment. That Section 4 encompasses some less serious conduct—such as "treating others with disrespect"—does not defeat the commonsense conclusion that the statement could be "reasonably understood in [a] defamatory sense," The October 13 statement may not have specified which section of the Code of Conduct Castillo supposedly violated, but considering that other sections of the Code likewise proscribe serious forms of ethical or scientific misconduct, that distinction is inconsequential. Moreover, members of the scientific community both inside and outside of the NAS would also likely understand that the NAS would not expel a member absent a serious transgression of the Code of Conduct&hellip;.</p>
<p>The parties briefed whether Castillo adequately alleged the defendants were negligent in publishing the allegedly defamatory statements [which is another necessary element of a defamation claim under D.C. law]. We do not reach this issue because the district court did not pass upon it. On remand, the district court should determine in the first instance whether Castillo alleged facts that plausibly suggest negligence.</p></blockquote>
<p>But Judge Ginsburg, joined by Judge Pan, concluded that Butters hadn't adequately alleged defamation by implication as to McNutt's comments</p>
<blockquote><p>[On October 15], <em>ScienceInsider</em> published a story about the revocation of Castillo's NAS membership under the subheading: "Sexual harassment investigation triggered ejection of Luis Jaime Castillo Butters." It further said this was the "third time in 5 months that the prestigious academy has ejected a member for sexual harassment." McNutt, presumably contacted by <em>ScienceInsider</em> to provide a comment, was quoted as saying NAS "members need to be role models not only in what they have achieved, but also in setting the highest standards for professional conduct." &hellip;</p>
<p>Defamation by implication is "an area fraught with subtle complexities." Courts have required "an especially rigorous showing where the expressed facts are literally true." This court has summarized the analysis as follows:</p>
<blockquote><p>[I]f a communication, viewed in its entire context, merely conveys materially true facts from which a defamatory inference can reasonably be drawn, the libel is not established. But if the communication, by the particular manner or language in which the true facts are conveyed, supplies additional, affirmative evidence suggesting that the defendant intends or endorses the defamatory inference, the communication will be deemed capable of bearing that meaning.</p></blockquote>
<p>For example, an article that includes "suggestive juxtapositions, turns of phrase, or incendiary headlines" may indicate the author intended or endorsed a defamatory meaning&hellip;.</p>
<p>[McNutt's "need to be role models"] statement alone provides no indication that McNutt intended or endorsed a defamatory implication. As the defendants argue, any possible defamatory inference necessarily arises from other parts of the <em>ScienceInsider</em> article, for which neither the NAS nor McNutt is responsible.</p>
<p>Castillo's claim of defamation by implication also lacks any supporting factual allegations about "the particular manner &hellip; in which the true facts [were] conveyed." The allegation that "McNutt encouraged and fueled the production of the article by providing the statements quoted" is conclusory; the allegation that the NAS and McNutt failed to "correct the implication that [they] indeed revoked Castillo's membership due to sexual harassment" charges is a negative inference, not affirmative evidence that they intended or endorsed a defamatory inference. In sum, the Second Amended Complaint contains no allegation that, when viewed most favorably to Castillo, renders plausible his claim of defamation by implication.</p></blockquote>
<p>Judge Henderson dissented as to the McNutt statement in the <em>ScienceInsider </em>article:</p>
<blockquote><p>The majority concludes that none of "the content of the [<em>ScienceInsider</em>] article beyond the [defendants'] statements" is relevant because the article was written by a third party. But the defamatory content of a third-party news article is absolutely relevant in an implied defamation case to the extent the defendant "impliedly adopt[s]" the "stigmatizing allegations contained in [the] news[ ] article." &hellip;</p>
<p>As for the article, <em>ScienceInsider</em> published its piece the same day that NAS publicly announced it had expelled Castillo for violating Section 4 of its Code of Conduct that prohibits, among other things, sexual harassment. The <em>ScienceInsider</em> article recounted at length the sexual harassment allegations lodged against Castillo by his former student, Marcela Poirier, the complaint Poirier lodged with NAS and the subsequent "[s]exual harassment investigation [that] triggered [Castillo's] ejection" from NAS. The article stated that Castillo's ouster from NAS "mark[ed] the third time in 5 months that the prestigious academy has ejected a member for sexual harassment."</p>
<p>"The ejection," the article continued, "was confirmed by [an] NAS spokesperson." And after summarizing the earlier sexual harassment cases—one involving an astronomer and the other an evolutionary biologist—the article quoted McNutt with the following statement: "NAS President Marcia McNutt says the removals should convey that '[NAS] members need to be role models not only in what they have achieved, but also in setting the highest standards for professional conduct.'" &hellip;</p>
<p>The majority does not dispute that the <em>ScienceInsider</em> article was "capable of defamatory meaning." "Its very title indicated" that NAS revoked Castillo's membership "because of sexual misconduct." <em>S</em><em>ee</em> J.A. 57 ("Leading Peruvian archaeologist ousted by U.S. Academy of Sciences[:] Sexual harassment investigation triggered ejection of Luis Jaime Castillo Butters."). And the body of the article made the connection explicit: Castillo's "ouster &hellip; marks the third time in 5 months that the [NAS] has ejected a member <em>for sexual harassment</em>."</p>
<p>The sole question, then, is whether it is plausible at this stage to conclude that NAS's and McNutt's statements in the article "intend[ed] or endorse[d]" that defamatory inference. With no difficulty, I conclude that it is&hellip;.</p></blockquote>
<p>For more on this dispute between the majority and the dissent (and on other matters), read the <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/05/24-7068-2174597.pdf">whole opinion</a>.</p>
<p>Milton Johns represents Butters. Thanks to Andy Patterson for the pointer.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/professors-theylied-defamation-case-against-national-academy-of-sciences-related-to-sexual-harassment-allegations-can-go-forward/">Professor&#039;s #TheyLied Defamation Case Against National Academy of Sciences (Related to Sexual Harassment Allegations) Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Steven Calabresi</name>
							<uri>https://reason.com/people/steven-calabresi/</uri>
					</author>
					<title type="html"><![CDATA[
				President Trump Doesn't Need Congressional Approval for His Actions as to Iran			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/president-trump-doesnt-need-congressional-approval-for-his-actions-as-to-iran/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383414</id>
		<updated>2026-05-22T23:16:35Z</updated>
		<published>2026-05-22T21:39:29Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="War Powers" />		<summary type="html"><![CDATA[Congress can only stop Trump’s actions in Iran by passing a concurrent resolution of both Houses over Trump’s veto, or by declining to fund the war in next year’s budget.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/president-trump-doesnt-need-congressional-approval-for-his-actions-as-to-iran/">
			<![CDATA[<p>President Donald Trump is taking a lot of heat for the military operations he launched unilaterally as Commander in Chief of the U.S. armed forces against the Iranian pirates/terrorists: (1) striking Iran militarily, (2) closing the Strait of Hormuz to Iranian oil exports, and (3) aiming (I expect successfully) to force Iran into capitulation. In fact, what President Trump is doing today with Iran is nothing more than a long overdue exercise of U.S. military power, of the sort that Presidents Thomas Jefferson and James Madison engaged in, without congressional approval, against the Barbary Pirates from 1801 to 1815.</p>
<p>The Barbary pirates were an early 19th century analog of the modern-day Iranian terrorist regime. They preyed on American and European trading ships and enslaved their crews. It is estimated that over 1 million American and European sailors were sold into slavery by the Barbary pirates during the centuries in which they preyed on American and European shipping. Robert Davis, <em>British Slaves on the Barbary Coast</em>, BBC (February 17, 2011). The Barbary pirates sailed out of Libya and North Africa generally until France conquered Algeria in 1830.</p>
<p>Congress never declared war against the Barbary pirates, but Presidents Jefferson and Madison rightly used their executive Commander-in-Chief powers unilaterally to cause American ships and marines to subdue them with the use of U.S. armed force. This defeated the Barbary pirates, and the Framing generation, which was still mostly alive from 1801 to 1815, acquiesced in the constitutionality of this unilateral presidential use of military force. The United States has fought only five declared wars in our history since 1789—the War of 1812, the Mexican American War, the Spanish-American War, World War I, and World War II. But U.S. Presidents, acting as Commanders in Chief, have unilaterally deployed our armed forces many other times.</p>
<p>Presidents have deployed the U.S. military without congressional permission on at least 125 occasions like the one that subdued the Barbary Pirates (1801-1815). Some of those engagements have been quite bloody such as the Korean War (33,700 deaths in battle), the Vietnam War, for which congressional authorization was withdrawn from 1971 to 1975 (3,246 deaths in battle), and the overthrowing of Libyan dictator Muammar Gaddafi by President Obama, in 2011 (4 deaths including of a U.S. Ambassador). These engagements were not authorized but were paid for by Congress. John C. Yoo &amp; Robert J. Delahunty, <a href="https://download.ssrn.com/0209/ssrn_id331202_code020916630.pdf?response-content-disposition=inline&amp;X-Amz-Security-Token=IQoJb3JpZ2luX2VjEEYaCXVzLWVhc3QtMSJHMEUCIFR60svmLg86nHyAikS9gjuXCYTh8L0gx5DMu%2F4q9pJAAiEA2eYOClFcc2dV9%2FJfwERRLwp9a9kqamZGGPfF9UTXon8qvAUIDhAEGgwzMDg0NzUzMDEyNTciDK36qghaJBJH2F3YxiqZBQSk3ixMc4XuMJNgZWclgjq0LwX32g6zo68Vad71hMETppYFHAaEO0SDKZlgKoV8kwduWCakiGiG52r6lwbB%2F%2F7XHLHx2iUo8OokjSvyj1qwwqmcoIG4xWaK2TdvJP25QzVAvv5ZrvWy7kQzK%2BPSzZflujNos2ilfeqctYfy38OLl%2FmU93xtBgwRt0lJiydsKC1bk3M3i12AWo5riTQ7oqVYwKLk%2FX3Ry%2BqjQ4Pe7Qo2P%2FQ8YnuPI%2BnX9ZMF7KkDErEAbcUomKwwsax1rqCIkIbuDI2tBhotbPcuuTWyJnmcIT%2Blhr6ioFkpqgkBMO9Jza41VrD6796BXpjxx2zX2l%2FQjvNYWWT4hcDnb6d8%2F92k5IC1RaZJO4s%2BydE%2FSsWRQai%2FwuqhdY0zERKcOBAkuW7BAS2a3TAcx9lm9QVAK1u22%2F8iYv4BpeNwQB5plDUU6UNceKvKz%2FRyDS7n8Mh5kcBSC4HGc9PGE1xbxiPLBbRTTfjtJ6841MppOBuASn7GWKjQBXYKbLRFA73P1N3xYq2qv2NEs7ENMGeUWYW0anm3VkLLkikli%2F9DMSkoukt%2F%2FEmze8sY5H4ndJB%2By2a0njdpQWR32dGBEHg0Vdf%2FmqyuSp2SAdmUz5J9QKW9pSRrAr60vtnsfnosIUvP7AYuAWjbOkB3d2dRb%2B%2B%2BbVoew4YQSX6JpJoPfe8nxtX4oqbYE2ICDFHQCIKbdV5Cn48CVyFsRaCgD6ErLdWs6Wl9vg%2Ba%2FWs65GUnMfMp034lXdjWbD0help0q9dRDSVN64lbDMkziVJarKDjmkZjMUdaKrG%2FwdVCJKDal4k5RJrLjBuZC6Pf9sA1BpqU%2B9kPOJ8FEL7JpozkjFsPQaOuxbfRYEvRKEbi5z9LpVLbMLztvdAGOrEBm8rg2YE5YCvFuPCgFEQxRr51av6gD2fnBGM%2B8C%2BubLR1xNbzDTpL8rQxJ%2BE7VSCqJgZ1BLZvX5OQNTm4ZKFXDiU63CcyNdkGQ1bJGqDqz5u3BjyFH9zwsnUpqoLYq3hPxSVhkaeczZvT03dZbkDQdRPXuSqEQh%2BAjzb0P3WeTCeF2qfthvlpuezIl7yEVa1fprK%2BH5hAuUPwFlG6idIj1Nakj8Hm%2FjIYPkYdFnyVtGCi&amp;X-Amz-Algorithm=AWS4-HMAC-SHA256&amp;X-Amz-Date=20260521T221648Z&amp;X-Amz-SignedHeaders=host&amp;X-Amz-Expires=300&amp;X-Amz-Credential=ASIAUPUUPRWE4LPL6DJW%2F20260521%2Fus-east-1%2Fs3%2Faws4_request&amp;X-Amz-Signature=3e51525089a7252205c19616369858eaa6382047b7dc0efd741fc687ecc738e1&amp;abstractId=331202"><em>The President's Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations that Harbor or Support Them</em></a>. In addition, the U.S. has fought four undeclared wars with congressional authorization in my lifetime: the Vietnam War (1964-1971), the Gulf War (1991), the Afghan War (2001-2021), and the Iraq War (2003-2011). The gloss of history on the constitutional text supports everything that President Trump is now doing.</p>
<p>It is settled constitutional law after 237 years of practice that presidents have the power to use the U.S. military without Congress's permission to subdue pirates, and terrorists, like the now dead Ayatollah Ali Khamenei who was quite simply a modern-day pirate. Iran has been a huge problem for the U.S. since its Islamic Revolution in 1979.</p>
<p>Iran captured and held hostage the U.S. Ambassador to Tehran and more than 50 American embassy personnel from November 1979 to January 20, 1981. It killed 241 U.S. Marines with a terrorist attack on a U.S. military base in Lebanon on October 23, 1983. And for the last half-century, Iran has funded a host of Islamic terrorist organizations throughout the Middle East including Hezbollah (in Lebanon), Hamas (in the Gaza Strip), and the Houthis (in Yemen), all of which have attacked Israel and Saudi Arabia, who are American allies, as well as attacking U.S. military personnel in the Middle East.</p>
<p><span id="more-8383414"></span></p>
<p>The Ayatollah Khamenei appeared to be planning to destroy Israel with a nuclear weapon, and Iran has been developing ballistic missiles that could hit Europe today and eventually, perhaps, the United States. The Ayatollah Khamenei routinely led crowds that denounced America as the "Great Satan" and led chants of "Death to America." Continuing to kick the can of dealing with Iran down the road as a problem was unwise behavior on the parts of the second President Bush, President Obama, and President Biden.</p>
<p>President Trump is the first President since 1979 who has had the guts to stop Iranian terrorism, which is a modern-day form of piracy in the Strait of Hormuz, a critical chokepoint in the global oil supply. He should be loudly praised for doing so. The American blockade on Iranian oil exports is likely to eventually cause Iran to surrender unconditionally, which will cause the much-needed end of Iran's nuclear program and its efforts to charge tolls for ships passing in international waters off the Strait of Hormuz (something Iran of course has no right to do). China's Xi Jinping <a href="https://www.whitehouse.gov/fact-sheets/2026/05/fact-sheet-president-donald-j-trump-secures-historic-deals-with-china-delivering-for-american-workers-farmers-and-industry/">agreed</a> at the just-concluded summit with President Trump that (1) Iran could not be trusted to have nuclear weapons, (2) Iran cannot charge tolls on ships passing through the Strait of Hormuz, and (3) Iran should immediately end its blockade of shipping in the Strait of Hormuz. The two most powerful militaries on earth are in complete agreement here.</p>
<p>When regime change happens in Iran, as I expect it will if the U.S. persists, the U.S. can help Iran to pump much more oil and natural gas, as the U.S. is now trying to do in Venezuela having seized former Venezuelan President, Nicholas Maduro. And when that happens oil prices will likely tumble to $40 a barrel or so, which may cause Vladimir Putin's vicious and corrupt regime to end in Russia, thus ending the Ukrainian War on terms favorable to Ukraine. Americans need to be patient and to give the blockade time to work. Iran cannot live without 90% of its budget, which comes from oil and gas sales in the long run.</p>
<p>The Constitution says that the executive power shall be vested solely in the President, as is the Commander-in-Chief power. From President George Washington's use of the army to put down the Whiskey Rebellion, to President Jefferson's and Madison's use of the navy and marines to put down the Barbary Pirates, to President Abraham Lincoln's use of the army and navy to win the Civil War, to President Harry Truman's use of the U.S. military to win the Korean War, to President Barack Obama's use of our air force to overthrow the terrorist regime of Muhammar Gaddafi in Libya, we Americans have from the outset construed presidential war powers to generally allow the President to take military action without prior congressional approval to put down terrorist threats or threats from pirates.</p>
<p>Congress's powers to (1) declare war and (2) grant letters of marque and reprisal are powers to trigger the international treaty obligations of our allies as a matter of international law, and to grant privateers the power to seize enemy ships as prizes. They do not block the President from commanding armed forces to engage in the behavior discussed above. It would be unconstitutional for one or both of Houses of Congress to pass an Act to stop the Iran hostilities, given that the President alone has the executive power, which includes the Commander-in-Chief power. For more on the constitutional arguments in this <u>p</u>ost, see Robert Delahunty &amp; John Yoo, <a href="https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3079&amp;context=clr"><em>Making War</em></a>, 93 Cornell Law Review 123 (2007), as well as their other writings on presidential war power.</p>
<p>Congress could, of course, constitutionally stop what President Trump is doing by cutting off funding for military actions related to Iran. But, for the practical reasons given above, this would be a foolish thing for Congress to do. Yes, domestic gas prices are temporarily high right now. But if President Trump sticks with the blockade, we will likely get regime change in Iran, and much lower oil and gas prices very quickly for the foreseeable future. Still, Congressional restriction of funding, unwise as it may be, would at least be within Congress's powers; a Congressional Act purporting to order the President to stop hostilities or to prematurely end the blockade would be outside Congress's powers. And it would wrongly end an important struggle with a group of pirates and thugs who do not have the support of the Iranian people.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/president-trump-doesnt-need-congressional-approval-for-his-actions-as-to-iran/">President Trump Doesn&#039;t Need Congressional Approval for His Actions as to Iran</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/a-swat-team-destroyed-an-innocent-womans-home-shes-been-waiting-6-years-for-justice/" />
		<id>https://reason.com/?p=8383399</id>
		<updated>2026-05-22T22:17:07Z</updated>
		<published>2026-05-22T21:17:30Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="SWAT" /><category scheme="https://reason.com/latest/" term="Takings" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Fifth Amendment" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.]]></summary>
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		<p><span style="font-weight: 400;">How long should it take an innocent person to get confirmation that they will be compensated after the government destroys their home? <em>Should</em>, of course, is subjective. Some such victims will never get that confirmation.</span></p>
<p><span style="font-weight: 400;">For Vicki Baker, it <a href="https://ij.org/wp-content/uploads/2026/05/Baker-II-Op.pdf">came</a> today from the U.S. Court of Appeals for the 5th Circuit, almost six years after her house in McKinney, Texas, was destroyed by a SWAT team in pursuit of a fugitive who had barricaded himself inside.</span></p>
<p><span style="font-weight: 400;">The scene that followed was chaotic. As I <a href="https://reason.com/2021/03/05/swat-team-destroyed-innocent-womans-house-while-chasing-fugitive-city-refuses-to-pay-fifth-amendment/">wrote</a> in 2021:</span></p>
<blockquote><p><span style="font-weight: 400;">Prior to the SWAT showdown, Baker's daughter, Deanna Cook, gave officers a key to the home, as well as a garage door opener and the back gate code. Agents took a different route. They smashed six windows. Instead of using the code, they maneuvered a BearCat armored vehicle through her fencing. Instead of using the clicker, they detonated explosives to blow off the garage entryway. And instead of using the key, they drove right on through her front door.</span></p></blockquote>
<p><span style="font-weight: 400;">Baker's insurance declined to cover the damage, as it was caused by the government—a common stipulation. But the government countered that it was not responsible either, as she did not meet its definition of a victim. "I've lost everything," Baker <a href="https://reason.com/2021/03/05/swat-team-destroyed-innocent-womans-house-while-chasing-fugitive-city-refuses-to-pay-fifth-amendment/">told</a> me over five years ago. "I've lost my chance to sell my house. I've lost my chance to retire without fear of how I'm going to make my regular bills."</span></p>
<p><span style="font-weight: 400;">The legal argument the government relied on is a surprisingly common one. The Takings Clause of the Fifth Amendment promises "just compensation" when private property is usurped for public use. Community safety is, after all, a public benefit, which is typically shouldered not by the individual but by the whole. To evade paying out such claims, however, some municipalities have said that constitutional pledge is not absolute, particularly as it relates to property that is destroyed in the exercise of police powers.</span></p>
<p><span style="font-weight: 400;">Many innocent property owners have <a href="https://reason.com/2025/12/29/innocent-man-sues-for-over-60000-after-police-blew-up-his-business-a-court-says-hes-entitled-to-nothing/">failed</a> to <a href="https://reason.com/2025/10/10/this-indiana-city-doesnt-have-to-pay-an-innocent-mom-16000-after-police-wrecked-her-home-court-rules/">overcome</a> that <a href="https://reason.com/2020/06/29/swat-team-police-leo-lech-supreme-court-5th-amendment/">in court</a>. Baker, meanwhile, was able to rack up a rare win—if you can call it that?—after completing what can be accurately described as a federal courts–themed game of human pinball.</span></p>
<p><span style="font-weight: 400;">What exactly did Baker's game—er, legal experience—look like? Her home was left in ruins in July 2020. After the government refused to pay her, she <a href="https://reason.com/2021/03/05/swat-team-destroyed-innocent-womans-house-while-chasing-fugitive-city-refuses-to-pay-fifth-amendment/">filed suit</a> in March 2021. The city tried to stop her from suing; a federal judge <a href="https://reason.com/2021/11/29/swat-team-blew-up-innocent-womans-house-cost-her-50000-mckinney-texas-police/">declined</a> to dismiss. In 2022, a jury <a href="https://reason.com/2022/06/29/this-innocent-womans-house-was-destroyed-by-a-swat-team-a-jury-says-shes-owed-60000/">awarded</a> her about $60,000 in what seemed like a major victory. Yet in 2023, the 5th Circuit <a href="https://reason.com/2023/12/20/this-innocent-woman-is-on-the-hook-for-thousands-after-a-swat-team-destroyed-her-home/">reversed</a>, ruling her claim was doomed because police acted by "necessity during an active emergency." In 2024, the Supreme Court <a href="https://reason.com/2024/12/23/a-swat-team-destroyed-an-innocent-womans-house-the-supreme-court-wont-hear-her-case/">rejected</a> her appeal. Last year, the U.S. District Court for the Eastern District of Texas <a href="https://reason.com/2025/06/06/police-blew-up-this-innocent-womans-house-and-left-her-with-the-bill-a-judge-says-shes-owed-60000/">affirmed</a> she could recover damages—$60,000 plus interest—under the Texas Constitution as opposed to the U.S. Constitution. The government naturally appealed, which brings us to 2026.</span></p>
<p><span style="font-weight: 400;">So Baker, who is in her 80s, will finally get her payout. She is more fortunate in that way than several others. Yet one wonders how much money local officials spent fighting this lawsuit instead of paying the judgment that was handed down almost four years ago.</span></p>
<p>The post <a href="https://reason.com/2026/05/22/a-swat-team-destroyed-an-innocent-womans-home-shes-been-waiting-6-years-for-justice/">A SWAT Team Destroyed an Innocent Woman&#039;s Home. She&#039;s Been Waiting 6 Years for Justice.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Adani Samat. Photo: Institute For Justice]]></media:credit>
		<media:description type="html"><![CDATA[Vicki Baker is seen in front of her destroyed Texas house]]></media:description>
		<media:caption><![CDATA[Vicki Baker is seen in front of her Texas house after it was destroyed in 2020]]></media:caption>
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		<media:title><![CDATA[vicki-baker-swat-5th-circuit]]></media:title>
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	</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[
				A Florida Detention Center Was the Harshest in the Country. Then ICE Stopped Tracking Details on Use of Force.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/a-florida-detention-center-was-the-harshest-in-the-country-then-ice-stopped-tracking-details-on-use-of-force/" />
		<id>https://reason.com/?p=8383368</id>
		<updated>2026-05-22T20:10:15Z</updated>
		<published>2026-05-22T20:10:15Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Biden Administration" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="Government abuse" /><category scheme="https://reason.com/latest/" term="Government secrecy" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Leaked reports showed troubling uses of force and restraint chairs at the Krome North Service Processing Center—until the details disappeared.]]></summary>
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		<p>A South Florida immigrant detention center that's been the subject of numerous allegations of poor conditions and abuse was the national leader in using physical force against detainees, according to leaked incident reports.</p>
<p>Use-of-force <a href="https://github.com/wpinvestigative/ice-reports">data</a> published by <em>The</em> <em>Washington Post</em> in conjunction with a <a href="https://www.washingtonpost.com/business/2026/05/04/ice-detention-centers-force">May 4 story</a> show that staff at the <span class="svelte-1fz0gqk">Krome North Service Processing Center</span>, an Immigration and Customs Enforcement (ICE) detention center on the western edge of Miami-Dade County, reported more uses of physical force against immigrant detainees than any other detention center over a two-year period.</p>
<p>The<em> Post</em> culled the data from hundreds of internal ICE emails, called the "Daily Detainee Assault Report," which summarizes incidents of physical force against detainees. The reports covered 98 ICE detention facilities from January 2024 to February 2026, covering the last year of the Biden administration and the first year of President Donald Trump's second term in office.</p>
<p>The data show that Krome reported 176 uses of force over 26 months, accounting for 12 percent of all 1,460 documented use-of-force incidents captured in the data. Reported use of force at Krome appeared to have decreased between the last year of the Biden administration and the first year of Trump's second term, dropping from 109 reports to 62.</p>
<p>However, that drop coincides with a nationwide documentation collapse that occurred several months after Trump took office. Biden-era reports often contained short narratives of the incidents, including the circumstances and types of force used, but those narratives largely disappear from ICE reports in 2025, replaced by boilerplate language.</p>
<p>Detainee injuries are still reported, but not their exact cause. For example, a September 2025 report notes that a Bahamian detainee at Krome "sustained several contusions and a lacerated lip," but all other details are omitted.</p>
<p>Katie Blankenship, an attorney at Sanctuary of the South, an immigrant legal aid organization that is involved in several lawsuits challenging conditions at South Florida immigration detention centers, is not surprised by the numbers.</p>
<p>Blankenship says Krome is the largest ICE facility in the region. The data also don't cover county jails and other holding facilities that aren't subject to the same reporting standards.</p>
<p>"Lack of transparency is the norm," Blankenship says. "Are these numbers troubling? Absolutely, because just what they self-report is terrifying, so imagine what's actually happening."</p>
<p>Krome was also a significant outlier in its use of four-point restraint chairs, one of the most extreme methods of restraining someone.</p>
<p>During the Biden administration, 23 incident reports from Krome mention the use of four-point restraint chairs. There are only 38 restraint-chair uses total in the dataset, meaning that Krome accounts for 61 percent of all documented uses of restraint chairs during the two-year period. The Trump-era reports never mention restraint chairs, although that is probably due to the previously mentioned switch to boilerplate language.</p>
<p>"I don't know why this is, but for some reason Krome has been using these four-point restraint chairs for years," Blankenship says. She says she had a client at Krome during the Biden administration "who suffered basically complete nerve damage from the restraints on this chair."</p>
<p>"It's not typically used as restraint," Blankenship says. "It's used as corporal punishment, which is forbidden in civil detention. They shouldn't be doing that at all."</p>
<p>In one 2024 incident included in the data, a wheelchair-bound detainee in Krome's medical unit was placed in restraints after becoming agitated: "While being transported in a wheelchair, the detainee resisted [Krome] staff, refused&hellip;instructions, became aggressive, and attempted to eject himself from the wheelchair, prompting them to use a calculated use of force to put him in a four-point restraint chair and spit mask."</p>
<p>Krome has been the subject of numerous reports by civil rights groups and news outlets. A report published last July by Human Rights Watch, Americans for Immigrant Justice, and Sanctuary of the South, <a href="https://reason.com/2025/07/21/report-alleges-degrading-treatment-and-medical-neglect-at-south-florida-ice-detention-centers/">found</a> that staff at Krome and two other South Florida immigrant detention centers "subjected detained individuals to dangerously substandard medical care, overcrowding, abusive treatment, and restrictions on access to legal and psychosocial support."</p>
<p>The report echoed multiple news stories that similarly documented allegations of <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">overcrowding</a>, <a href="https://www.wptv.com/news/state/miami-dade/detainees-detail-hellish-overcrowded-conditions-at-krome-detention-center-in-miami">filth</a>, and <a href="https://www.miamiherald.com/news/local/immigration/article302968939.html">negligence</a> at the Krome detention center.</p>
<p>As the number of people in federal immigration detention has swelled due to the Trump administration's mass deportation campaign, deaths in ICE custody have reached an <a href="https://reason.com/2026/04/06/a-deadly-immigration-crackdown/" data-mrf-link="https://reason.com/2026/04/06/a-deadly-immigration-crackdown/">all-time high</a>, and allegations of <a href="https://reason.com/2025/07/21/report-alleges-degrading-treatment-and-medical-neglect-at-south-florida-ice-detention-centers/" data-mrf-link="https://reason.com/2025/07/21/report-alleges-degrading-treatment-and-medical-neglect-at-south-florida-ice-detention-centers/">abuse and neglect</a> <a href="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/" data-mrf-link="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/">continue to pour</a> out of federal detention centers.</p>
<p>"You're just seeing this level of apathy and cruelty that's literally killing people," Blankenship says.</p>
<p>The Department of Homeland Security did not immediately respond to a request for comment.</p>
<p>The post <a href="https://reason.com/2026/05/22/a-florida-detention-center-was-the-harshest-in-the-country-then-ice-stopped-tracking-details-on-use-of-force/">A Florida Detention Center Was the Harshest in the Country. Then ICE Stopped Tracking Details on Use of Force.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Dave Decker/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[detention officers]]></media:description>
		<media:title><![CDATA[detention-vests]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/detention-vests-1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>John Ross</name>
							<uri>https://reason.com/people/john-k-ross/</uri>
						<email>jross@ij.org</email>
					</author>
					<title type="html"><![CDATA[
				Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-60/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383330</id>
		<updated>2026-05-22T17:25:41Z</updated>
		<published>2026-05-22T19:30:18Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[SWAT damage, sloppy briefs, and forced confessions. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-60/">
			<![CDATA[<p>Please enjoy the latest edition of <a href="http://ij.org/about-us/shortcircuit/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://ij.org/about-us/shortcircuit/&amp;source=gmail&amp;ust=1535766719490000&amp;usg=AFQjCNEM-nqsD8DW67r50PJye6ZvnENsIg" data-mrf-link="http://ij.org/about-us/shortcircuit/">Short Circuit</a>, a weekly feature written by a bunch of people at the Institute for Justice.</p>
<p>New case! Pennsylvania requires real estate brokers to maintain a physical office space even if they don't need one and never use it. Indeed, IJ client Kevin Gaughen's office has been visited more often by state inspectors—who ensure there is a conference table, a landline phone, a filing cabinet, and an outdoor sign—than by actual clients. The rule chiefly serves to impose unnecessary costs that are harder for small brokers to absorb than big firms. So this week Kevin teamed up with IJ to challenge the rule under the Pennsylvania Constitution, which protects the right to earn an honest living free of unreasonable regulations. <a href="https://ij.org/case/pennsylvania-real-estate-office-requirement/">Click here</a> to learn more.</p>
<p>New on the <a href="https://ij.org/podcasts/short-circuit/short-circuit-429-a-fifth-of-circuit/">Short Circuit podcast</a>: We take a long drink from the Fifth Circuit's waters. Including those of the Panama Canal.</p>
<ol>
<li>In 2022, New York passes the Concealed Carry Improvement Act, banning the possession of firearms (1) on private property where the owner has not given express consent to the carrying of firearms, and (2) in public parks. Gun-rights advocates sue. <a href="https://ww3.ca2.uscourts.gov/decisions/OPN/24-2847;%2025-384_complete_opn.pdf">Second Circuit</a>: The private property restriction violates the Second Amendment, but there's enough of a historical basis to uphold the restriction in public parks. Dissent: No there isn't.</li>
<li>Maryland prohibits renewable energy suppliers from advertising "green power" unless the electricity is at least 51% renewable or backed by renewable energy credits from within a specific geographic region. As a result, an energy company whose electricity is fully backed by renewable energy credits from outside that region cannot advertise its electricity as "green." Energy companies seek a preliminary injunction. <a href="https://www.ca4.uscourts.gov/opinions/251012.P.pdf">Fourth Circuit</a>: Granted. None of the regulated terms are inherently misleading, nor has the state shown the law will clear up consumer confusion.<span id="more-8383330"></span></li>
<li>Over 100 W. Va. local gov'ts sue Express Scripts for a boatload of cash over its part in furthering opioid addiction. They want to create a fund that would then spend money on Good Things. Express Scripts: We get a jury trial! District court: No. <a href="https://www.ca4.uscourts.gov/opinions/252281.P.pdf">Fourth Circuit</a>: On the first day of kindergarten law students learn that there is law and there is equity. The Seventh Amendment guarantees juries for the first but not the second. And asking for a boatload of cash is very much the first. Mandamused!</li>
<li>"Death and taxes," that's what they say, amirite? What they don't tell you is that taxes can follow you beyond the grave, or at least can follow your spouse. Learn from the <a href="https://www.ca4.uscourts.gov/opinions/242034.P.pdf">Fourth Circuit</a> about how a couple's taxes that were both underpaid and overpaid in the early 1980s led to decades of squabbles and litigation with the IRS—something to do with the IRS accidentally overpaying interest—and how the widow now claims it was her husband's fault anyway. Also, the IRS loses this round, so that's nice.</li>
<li>In 2020, a fugitive evades police officers from McKinney, Tex. in a high-speed chase, then breaks into Vicki Baker's home, where he barricades himself inside. A SWAT team tears the house apart—saturating it with noxious gas—in an effort to capture the fugitive (he commits suicide). The officers promise Ms. Baker that the city would compensate her, but the city refuses to pay. <a href="https://ij.org/wp-content/uploads/2026/05/Baker-II-Op.pdf">Fifth Circuit</a>: The Texas Constitution requires the city to pay the owner the $60k it cost her to repair the house and replace damaged items. (<a href="https://ij.org/press-release/appeals-court-upholds-ruling-that-city-must-compensate-innocent-woman-after-swat-team-destroyed-her-home/">This is an IJ case</a>. For a lovingly crafted podcast episode on what the federal Constitution requires, <a href="https://ij.org/podcasts/bound-by-oath/special-weapons-and-tactics-season-3-ep-10/">click here</a>.)</li>
<li>After learning that probationer has burglarized his ex's Beaumont, Tex. home and threatened to murder her, federal probation officer tells the ex that she is safe at home and that the officer will seek an arrest warrant immediately. Instead, the officer does nothing for two days, and the probationer returns and stabs the ex, leaving her a quadriplegic. <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-40576-CV0.pdf">Fifth Circuit</a>: When an officer decides on a proper course of action and then negligently fails to follow through, that is not the discretion excepted by the Federal Tort Claims Act's discretionary function exception. Case undismissed. To trial this must go.</li>
<li>We don't lightly use the f-word ("forum-shopping," obviously), but it is curious that Starbucks's challenge to NLRB rulings about two stores in upstate New York has landed in the <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-60649-CV0.pdf">Fifth Circuit</a>. One of the employees at issue used the <em>other </em>f-word quite liberally in sexist remarks about his co-workers, and the court thinks the NLRB should give that a closer look before concluding that firing said potty-mouth was a labor-law violation.</li>
<li>In which the <a href="https://www.ca5.uscourts.gov/opinions/unpub/24/24-60420.0.pdf">Fifth Circuit</a> (unpublished) holds that a statute commanding pipeline companies to establish a particular maximum operating pressure for their pipelines does not implicitly require the companies to maintain records proving that they've done so, especially when a totally different part of the statute governs what records they have to keep.</li>
<li>Look, we understand that judicial opinions have to focus on the dispositive facts in a case, but we still think the <a href="https://www.ca5.uscourts.gov/opinions/unpub/25/25-40247.0.pdf">Fifth Circuit</a> (unpublished) could have given us at least a little more about this DNA expert who "was impeached by her training in veterinary medicine, running of an unaccredited laboratory, and involvement 'in the DNA quest for Bigfoot.'"</li>
<li>Texas felon is convicted for possessing a firearm, challenges the conviction under the Second Amendment. <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-50564-CR0.pdf">Fifth Circuit</a> (per curiam): Easy-peasy affirmance under our precedent. Concurrence (Judge Ho): But categorical lifetime disarmament for all felonies is a problem. Concurrence (Judge Oldham): This is an easy-peasy affirmance, even though our precedent is egregiously wrong.</li>
<li>Man is convicted of burying three people alive. This despite the lack of <a href="https://theintercept.com/2026/05/20/tony-carruthers-execution-death-row-paid-informant/">any physical evidence</a> implicating him, and his conviction hinges on the since-recanted testimony of a snitch. He unwillingly and badly represented himself at trial, which the <a href="https://www.tncourts.gov/sites/default/files/OPINIONS/TSC/PDF/004/carrutherst.pdf">Tennessee Supreme Court</a> blessed on account of his forfeiting his right to counsel. The <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/18a0083p-06.pdf">Sixth Circuit</a> (2018) denied habeas relief, and the state set his execution for May 21, 2026. Before that happens, he wants fingerprints and DNA from the crime scene (which don't match him) to be tested against an alternative suspect, but the state courts refuse under Tennessee law. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0220n-06.pdf">Sixth Circuit</a> (2026): And those statutes are constitutional. (Ed. note: Officials <a href="https://courthousenews.com/supreme-court-wont-save-tennessee-man-from-execution/">called off</a> the execution after spending more than an hour trying to find a vein while he groaned in pain. The governor has since granted the man a one-year reprieve from execution.)</li>
<li><a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D05-15/C:25-2231:J:Hamilton:aut:T:fnOp:N:3542080:S:0">Seventh Circuit</a>: "We see [] sloppy work in briefs fairly often, and almost always let it pass without comment as we try to focus on the merits of appeals. But &hellip; "</li>
<li>Feds' letter to company: Your special brake-lights are illegal; tell us all your customers so we can inform them your product makes their cars inoperative, and we will fine you up to $26.3k per day if you don't comply. District court: That letter is rough, but it's not a "final" agency action you can challenge. <a href="https://ecf.ca8.uscourts.gov/opndir/26/05/242951P.pdf">Eighth Circuit</a> (over a dissent): Yes it is.</li>
<li>Indigent criminal defendants in Benton County, Ark., sue for an injunction requiring state-court judge to appoint them counsel before their bail hearings. <a href="https://ecf.ca8.uscourts.gov/opndir/26/05/242914P.pdf">Eighth Circuit</a>: But we have no reason to think you'll be arrested again in the future, much less brought before the same judge. No standing!</li>
<li>Black Hawk County, Iowa jail requires inmates to sign "confessions of judgment" upon their release, binding them to pay fees for booking, room, and board. Two former inmates sue, claiming that the coerced confessions of judgment violate the Due Process Clause. <a href="https://ecf.ca8.uscourts.gov/opndir/26/05/251475P.pdf">Eighth Circuit</a>: And contrary to the district court's view, they do indeed have standing, since they say the confession-of-judgment workaround short-circuited their right to process. (Without the confessions, the jail would actually have to litigate a reimbursement action against them.) Case undismissed.</li>
<li><a href="https://media.ca11.uscourts.gov/opinions/unpub/files/202411754.pdf">Eleventh Circuit</a> (unpublished): Alabama state law does not immunize police officers from suit for making bogus arrests or filing made-up charges <em>if</em> the officer was acting out of personal animus. So the case against this officer, who is alleged to have arrested and charged the plaintiffs for complaining about him, can proceed.</li>
<li>And in en banc news, the <a href="https://www.ca4.uscourts.gov/opinions/242079R1.U.pdf">Fourth Circuit</a> will reconsider <a href="https://www.ca4.uscourts.gov/opinions/242079.p.pdf">its decision</a> allowing the military not to enlist people with undetectable viral levels of HIV. (With modern medication, such people can take a daily pill and be otherwise healthy.) A prior Fourth Circuit decision had held that the military could not <em>discharge</em> such people because of their HIV status, and the two decisions are, in technical legal terms, conflict-y.</li>
<li>And in more en banc news, the <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0150p-06.pdf">Sixth Circuit</a> will not reconsider <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0052p-06.pdf">its decision</a> that the owner of an Ohio-based trucking company lacked standing to sue his insurance company over racial discrimination related to a small-business grant program open only to black-owned businesses. The panel held that the owner should have applied for the grant even after learning his company was ineligible for it. Dissental (Judge Thapar): "If a hungry black customer—ready and willing to purchase lunch—walks up to a restaurant with a sign reading 'Whites Only,' does he need to open the door, request a table, and get thrown out to be harmed?"</li>
</ol>
<p>New case! The federal gov't is demanding that IJ client Tuncay Saydam—an 88-year-old retired computer-science professor (and <a href="https://ij.org/wp-content/uploads/2026/05/US-v-Tuncay-Saydam-Opening-Brief.pdf#page=18">truly delightful human</a>)—pay $437,564 in penalties for unwittingly failing to file a short form identifying bank accounts he kept in his native Turkey. The feds say that not only are the penalties not "excessive," but they're not even "fines," meaning the Eighth Amendment's Excessive Fines Clause doesn't apply at all. Which is gale-force bananapants. <a href="https://ij.org/case/united-states-v-saydam/">Click here</a> to learn more.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-60/">Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal</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[
				Is the End of the Obesity Epidemic Near? People Lost Up to 85 Pounds Using New Weight Loss Drug			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/is-the-end-of-the-obesity-epidemic-near-people-lost-up-to-85-pounds-using-new-weight-loss-drug/" />
		<id>https://reason.com/?p=8383287</id>
		<updated>2026-05-23T12:32:36Z</updated>
		<published>2026-05-22T19:30:13Z</published>
			<category scheme="https://reason.com/latest/" term="Clinical trials" /><category scheme="https://reason.com/latest/" term="Drugs" /><category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Health Care" /><category scheme="https://reason.com/latest/" term="Pharmaceuticals" /><category scheme="https://reason.com/latest/" term="Fat" /><category scheme="https://reason.com/latest/" term="Innovation" /><category scheme="https://reason.com/latest/" term="Obesity" /><category scheme="https://reason.com/latest/" term="Robert Kennedy Jr." />		<summary type="html"><![CDATA[Eli Lilly's retatrutide is a significant advance on the promising results from drugs like Ozempic and Wegovy.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/is-the-end-of-the-obesity-epidemic-near-people-lost-up-to-85-pounds-using-new-weight-loss-drug/">
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		<p>Rumors about the astonishing weight loss potential of Eli Lilly's triple hormone drug retatrutide have been <a href="https://www.cnbc.com/2025/02/06/eli-lilly-to-release-weight-loss-drug-retatrutide-data-in-2025.html">circulating</a> for months. The results of its Phase 3 clinical trial, just <a href="https://www.prnewswire.com/news-releases/lillys-triple-agonist-retatrutide-delivered-powerful-weight-loss-in-pivotal-phase-3-obesity-trial-302778859.html">released</a> by the drugmaker, amply justify the buzz. The company reports that "participants on 12 mg retatrutide lost an average of 70.3 lbs (28.3%) over 80 weeks with 45.3% of participants achieving ≥30% weight loss, a level long associated with bariatric surgery."</p> <p>Retatrutide is the latest compound to emerge from the revolution in hormonal treatment begun with the <a href="https://pubmed.ncbi.nlm.nih.gov/29363040/">introduction</a> of semaglutides like Ozempic in 2018 to treat Type 2 diabetes. Rebranded as Wegovy, the compound was <a href="https://www.drugs.com/history/wegovy.html">approved</a> for weight loss in June 2021.</p> <p>Perhaps it's just a coincidence, but adult obesity <a href="https://news.gallup.com/poll/696599/obesity-rate-declining.aspx">peaked</a> at around the same time.</p> <figure class="aligncenter size-full wp-image-8383346"><img decoding="async" class="aligncenter size-full wp-image-8383346" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Screenshot-2026-05-22-at-1.59.35-PM.png" alt="" width="1242" height="876" data-credit="Gallup" srcset="https://reason.com/wp-content/uploads/2026/05/Screenshot-2026-05-22-at-1.59.35-PM.png 1242w, https://reason.com/wp-content/uploads/2026/05/Screenshot-2026-05-22-at-1.59.35-PM-300x212.png 300w, https://reason.com/wp-content/uploads/2026/05/Screenshot-2026-05-22-at-1.59.35-PM-1024x722.png 1024w, https://reason.com/wp-content/uploads/2026/05/Screenshot-2026-05-22-at-1.59.35-PM-768x542.png 768w" sizes="(max-width: 1242px) 100vw, 1242px" /><figcaption>Gallup</figcaption></figure> <p>Besides helping people to control their diabetes and to lose substantial amounts of fat, these compounds appear to offer many <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC12281309/">additional health benefits</a>. These include improved outcomes in people with cardiovascular, kidney, liver, arthritis, sleep apnea, and <a href="https://medicine.washu.edu/news/glp-1-medications-get-at-the-heart-of-addiction-study/">substance abuse</a> disorders, along with reducing <a href="https://medicine.washu.edu/news/glp-1-medications-get-at-the-heart-of-addiction-study/">inflammation</a> generally. More recent data suggest that these compounds also significantly reduce the <a href="https://jamanetwork.com/journals/jamaoncology/article-abstract/2837870#google_vignette">risk of cancer</a> overall and lower the risk of <a href="https://www.medpagetoday.com/meetingcoverage/asco/121397">cancer spread</a>. Recent research somewhat <a href="https://www.washingtonpost.com/wellness/2026/05/07/glp-1-muscles/">allays</a> concerns that taking the compounds not only reduces fat but also muscle mass.</p> <p>Health and Human Services Secretary Robert F. Kennedy Jr. initially <a href="https://www.instagram.com/robertfkennedyjr/reel/DBWPFf4PmFV/">disparaged</a> the compounds for treating diabetes and obesity, instead insisting that Americans eat better. He <a href="https://www.wral.com/story/doctors-say-rfk-jr-s-anti-ozempic-stance-perpetuates-stigma-and-misrepresents-evidence/21726646/">declared</a> that the drug companies are "counting on selling it to Americans because we're so stupid and so addicted to drugs." However, when President Donald Trump endorsed the drugs, the secretary adroitly <a href="https://www.statnews.com/2025/11/06/rfk-jr-reverses-course-glp-1-drugs-maha-faithful-reacts/">reversed course</a>.</p> <p>The uptake of these compounds by Americans already seems to be reshaping aspects of the economy. Specifically, demand for higher <a href="https://news.asu.edu/20260114-business-and-entrepreneurship-w-p-carey-professor-suggests-glp1-drugs-are-reshaping-food">protein</a> foods is up, and demand for <a href="https://www.ey.com/en_us/insights/consumer-products/glp-1-shifts-alcohol-market-dynamics">alcoholic beverages</a> is down. As it happens, the drugs encourage people to improve their diets just as RFK Jr. has been demanding.</p><p>The post <a href="https://reason.com/2026/05/22/is-the-end-of-the-obesity-epidemic-near-people-lost-up-to-85-pounds-using-new-weight-loss-drug/">Is the End of the Obesity Epidemic Near? People Lost Up to 85 Pounds Using New Weight Loss Drug</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Midjourney/Dragan Andrii/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of a person standing on a scale]]></media:description>
		<media:title><![CDATA[obesity-decrease-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/obesity-decrease-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Ari Shtein</name>
							<uri>https://reason.com/people/ari-shtein/</uri>
					</author>
					<title type="html"><![CDATA[
				In New Hampshire, a Setback for Second Amendment Rights on Campus			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/in-new-hampshire-a-setback-for-second-amendment-rights-on-campus/" />
		<id>https://reason.com/?p=8383331</id>
		<updated>2026-05-22T20:21:40Z</updated>
		<published>2026-05-22T19:15:18Z</published>
			<category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Gun Rights" /><category scheme="https://reason.com/latest/" term="Higher Education" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="New Hampshire" /><category scheme="https://reason.com/latest/" term="Second Amendment" />		<summary type="html"><![CDATA[A legislative effort to eliminate gun-free zones on public college campuses has died. But for its student sponsor, the fight isn’t over yet.]]></summary>
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		<p><span style="font-weight: 400;">On Thursday, an effort to eliminate gun-free zones on New Hampshire college campuses </span><a href="https://www.nhpr.org/nh-news/2026-05-22/gun-rights-nh-newhampshire-college-campuses-university-guns"><span style="font-weight: 400;">fizzled out</span></a><span style="font-weight: 400;"> in the state Legislature, when the Senate voted against a committee of conference to renegotiate the bill with House leaders. Despite the setback, proponents of the legislation say they're not done.</span></p>
<p><span style="font-weight: 400;">"We'll be pursuing this with a legal challenge," says state Rep. Sam Farrington (R–Rochester), who sponsored the bill, which would have also allowed students to carry nonlethal weapons such as pepper spray and mace</span><span style="font-weight: 400;">. Farrington, who <a href="https://www.unh.edu/university-ceremonies-and-events/commencement/dates-deadlines">graduated</a> from the University of New Hampshire (UNH) last Saturday, says the challenge will be under New Hampshire's "</span><a href="https://law.justia.com/codes/new-hampshire/title-xii/chapter-159/section-159-26/"><span style="font-weight: 400;">pre-emption statute</span></a><span style="font-weight: 400;">," which prohibits any "political subdivision" other than the state Legislature from regulating firearms. He thinks that </span><a href="https://www.usnh.edu/policy/unh/iii-administrative-policies/j-firearms-campus"><span style="font-weight: 400;">policies</span></a><span style="font-weight: 400;"> that ban guns from campus, imposed by "unelected administrators at public universities," fall into that category.</span></p>
<p><span style="font-weight: 400;">UNH</span> <a href="https://www.unh.edu/leadership/blog/2026/02/house-bill-1793-update"><span style="font-weight: 400;">says</span></a><span style="font-weight: 400;"> that its restrictions were "adopted under authority granted by the Legislature to the Board of Trustees and campus presidents to govern university property."</span></p>
<p><span style="font-weight: 400;">For now, New Hampshire is </span><a href="https://stateline.org/2026/03/17/state-lawmakers-push-to-expand-laws-allowing-guns-on-college-campuses/"><span style="font-weight: 400;">one of 37 states</span></a><span style="font-weight: 400;"> where college campuses are gun-free zones. This includes Rhode Island and Virginia, where </span><a href="https://www.browndailyherald.com/article/2025/12/live-updates-active-shooter-at-brown-university"><span style="font-weight: 400;">Brown University</span></a><span style="font-weight: 400;"> and </span><a href="https://www.cnn.com/2026/03/15/us/mohamed-bailor-jalloh-old-dominion"><span style="font-weight: 400;">Old Dominion University</span></a><span style="font-weight: 400;">, respectively, were each sites of deadly shootings this school year. Indeed, </span><a href="https://crimeresearch.org/2026/01/updated-detailed-information-on-mass-public-shootings-from-1998-to-2025/">according</a> to the Crime Prevention Research Center, more than 80 percent of mass public shootings since 1998 "have occurred in places where guns are banned." (Other estimates, using different criteria for "gun-free zone" and "mass shooting," have arrived at lower figures: <a href="https://pubmed.ncbi.nlm.nih.gov/39105140/">48 percent</a>, even <a href="https://gunviolence.issuelab.org/resources/28329/28329.pdf">10 percent</a>.)</p>
<p><span style="font-weight: 400;">So as much as Farrington wrote his bill to protect students' Second Amendment rights, "it's also a safety issue," he says. "At UNH, for example&hellip;doors are left wide open, buildings are wide open. Anybody can walk in at any point in time."</span></p>
<p><span style="font-weight: 400;">"Gun-free zones," Farrington tells <em>Reason</em>, "leave victims defenseless and vulnerable."</span></p>
<p><span style="font-weight: 400;">High-quality research on the question is sparse, but the </span><a href="https://www.sciencedirect.com/science/article/abs/pii/S0362331918300648"><span style="font-weight: 400;">only study on gun-free zones</span></a><span style="font-weight: 400;"> that met the RAND Corporation's inclusion criteria for its "</span><a href="https://www.rand.org/research/gun-policy/analysis/gun-free-zones/violent-crime.html"><span style="font-weight: 400;">Gun Policy Research Review</span></a><span style="font-weight: 400;">" found "that campus carry laws are not significantly related to violent or property crime on campus" between 2005 and 2014, meaning they neither made students safer nor endangered them. However, it did show that "campuses located in states that allow unpermitted concealed carry"—like New Hampshire—had "lower property crime rates," suggesting that some positive relationship exists between firearm access and campus safety.</span></p>
<p><span style="font-weight: 400;">Though universities might point to their campus security teams or cooperations with local law enforcement as evidence of their commitment to student safety, Farrington is skeptical. "You can't trust the government police officers to defend you," he says</span><span style="font-weight: 400;">, referencing the 2005 </span><a href="https://supreme.justia.com/cases/federal/us/545/748/"><i><span style="font-weight: 400;">Castle Rock v. Gonzales</span></i></a><span style="font-weight: 400;"> decision, in which the Supreme Court ruled that law enforcement cannot be held liable for failing or refusing to protect citizens from threats they did not create. "You need to take it upon yourself, and that's why this right is so important," says Farrington.</span></p>
<p><span style="font-weight: 400;">In the wake of this year's campus shootings, more students around the country are beginning to share Farrington's skepticism. Notable is a spate of op-eds that appeared shortly after the Brown shooting in the </span><i><span style="font-weight: 400;">Yale Daily News</span></i><span style="font-weight: 400;">, decrying flaws in Yale's security approach.</span></p>
<p><span style="font-weight: 400;">One student </span><a href="https://yaledailynews.com/articles/danziger-give-campus-security-guns"><span style="font-weight: 400;">pointed out</span></a><span style="font-weight: 400;"> that </span><a href="https://your.yale.edu/public-safety/yale-security"><span style="font-weight: 400;">campus security officers</span></a><span style="font-weight: 400;">—who outnumber </span><a href="https://your.yale.edu/public-safety/yale-police-department"><span style="font-weight: 400;">Yale Police Department officers</span></a><span style="font-weight: 400;"> 140 to 93—are unarmed. In the case of an emergency, they're tasked with simply telling students to hide and then calling the police, who are actually equipped to deal with a threat. He recommended that Yale, which is a gun-free campus, provide its security officers with some kind of incapacitating weaponry, or at the very least, expand its armed police department.</span></p>
<p><span style="font-weight: 400;">Of course, mass shootings are a much </span><a href="https://reason.com/2021/04/22/americans-cant-agree-about-how-often-mass-shootings-occur-let-alone-the-right-policy-response/"><span style="font-weight: 400;">rarer threat</span></a><span style="font-weight: 400;"> than everyday robberies and assaults. But even then, many campus security solutions are ill-equipped to protect students. In </span><a href="https://yaledailynews.com/articles/after-brown-campus-safety-requires-clarity"><span style="font-weight: 400;">another op-ed</span></a><span style="font-weight: 400;">, Yale student and active-duty U.S. Marine Timothy Riemann noted that Yale's campus-wide safety alerts—which report all muggings, robberies, or shots fired on campus—always omit the perpetrator's race, providing "deliberately incomplete information" to students who might be in danger.</span></p>
<p><span style="font-weight: 400;">"To me," Riemann wrote, "it signals that the University prioritizes the potential or theoretical harm caused by including race as an identifying characteristic over the very real safety of its own students, faculty and staff."</span></p>
<p><span style="font-weight: 400;">But in the months since these criticisms were levied, Yale has indicated no plans to change course, leaving its security approach stuck in the same rut as other universities nationwide. Pending the outcome of Farrington's legal action, things could change for students enrolled at public New Hampshire colleges. But for now, they—along with other students around the country—have no choice but to put their trust in a flawed campus security paradigm.</span></p>
<p>The post <a href="https://reason.com/2026/05/22/in-new-hampshire-a-setback-for-second-amendment-rights-on-campus/">In New Hampshire, a Setback for Second Amendment Rights on Campus</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[gun-rights-on-campuses-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[
				"Tennessee Man Jailed 37 Days for Trump Meme Wins $835,000 Settlement"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/tennessee-man-jailed-37-days-for-trump-meme-wins-835000-settlement/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383353</id>
		<updated>2026-05-22T18:28:33Z</updated>
		<published>2026-05-22T18:28:17Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[From the Foundation for Individual Rights in Education Wednesday: After spending 37 days in jail for nothing more than posting&#8230;
The post &#34;Tennessee Man Jailed 37 Days for Trump Meme Wins $835,000 Settlement&#34; appeared first on Reason.com.
]]></summary>
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			<![CDATA[<p dir="ltr"><a href="https://www.fire.org/news/victory-tennessee-man-jailed-37-days-trump-meme-wins-835000-settlement-after-first-amendment">From the Foundation for Individual Rights in Education</a> Wednesday:</p> <blockquote> <p dir="ltr">After spending 37 days in jail for nothing more than posting a meme, retired Tennessee law enforcement officer Larry Bushart has won a <a href="https://www.fire.org/research-learn/settlement-agreement-and-general-release-bushart-v-perry-county" data-entity-type="node" data-entity-uuid="52788bda-8320-4898-b2c6-d2cc0b257bbe" data-entity-substitution="canonical">substantial settlement</a> from the county and sheriff behind his arrest.</p> <p dir="ltr">Represented by the Foundation for Individual Rights and Expression and Phillips &amp; Phillips, PLLC, Larry Bushart filed a <a href="https://www.fire.org/news/lawsuit-ex-cop-sues-after-spending-37-days-jail-sharing-meme-following-charlie-kirk-murder" data-entity-type="node" data-entity-uuid="8ee0e214-45c0-4a86-a85b-08c18aa3025a" data-entity-substitution="canonical">federal civil rights lawsuit</a> last December against Sheriff Nick Weems, Investigator Jason Morrow, and Perry County, Tennessee, for violating his constitutional rights in retaliation for his protected speech.</p> <p dir="ltr">Today, the parties announced in a joint statement that Larry will receive $835,000 in exchange for dismissing his complaint.</p> <p dir="ltr">"I am pleased my First Amendment rights have been vindicated," said Larry. "The people's freedom to participate in civil discourse is crucial to a healthy democracy. I am looking forward to moving on and spending time with my family."</p> <p dir="ltr">After the September 2025 assassination of conservative activist Charlie Kirk, Larry commented on a Facebook post promoting a vigil in nearby Perry County by sharing a meme that accurately quoted Donald Trump's statement after a school shooting:  "We have to get over it."</p> <p dir="ltr"><img decoding="async" class="alignnone size-full wp-image-8383354" src="https://reason.com/wp-content/uploads/2026/05/BushartTrumpMeme.webp" alt="" width="833" height="748" srcset="https://reason.com/wp-content/uploads/2026/05/BushartTrumpMeme.webp 833w, https://reason.com/wp-content/uploads/2026/05/BushartTrumpMeme-300x269.webp 300w, https://reason.com/wp-content/uploads/2026/05/BushartTrumpMeme-768x690.webp 768w" sizes="(max-width: 833px) 100vw, 833px" /></p> <article class="align-center media media--type-image media--view-mode-original-aspect"><picture><source srcset="/sites/default/files/styles/417xy/public/2026/05/Screenshot%20of%20Larry%20Bushart%20social%20media%20post%20with%20Donald%20Trump%20meme.png.webp?itok=x1Xsq8pg 1x" type="image/webp" media="(max-width: 500px)" /></picture></article> </blockquote> <p dir="ltr"><span id="more-8383353"></span></p> <blockquote> <p dir="ltr">That meme — which Larry didn't create or alter — included a reference to the 2024 school shooting at Perry High School in Perry, <em>Iowa</em>. But that did not stop Weems from seeking and obtaining a warrant for Larry's arrest, based on the absurd notion that the meme could be interpreted as a threat against Perry County High School in <em>Tennessee</em>. <a href="https://www.youtube.com/shorts/GWCOvcS7aQw" target="_blank" rel="noopener">Video of the arrest</a> shows Larry informed the arresting officer (not a defendant in the case) that he had never made a threat&hellip;.</p> <p dir="ltr">Weems admitted in a <a href="https://www.newschannel5.com/news/newschannel-5-investigates/tennessee-sheriff-defends-jailing-liberal-activist-for-posting-trump-meme-about-school-shooting" target="_blank" rel="noopener">later interview</a> that he knew at the time of the arrest that Larry's Facebook post was a pre-existing meme that referred to an actual shooting that took place in a different state, over 500 miles away. But Weems and Morrow left out that extremely important context from their warrant application. Not that it should have mattered; the Supreme Court has <a href="https://www.fire.org/supreme-court/watts-v-united-states" data-entity-type="node" data-entity-uuid="39752b9f-90a4-4192-8e27-f8942b1ca8cf" data-entity-substitution="canonical">long held</a> that heated political rhetoric is fully protected by the First Amendment.</p> <p dir="ltr">Larry spent over a month behind bars on a $2 million bond. Perry County released him from jail only after his plight went viral <a href="https://www.nytimes.com/2025/10/29/us/tennessee-man-released-after-month-in-jail-over-charlie-kirk-post.html" target="_blank" rel="noopener">nationwide</a> and prompted outrage. During his stay in jail, Larry lost his post-retirement job and missed his anniversary — as well as the birth of his grandchild. After his release, he <a href="https://www.fire.org/news/lawsuit-ex-cop-sues-after-spending-37-days-jail-sharing-meme-following-charlie-kirk-murder" data-entity-type="node" data-entity-uuid="8ee0e214-45c0-4a86-a85b-08c18aa3025a" data-entity-substitution="canonical">teamed up</a> with FIRE to hold those who violated his constitutional rights accountable&hellip;. (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.</p> </blockquote><p>The post <a href="https://reason.com/volokh/2026/05/22/tennessee-man-jailed-37-days-for-trump-meme-wins-835000-settlement/">&quot;Tennessee Man Jailed 37 Days for Trump Meme Wins $835,000 Settlement&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</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[
				War Powers Vote Is the Latest Embarrassment for House Speaker Mike Johnson			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/war-powers-vote-is-the-latest-embarrassment-for-house-speaker-mike-johnson/" />
		<id>https://reason.com/?p=8383256</id>
		<updated>2026-05-22T22:17:15Z</updated>
		<published>2026-05-22T16:35:53Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Endless War" /><category scheme="https://reason.com/latest/" term="Separation of Powers" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="War Powers" /><category scheme="https://reason.com/latest/" term="War Powers Act" />		<summary type="html"><![CDATA[Johnson is seemingly incapable of standing up to the Trump administration, even when one of Congress' core responsibilities is at stake.]]></summary>
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		<p>Faced with the prospect of having to uphold one of Congress' core responsibilities, Speaker of the House Mike Johnson (R–La.) took the coward's way out.</p>
<p>He cut and ran.</p>
<p>House Republican leaders canceled a vote Thursday night on a bill that called for halting President Donald Trump's war with Iran. With some Republicans poised to break ranks and <a href="https://x.com/AnthonyAdragna/status/2057567954477154480">others absent</a>, <em>Politico</em> <a href="https://www.politico.com/live-updates/2026/05/21/congress/gop-iran-war-vote-postpone-00932727">reports</a>, the war powers resolution likely would have passed—and even without Rep. Thomas Massie (R–Ky.), an outspoken critic of the war who had not yet returned to Washington after suffering a defeat in Tuesday's primary.</p>
<p>With the vote canceled, the House recessed until June, thus "avoiding a political embarrassment to President Donald Trump," <a href="https://www.politico.com/live-updates/2026/05/21/congress/gop-iran-war-vote-postpone-00932727">notes</a> <em>Politico.</em></p>
<p>Instead, it is Johnson who ought to be embarrassed.</p>
<p>Deciding when America goes to war is a power exclusively reserved to Congress. Even though Congress hasn't formally declared war since World War II, America's other, recent misadventures in the Middle East were at least subject to public debate, and lawmakers granted authorization for the use of military force.</p>
<p>That did not happen with the war in Iran, which the Trump administration launched in February without getting permission from Congress. The Pentagon and White House made a half-hearted attempt to justify the conflict as a response to an imminent threat against American troops—but that case is far from believable, as <em>Reason</em>'s Matthew Petti has <a href="https://reason.com/2026/03/02/the-goalposts-of-the-iran-war-keep-shifting/">explained</a>.</p>
<p>Congress has been <a href="https://reason.com/2026/04/16/congress-declines-again-to-rein-in-trumps-iran-war/">slow to respond</a>. But, with the conflict nearing the end of its third month (and having <a href="https://reason.com/2026/04/22/neither-war-nor-peace-with-iran/">accomplished little</a> besides choking off vital supply chains and raising prices), America's elected representatives are finally getting their act together.</p>
<p>The Senate <a href="https://www.newsnationnow.com/politics/war-powers-iran-bill-cassidy-trump/">voted earlier this week</a> to advance a war powers resolution. "Until the administration provides clarity, no congressional authorization or extension can be justified," wrote Sen. Bill Cassidy (R–La.) in <a href="https://x.com/SenBillCassidy/status/2056865769334669662">a post on X</a> after voting for the resolution.</p>
<p>Previous efforts in the House had <a href="https://reason.com/2026/03/03/a-few-republicans-think-war-with-iran-is-a-bad-idea/">fallen short</a>, but the tide seems to have turned. Polls show the war is <a href="https://www.nytimes.com/2026/05/18/us/politics/poll-trump-republicans-midterms-iran.html">deeply unpopular</a>, and even Republican voters are <a href="https://responsiblestatecraft.org/poll-trump-iran-war/">turning against it</a>.</p>
<p>Under the terms of the War Powers Act of 1973, presidents have 60 days to obtain congressional authorization for an ongoing conflict. That deadline has come and gone. Defense Secretary Pete Hegseth has argued that the 60-day clock does not apply because the two countries agreed to a temporary cease-fire in early April.</p>
<p>The resolutions being debated in Congress are an attempt to enforce that limitation and order the president to withdraw American forces from the conflict. It is ultimately a symbolic gesture because Trump could veto the resolution if it passed.</p>
<p>All the more reason why Johnson's cowardice is so remarkable. Why should he have to protect Trump from having to issue a veto? The president started a war without congressional authorization; he should have to own it.</p>
<p>This sort of cowardice is nothing new for Johnson. It calls to mind the <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/">ridiculous maneuver</a> that Johnson and his fellow House GOP leaders used to block votes disapproving of Trump's tariffs. They <a href="https://reason.com/2025/03/12/congress-just-made-it-harder-for-congress-to-block-trumps-tariffs/">changed the House's rules</a> so that a "day" on the House calendar no longer counted as a day in real life, thus undermining a law meant to check executive power over trade.</p>
<p>Johnson is seemingly incapable of standing up to the Trump administration, even when one of Congress' <a href="https://reason.com/2026/02/13/the-cowardice-of-the-republican-tariff-skeptics/">core responsibilities</a> is at stake.</p>
<p>With the House now in recess until June, Trump gets a few more weeks to wrap up his undeclared and unlawful war—a conflict that Trump said was "<a href="https://www.cbsnews.com/news/trump-iran-cbs-news-the-war-is-very-complete-strait-hormuz/">very complete</a>" all the way back on March 9.</p>
<p>"Republicans are too scared to check executive power," <a href="https://x.com/RepPettersen/status/2057588298000843105">wrote</a> Rep. Brittany Pettersen (D–Colo.) on Twitter after Thursday's vote was canceled. "They knew they'd lose. So instead of ending Trump's illegal war in Iran, they killed the vote. Too weak to follow the Constitution. Too loyal to Trump to do their jobs."</p>
<p>The post <a href="https://reason.com/2026/05/22/war-powers-vote-is-the-latest-embarrassment-for-house-speaker-mike-johnson/">War Powers Vote Is the Latest Embarrassment for House Speaker Mike Johnson</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Michael Brochstein/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[House Speaker Mike Johnson leaving podium]]></media:description>
		<media:title><![CDATA[zumaamericasfortytwo251571]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Gene Epstein</name>
							<uri>https://reason.com/people/gene-epstein/</uri>
						<email>gene@thesohoforum.org</email>
					</author>
					<title type="html"><![CDATA[
				Should Billionaires Pay More Taxes?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/05/22/should-billionaires-pay-more-taxes/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8382527</id>
		<updated>2026-05-22T15:36:35Z</updated>
		<published>2026-05-22T15:25:11Z</published>
			<category scheme="https://reason.com/latest/" term="Fiscal policy" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="Progressive Taxation" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Taxpayers" /><category scheme="https://reason.com/latest/" term="The Soho Forum Debates" />		<summary type="html"><![CDATA[Law professor Natasha Sarin debates the Cato Institute's Adam Michel.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/05/22/should-billionaires-pay-more-taxes/">
			<![CDATA[<p>Yale Law School professor Natasha Sarin and the Cato Institute's Adam Michel debate the resolution, "Billionaires should pay a higher share of federal taxes."</p>
<p>Taking the affirmative is <a href="https://law.yale.edu/natasha-sarin">Sarin</a>, who is a professor at Yale Law School and the president and co-founder of the <a href="https://budgetlab.yale.edu/">Budget Lab at Yale</a>. She is also a former counselor to Secretary Janet Yellen at the U.S. Treasury Department.</p>
<p>Arguing against the resolution is <a href="https://www.cato.org/people/adam-n-michel">Michel</a>, the director of tax policy studies at <a href="https://www.cato.org/">the Cato Institute</a>. He was formerly deputy staff director at the U.S. Congress Joint Economic Committee.</p>
<p>The debate is moderated by Soho Forum Director Gene Epstein.</p>
<p>The post <a href="https://reason.com/podcast/2026/05/22/should-billionaires-pay-more-taxes/">Should Billionaires Pay More Taxes?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
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		<media:credit><![CDATA[Graphic by Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Law professor Natasha Sarin on the right, Cato Institute's Adam Michel on the left, a hand resting on a stack of money in the background with the words "More Taxes?" across the image and the Reason Debates and The Soho Forum logos in the lower left corner.]]></media:description>
		<media:title><![CDATA[Billionare-Debate-Soho-Forum]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Democrats Tried To Bury 2024 Election Autopsy			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/democrats-tried-to-bury-2024-election-autopsy/" />
		<id>https://reason.com/?p=8383007</id>
		<updated>2026-05-22T14:35:27Z</updated>
		<published>2026-05-22T14:45:12Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Election 2024" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Joe Biden" /><category scheme="https://reason.com/latest/" term="Kamala Harris" />		<summary type="html"><![CDATA[Why is the party so dead set against learning from its own mistakes?]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/democrats-tried-to-bury-2024-election-autopsy/">
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										alt="Democratic National Committee Chairman Ken Martin, and two men hiding their faces | Illustration: Bill Clark/Newscom/Midjourney"
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		<p>Political parties that lose major elections will often create an "<a href="https://politicaldictionary.com/words/autopsy-report/">autopsy report</a>." Hoping not to make the same mistakes twice, an autopsy lets the party take stock of its failures, learn why its candidate failed to connect with voters, and get a sense of how to do better next time.</p>
<p>But 18 months after Kamala Harris lost the 2024 election to then-former President Donald Trump, the Democratic Party only got around to releasing an autopsy this week. Even then, the party only did so as a result of public pressure, having previously sworn off the prospect of <em>ever</em> publicly releasing the report. Why is the party so dead set against learning from its own mistakes?</p>
<p>The 2024 election "was a punch to the gut, and people were pissed off," Democratic National Committee (DNC) Chairman Ken Martin <a href="https://blueprint.democrats.org/p/a-message-from-dnc-chair-ken-martin">wrote Thursday</a> in a statement accompanying the report's release. "How, we all asked, could Democrats have lost to Donald Trump again? How did we blow through billions of dollars? And where do we go from here?"</p>
<p>The resulting <a href="https://democrats.org/wp-content/uploads/2026/05/May-20-2026.pdf">report</a> paints a bleak picture for Democrats. "We must admit and accept some hard truths about our Party," it cautions. "Since the high point of the 2008 Obama landslide&hellip;the Democratic Party has vacillated between stagnation and retrogression. In doing so, we have lost the confidence we once received from everyday Americans—and election results show it. In the sixteen tumultuous years since that historic election, Democrats have lost ground at every level of government."</p>
<p>This is actually the first time in more than a decade that Democrats have publicly taken any such introspection.</p>
<p>When Trump defeated Hillary Clinton in 2016, the party <a href="https://www.politico.com/story/2017/04/27/house-democrats-2016-autopsy-237710">appointed</a> then-Rep. Sean Patrick Maloney (D–N.Y.) to compile an autopsy, only to effectively bury it. <em>Politico</em> reported at the time that "members were not allowed to have copies of the report and may view it only under the watchful eyes of [Democratic Congressional Campaign Committee] staff."</p>
<p>One person who recognized the folly in this strategy was Ken Martin.</p>
<p>"The DNC spent a lot of time and money on [a 2016 autopsy], and it wasn't even released to the DNC members," Martin <a href="https://www.nbcnews.com/politics/elections/dnc-will-not-release-report-went-wrong-democrats-2024-rcna249925">said</a> in February 2025. "Was there any utility in doing that?"</p>
<p>As to whether the party would compile and release a report for the 2024 election, Martin added, "Of course it will be released, right? It will be released to our members, and we all have to learn from that. There has to be some lessons that we bring on so that we can operationalize it."</p>
<p>But when it was completed in December, Martin <a href="https://www.nbcnews.com/politics/elections/dnc-will-not-release-report-went-wrong-democrats-2024-rcna249925">said</a> he wouldn't release the report, which he called "a distraction from the core mission."</p>
<p>The decision was controversial. Last month, when Martin <a href="https://www.youtube.com/watch?v=h8IwrO-03WU">appeared</a> on the progressive podcast <em>Pod Save America</em>, host Jon Favreau brought up his previous pledge to release the report and asked, "Why did you change your mind on that?"</p>
<p>Martin averred that the report itself was less important than the "lessons" it contained, "and we released those lessons."</p>
<p>This week, the DNC bowed to pressure and finally released the report, though not without immediately disavowing it; each page bears a disclaimer that it "reflects the views of the author, not the DNC," which did not receive "the underlying sourcing, interviews, or supporting data for many of the assertions contained herein and therefore cannot independently verify the claims presented."</p>
<p>Indeed, the document contains numerous highlights and notations of issues to be corrected.</p>
<p>"When I received the report late last year, it wasn't ready for primetime. Not even close," Martin explained this week. "I am not proud of this product; it does not meet my standards, and it won't meet your standards. I don't endorse what's in this report, or what's left out of it. I could not in good faith put the DNC's stamp of approval on it. But transparency is paramount."</p>
<p>Of course, Martin is only releasing the report because of public pressure. In fact, CNN <a href="https://www.cnn.com/2026/05/21/politics/read-full-dnc-2024-autopsy-cnn">released</a> a draft of the report hours before Martin did.</p>
<p>Martin added that he saw no reason to release the report in December because Democrats had done well in state and local elections the previous month. But the report had some caution on that front.</p>
<p>"Our candidates have proven incapable of projecting strength, unity, and leadership, and voters have drifted away," it warned. "Indeed, many of our critical Democratic wins can be attributed to negative partisanship—where Republicans have nominated deeply flawed candidates, and we have been able to convince some Republicans and most Independents to support Democrats in those contests."</p>
<p>"This remains true even in the face of the 'Blue Wave' in the most recent elections," it added. "2025 gubernatorial and mayoral wins in Virginia, New Jersey, New York City, Detroit, and elsewhere may lead to a false sense of security and a belief the Democratic Party has again found ways to bring the voters back to the booth with their messaging."</p>
<p>Flawed though the report may be, it still provided useful information and advice to be cautious about its recent electoral successes.</p>
<p>But ignoring the evidence of its own unelectability has become something of a trend among Democrats. Even examining the 2020 election, when Joe Biden defeated Trump, would have been useful. "Instead, Democrats apparently took Trump's unfitness as so manifestly self-evident that it was not worth interrogating why 74 million people voted for him in 2020, and whether they would do so again," I <a href="https://reason.com/2024/11/07/what-if-anything-will-democrats-learn-from-this-election/">wrote</a> after Harris' loss in 2024.</p>
<p>In fact, the 2024 autopsy mentions another Democratic Party postmortem conducted after the 2022 midterms, which laid out a number of recommendations for future campaigns. "Unfortunately, none of these recommendations were implemented on the proposed timeline, if at all," it notes. ("No evidence or sourcing provided for this claim," the DNC retorts.)</p>
<p>Democrats often talk about Trump as an existential threat to the country and the rule of law—and the argument is compelling. Just this week, Trump <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">settled</a> his own lawsuit against the government, steering an <a href="https://reason.com/2026/05/21/the-1-776-billion-in-trumps-anti-weaponization-fund-fits-a-pattern-of-fanciful-figures/">arbitrary</a> multi-billion dollar sum into an account he controlled while exempting himself from future investigatory scrutiny, as he and his children repeatedly <a href="https://reason.com/2026/05/21/trumps-corruption-is-brazen-obvious-and-costly-will-enough-republicans-try-to-stop-him/">benefit financially</a> from various government actions.</p>
<p>And yet while Trump is deeply unpopular, the Democratic Party fares <a href="https://reason.com/2026/02/19/support-for-republicans-is-tanking-but-why-are-democrats-hated-just-as-much/">little better</a> in polls of voters. Why is that? Perhaps a report dedicated to its most recent major loss, compiled and distributed to party officials, could shed some light.</p>
<p>The post <a href="https://reason.com/2026/05/22/democrats-tried-to-bury-2024-election-autopsy/">Democrats Tried To Bury 2024 Election Autopsy</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Bill Clark/Newscom/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Democratic National Committee Chairman Ken Martin, and two men hiding their faces]]></media:description>
		<media:title><![CDATA[DNC-Accountability-ken-martin]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump's 'Anti-Weaponization Fund' Is Built on a Contradiction			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/trumps-anti-weaponization-fund-is-built-on-a-contradiction/" />
		<id>https://reason.com/?p=8382994</id>
		<updated>2026-05-22T17:44:37Z</updated>
		<published>2026-05-22T14:27:33Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Crime" /><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="Lawsuits" /><category scheme="https://reason.com/latest/" term="Qualified Immunity" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Capitol Riot" /><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="Federal government" /><category scheme="https://reason.com/latest/" term="Government abuse" /><category scheme="https://reason.com/latest/" term="January 6" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The president has fought to make sure alleged victims of government misconduct cannot get compensation. What changed?]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/trumps-anti-weaponization-fund-is-built-on-a-contradiction/">
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		<p><span style="font-weight: 400;">The Trump administration's announcement that it had </span><a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/"><span style="font-weight: 400;">established</span></a><span style="font-weight: 400;"> a large, taxpayer-financed "</span><a href="https://www.justice.gov/opa/media/1441086/dl?inline"><span style="font-weight: 400;">Anti-Weaponization Fund</span></a><span style="font-weight: 400;">" was an odd addition to an already-odd news cycle. The pool of $1,776,000,000—1776, get it?—was born out of a settlement between President Donald Trump and the IRS; the chief executive had, in some sense, sued himself after a contractor leaked his tax returns to </span><i><span style="font-weight: 400;">The New York Times </span></i><span style="font-weight: 400;">in 2019. Those funds will be used, the Justice Department </span><a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">, "to hear and redress claims of others who suffered weaponization and lawfare."</span></p>
<p><span style="font-weight: 400;">The development has drawn widespread criticism for reasons one might assume: allegations of corruption and self-dealing. But its inception raises larger questions about what processes exist for alleged victims of government misconduct, how hard it is for anyone to get compensation when their constitutional rights are violated, and why that is.</span></p>
<p><span style="font-weight: 400;">It is not yet clear exactly who will benefit from the Anti-Weaponization Fund. But Vice President J.D. Vance offered a hint this week when he invoked Tina Peters, whom Colorado Governor Jared Polis granted clemency last week. "This is a woman, who, at worst—if you believe everything that the prosecutors said about her—committed misdemeanor trespassing, and somebody threw the book at her," Vance <a href="https://x.com/Acyn/status/2056796650686083113?s=20">said</a> at a White House press briefing. "This innocent grandmother was going to spend 10 years in prison, completely disproportionate to any misdemeanor trespassing that I've ever seen. Was that fair? No. Is it reasonable for her to get some compensation for the fact that she was treated unfairly? I think the answer is yes."</span></p>
<p><span style="font-weight: 400;">Peters was not convicted of "misdemeanor trespassing." She was convicted of four felonies and three misdemeanors—none of which were trespassing—in connection with an illegal scheme she executed as Mesa County clerk that she hoped would substantiate her allegations that the 2020 election had been stolen. As </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s Jacob Sullum </span><a href="https://reason.com/2026/05/18/jared-polis-controversial-commutation-of-tina-peters-prison-sentence-upholds-freedom-of-speech/"><span style="font-weight: 400;">summarized</span></a><span style="font-weight: 400;"> earlier this week, Peters secured "unauthorized access to voting machines&hellip;by falsely identifying Gerald Wood, a local I.T. consultant, as a county employee, and allowing Conan Hayes, another promoter of Trump's stolen-election fantasy, to pose as Wood." Hayes used Wood's bogus credentials to copy the voting machine software in May 2021 after Peters disabled security cameras, though she recorded the process with her phone. Images from that footage, one of which featured the county's passwords, eventually made their way online.</span></p>
<p><span style="font-weight: 400;">Her nine-year (not 10-year) sentence was indeed severe. Per the judge, it was partially influenced by her beliefs, so her sentence commutation—despite the great deal of outrage it has elicited—is defensible on First Amendment grounds. That's especially true when considering she will have spent about a year and a half in prison, which still amounts to significant accountability.</span></p>
<p><span style="font-weight: 400;">Peters was not pardoned, though. She is not "innocent," as Vance claimed. She was convicted by a jury, and will remain a felon after her release next month. We have an important check on overly harsh prison terms in this country: clemency. It was exercised.</span></p>
<p><span style="font-weight: 400;">That Peters and others might get taxpayer-funded checks not in spite of committing crimes—but because they committed crimes—is a revealing window into the Anti-Weaponization Fund. That perversity intensifies when you consider that our system all but ensures that people whose constitutional rights were violated by the government face a grueling battle for recourse. Many end up with nothing at all. One of the most vocal opponents to reform there: Donald Trump.</span></p>
<p><span style="font-weight: 400;">The summer of 2020 saw a wave of support for reforming qualified immunity. Under that legal doctrine, a plaintiff may plausibly allege that a state or local government employee acted illegally and infringed on his rights. But he will still be barred from going before a jury and asking for damages if he cannot show that the misconduct was "clearly established" as unconstitutional in prior case law. It is, in theory, supposed to nuke vacuous claims.</span></p>
<p><span style="font-weight: 400;">But that is not what happens in practice. It is the reason why a mother could not sue after a deputy sheriff </span><a href="https://reason.com/2019/07/16/court-rules-police-officer-who-shot-10-year-old-is-protected-by-qualified-immunity/"><span style="font-weight: 400;">shot her 10-year-old boy</span></a><span style="font-weight: 400;"> while aiming at a nonthreatening dog; or why two men could not sue after law enforcement </span><a href="https://reason.com/2019/09/20/court-rules-fresno-police-accused-of-stealing-over-225000-protected-by-qualified-immunity-and-cant-be-sued-fourth-amendment/"><span style="font-weight: 400;">allegedly stole $225,000 from them</span></a><span style="font-weight: 400;"> during the execution of a search warrant; or why a local citizen journalist could not sue after police </span><a href="https://reason.com/video/2024/09/03/this-texas-woman-was-jailed-for-her-journalism-is-she-the-future-of-media/"><span style="font-weight: 400;">contorted an obscure statute to arrest her</span></a><span style="font-weight: 400;">. Without prior court precedents explicitly spelling out that such actions ran afoul of the law—as if officers needed to be put on notice, for instance, that stealing under such circumstances is illegal—the plaintiffs' cases were extinguished before they could even begin.</span></p>
<p><span style="font-weight: 400;">The momentum around reform has waned, to put it mildly. But at its climax, during Trump's first term, his administration </span><a href="https://reason.com/2020/06/23/republicans-qualified-immunity-police-mike-braun-senate/"><span style="font-weight: 400;">described</span></a><span style="font-weight: 400;"> any attempt to modify the doctrine legislatively as a "non-starter." On the campaign trail for the 2024 election, Trump briefly revived the issue and </span><a href="https://reason.com/2024/07/28/trump-promises-police-immunity-from-prosecution/"><span style="font-weight: 400;">emphasized</span></a><span style="font-weight: 400;"> that he wanted to "indemnify [police] against any and all liability"—which is already effectively the case. (Even when plaintiffs do overcome qualified immunity, governments pay out damages <a href="https://chicagounbound.uchicago.edu/uclrev/vol88/iss3/2/">almost 100 percent of the time</a>.) </span></p>
<p><span style="font-weight: 400;">Legal inaccuracies notwithstanding, Trump's position on the issue has been firm and consistent. He has sided with the government, not the little guy, when it comes to questions about what victims of state abuse are entitled to. If Peters is an apt mascot for his Anti-Weaponization Fund, it appears his sympathies do sometimes operate in the reverse, so long as the little guy is the one accused of misconduct, and so long as that misconduct sufficiently flattered him. But a mom whose young son was mistakenly shot by law enforcement remains out of luck.</span></p>
<p>The post <a href="https://reason.com/2026/05/22/trumps-anti-weaponization-fund-is-built-on-a-contradiction/">Trump&#039;s &#039;Anti-Weaponization Fund&#039; Is Built on a Contradiction</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[January 6 rioters are seen outside the Capitol with $100 bills behind them]]></media:description>
		<media:title><![CDATA[trump-slush-fund-j6]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Steven Greenhut</name>
							<uri>https://reason.com/people/steven-greenhut/</uri>
						<email>sgreenhut@rstreet.org</email>
					</author>
					<title type="html"><![CDATA[
				In Gerrymandering Fight, Democracy Is Losing			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/in-gerrymandering-fight-democracy-is-losing/" />
		<id>https://reason.com/?p=8383139</id>
		<updated>2026-05-22T13:57:43Z</updated>
		<published>2026-05-22T14:00:07Z</published>
			<category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Gerrymandering" /><category scheme="https://reason.com/latest/" term="Republican Party" />		<summary type="html"><![CDATA[In this recent round, Republicans are entirely to blame. In the new MAGA-fied GOP, winning is everything, and there's no quarter given for concepts such as fairness.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/in-gerrymandering-fight-democracy-is-losing/">
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		<p style="font-weight: 400;">As Republicans and Democrats continue their mid-decade redistricting grudge match that could determine which party controls Congress after November, Americans may learn a truism about legislative elections. That is, voters don't really select the politicians who represent them. Politicians choose their voters, resulting in "skewed, unrepresentative maps where electoral outcomes are virtually guaranteed," as the Brennan Center <a href="https://www.brennancenter.org/our-work/research-reports/gerrymandering-explained" data-saferedirecturl="https://www.google.com/url?q=https://www.brennancenter.org/our-work/research-reports/gerrymandering-explained&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2M2PBcd_0wyIeniMXzgJDt">explains</a>.</p>
<p style="font-weight: 400;">The process has long been known as gerrymandering, named in 1812 after Massachusetts Gov. Elbridge Gerry. Per <em>Smithsonian</em> <a href="https://www.smithsonianmag.com/history/where-did-term-gerrymander-come-180964118/" data-saferedirecturl="https://www.google.com/url?q=https://www.smithsonianmag.com/history/where-did-term-gerrymander-come-180964118/&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw3g7Vt1bGIlU7dZhIVOzOjx">magazine</a>, Gerry signed a state Senate redistricting map drawn up by his fellow Democratic-Republicans that shifted from a county-based model to one filled with "carvings and manglings" designed to strip power from the competing Federalists. Critics <a href="https://www.azquotes.com/quotes/topics/gerrymandering.html" data-saferedirecturl="https://www.google.com/url?q=https://www.azquotes.com/quotes/topics/gerrymandering.html&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2MaIz8_54nCUgGPixKu5Ch">noted</a> the district looked a lot like a salamander.</p>
<p style="font-weight: 400;">It worked, and states with one-party dominance have long had a field day designing districts that guaranteed their dominance. I once lived in a Los Angeles County supervisorial <a href="https://lacounty.maps.arcgis.com/apps/mapviewer/index.html?layers=b9f5a6154ddb4495ac6304f6096ee7c3" data-saferedirecturl="https://www.google.com/url?q=https://lacounty.maps.arcgis.com/apps/mapviewer/index.html?layers%3Db9f5a6154ddb4495ac6304f6096ee7c3&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2jrh2J08m4FFQdkutUU3MG">district</a> that meandered from the eastern edges of the San Gabriel Valley to Marina del Rey, with the obvious purpose of consolidating every scarce Republican vote to bolster Democratic chances in the other districts. Both parties do it, but the latest battles are particularly noxious.</p>
<p style="font-weight: 400;">The problem with gerrymandering is obvious. It magnifies the political extremes, as candidates are incentivized to appeal solely to a pre-selected group of partisan voters. We can see that in any number of current <a href="https://www.kcrw.com/shows/kcrw-reports/stories/calvert-vs-kim-how-prop-50-forced-a-republican-showdown" data-saferedirecturl="https://www.google.com/url?q=https://www.kcrw.com/shows/kcrw-reports/stories/calvert-vs-kim-how-prop-50-forced-a-republican-showdown&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw1abgIguJ-NWm2TslXCNFhk">congressional races</a> after the Proposition 50 redistricting changes. As a result, we elect representatives who have no incentive whatsoever to reach across party lines—but solely to satisfy their political base. It quashes the representation of many voters and undermines the faith people might have in the democratic process.</p>
<p style="font-weight: 400;">Recently, Republicans have cheered after the Virginia Supreme Court tossed out heavily gerrymandered, voter-approved maps that would have obliterated Republican representation. Fair enough, but I've yet to hear more than a few Republicans criticize Texas and other GOP states that gerrymandered to eliminate Democratic seats. They did that at the behest of Donald Trump, who didn't hide his raw partisan goals. "Texas will be the biggest one. And that will be five (GOP pickups)," Trump <a href="https://apnews.com/article/trump-congress-house-republicans-texas-redistricting-d18e8280a32872d9eefcbb26f66a0331" data-saferedirecturl="https://www.google.com/url?q=https://apnews.com/article/trump-congress-house-republicans-texas-redistricting-d18e8280a32872d9eefcbb26f66a0331&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw30bH11LUJLWbHXb4uDuOPA">said</a>.</p>
<p style="font-weight: 400;">This is more obscene than usual because redistricting typically is handled once a decade. But Republicans triggered this mid-decade war to stop a likely Democratic tsunami in November, which means that states will now constantly redistrict whenever they can secure an advantage. The U.S. Supreme Court's recent decision in a Louisiana <a href="https://www.scotusblog.com/2026/04/in-major-voting-rights-act-case-supreme-court-strikes-down-redistricting-map-challenged-as-racia/" data-saferedirecturl="https://www.google.com/url?q=https://www.scotusblog.com/2026/04/in-major-voting-rights-act-case-supreme-court-strikes-down-redistricting-map-challenged-as-racia/&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw3g-TbKHDpizxWWtDNvOHdR">case</a> that tossed aside a majority-black district was ostensibly done to stop one form of gerrymandering. But the court has given red states more latitude to dissolve Democratic seats.</p>
<p style="font-weight: 400;">California's Prop. 50 was defensive and is temporary, so it was understandable. But it still means that voters in conservative, remote Siskiyou County will be <a href="https://lao.ca.gov/BallotAnalysis/Proposition?number=50&amp;year=2025" data-saferedirecturl="https://www.google.com/url?q=https://lao.ca.gov/BallotAnalysis/Proposition?number%3D50%26year%3D2025&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2BjZDe15P14eejXrOrd_GD">lumped in with liberal voters</a> in more populous Marin County outside San Francisco. That assures that their rural concerns will get no more attention in Congress than Black Louisianans will receive in a state dominated by conservative white voters. The whole process is downright un-American.</p>
<p style="font-weight: 400;">In this recent round, Republicans are entirely to blame. In the new MAGA-fied GOP, winning is everything, and there's no quarter given for concepts such as fairness. Frankly, Trump has tapped into Americans' most divisive instincts, as he puts his short-term zeal for vengeance above the long-term good of the country.</p>
<p style="font-weight: 400;">It's sad, and the success of the GOP's efforts will cause both parties to continue toward what Rep. Blake Moore (R–Utah) rightly calls a <a href="https://www.ksl.com/article/51496591/blake-moore-says-its-up-to-states-to-stop-race-to-the-bottom-on-gerrymandering" data-saferedirecturl="https://www.google.com/url?q=https://www.ksl.com/article/51496591/blake-moore-says-its-up-to-states-to-stop-race-to-the-bottom-on-gerrymandering&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw0WvMuyVhVmk8Y8UL6mQ_cR">race to the bottom</a>. A few other representatives have likewise called for a ceasefire, but whatever party is on the winning side of this race will never back down, given the current scorched-earth culture. Even more depressing, this scenario essentially puts an end to the good-government experiment in nonpartisan redistricting reform. Democratic states have typically done this, but now that's a sucker's game.</p>
<p style="font-weight: 400;">I've long called for measures that <a href="https://www.ocregister.com/2011/04/16/steven-greenhut-how-to-dilute-the-power-of-politicians/" data-saferedirecturl="https://www.google.com/url?q=https://www.ocregister.com/2011/04/16/steven-greenhut-how-to-dilute-the-power-of-politicians/&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw0VKOAl7352kpYBtFC89Jbp">improve representation</a> in ways that don't attempt to change the partisan balance—but simply better reflect the views of voters and make elected officials more responsive to their needs. One long-dead proposal in California would have expanded the number of Assembly seats given that our current lower house has one representative for every 483,000 Californians. Good luck getting a meeting with your Assembly member in that set up, but I fear that such ideas are nonstarters in the current political climate.</p>
<p style="font-weight: 400;">"The ordaining of laws in favor of one part of the nation, to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy," <a href="https://www.gilderlehrman.org/sites/default/files/inline-pdfs/Key%20to%20Founding%20Fathers%20Selected%20Quotations.pdf" data-saferedirecturl="https://www.google.com/url?q=https://www.gilderlehrman.org/sites/default/files/inline-pdfs/Key%2520to%2520Founding%2520Fathers%2520Selected%2520Quotations.pdf&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2meomYnRE67o-OdHar-ULG">wrote</a> Benjamin Franklin. He feared that poor representation would "create great and violent jealousies and animosities between the people favored and the people oppressed." Yet here we are—until Americans place their national identity above their partisan loyalties. As the nation celebrates its <a href="https://www.rstreet.org/commentary/nearly-100-years-before-the-american-revolution-the-boston-revolt-paved-the-way-for-american-self-rule/" data-saferedirecturl="https://www.google.com/url?q=https://www.rstreet.org/commentary/nearly-100-years-before-the-american-revolution-the-boston-revolt-paved-the-way-for-american-self-rule/&amp;source=gmail&amp;ust=1779479886968000&amp;usg=AOvVaw2vN8vZcIugPs9znI2L0oBK">250th anniversary</a>, it's a good time to consider a truce.</p>
<p style="font-weight: 400;"><em>This column was <a href="https://www.ocregister.com/2026/05/15/steven-greenhut-gop-winning-redistricting-battle-but-democracy-is-the-loser/">first published</a> in The Orange County Register.</em></p>
<p>The post <a href="https://reason.com/2026/05/22/in-gerrymandering-fight-democracy-is-losing/">In Gerrymandering Fight, Democracy Is Losing</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: MisterTigga/Dreamstime/Midjourney]]></media:credit>
		<media:title><![CDATA[CA-redistricting-v1]]></media:title>
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	</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[
				Who Abuses Food Delivery?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/who-abuses-food-delivery/" />
		<id>https://reason.com/?p=8382937</id>
		<updated>2026-05-22T13:30:33Z</updated>
		<published>2026-05-22T13:30:33Z</published>
			<category scheme="https://reason.com/latest/" term="Class War" /><category scheme="https://reason.com/latest/" term="Food" /><category scheme="https://reason.com/latest/" term="Inflation" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Economy" /><category scheme="https://reason.com/latest/" term="Income" /><category scheme="https://reason.com/latest/" term="Reason Roundup" />		<summary type="html"><![CDATA[Plus: Cuba court case, Iran war vote, Knicks watch, and more...]]></summary>
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		<p><strong>Who's failing at frugality? </strong>Though it's sort of lame to bring online discourse into newsletter format, this made the rounds earlier this week and is worth pushing back on:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">This is bc they do not have the time or capacity to create home cooked meals. It's an issue countless ppl have tried to raise w leftists but big leftists online continue to shame/abuse poor ppl for being forced to rely on these services for meals, which act as a tax on the poor <a href="https://t.co/F3azUiucBJ">https://t.co/F3azUiucBJ</a></p>
<p>&mdash; Taylor Lorenz (@TaylorLorenz) <a href="https://twitter.com/TaylorLorenz/status/2057082971803337180?ref_src=twsrc%5Etfw">May 20, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>It's wrong on a few levels. Poor people are not "forced" to rely on food delivery. Something voluntarily chosen should not be described as "a tax on the poor." If poorer people are routinely choosing more expensive food delivery vs. cooking at home, then it is possible that they are partially to blame for their plight. But the actual truth of the chart matters, and it's suspect at best:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Ok, let's settle down folks, and let's care about sourcing, yeah? Turns out this is from credit card data from one British Columbia credit union that markets itself as championing progressive values. <br />You'll be much more informed in the era of AI if you use it to check stuff. <a href="https://t.co/IS1js7sqlh">https://t.co/IS1js7sqlh</a></p>
<p>&mdash; Scott Winship (@swinshi) <a href="https://twitter.com/swinshi/status/2057058803779010563?ref_src=twsrc%5Etfw">May 20, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>Many people have used this discourse cycle to argue that Gen Zers don't know how to scrimp and save and budget and grocery shop and cook and instead rot their brains watching three hours of TikTok a day. Others have argued that inability to cook for oneself is possibly more related to psychological problems than anything else (which is something I buy):</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">But if you regularly feel unable to cope enough to obtain basic foods and eat them, that&#39;s a psychiatric problem, not an economic one. You needn&#39;t even cook: open a can of tuna, add mayonnaise, microwave frozen peas; add extra veggies and deli chicken to pot noodles, etc.  2/</p>
<p>&mdash; Iona Italia, PhD (@IonaItalia) <a href="https://twitter.com/IonaItalia/status/2057605383611715888?ref_src=twsrc%5Etfw">May 21, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>A few months ago, Milan Singh and Josh Kalla from <em>The Argument </em>did <a href="https://www.theargumentmag.com/p/whos-really-ordering-all-that-doordash">crunch a bunch of data</a> "on food delivery spending from an anonymized dataset derived from a major debit and credit card-network panel that captures billions of transactions annually from 39 million individuals across hundreds of merchants," which they then merged "with population estimates from the American Community Survey's five-year microdata (from 2019 through 2023), which allowed us to calculate per-capita spending rates." They found that those who earn less than $50,000 tend to spend the most on food delivery and that these trends—when broken out by age, per their dataset—are actually more of a millennial phenomenon than a Zoomer one.</p>
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<div><span style="font-family: itc-slimbach, 'Times New Roman', serif;">"The people who order the most DoorDash aren't the very young; they're people in their early 30s to early 40s," Singh and Kalla </span><a style="font-family: itc-slimbach, 'Times New Roman', serif; background-color: #ffffff;" href="https://www.theargumentmag.com/p/whos-really-ordering-all-that-doordash">write</a><span style="font-family: itc-slimbach, 'Times New Roman', serif;">. "More specifically, they're people in their 30s and 40s who don't make very much money."</span></div>
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<p>It shouldn't be shocking that relatively low-income people in their 30s and 40s are often bad at delayed gratification. But some of them probably also perceive that scrimping and saving can be rather futile when the economy looks the way it does. Put differently:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">In general I think there&#39;s something fairly corrosive about living in a world where all material goods are extremely cheap compared to housing and healthcare, because it feels completely futile to be frugal on the small stuff. <a href="https://t.co/3RFAeGTF5o">https://t.co/3RFAeGTF5o</a></p>
<p>&mdash; Kelsey Piper (@KelseyTuoc) <a href="https://twitter.com/KelseyTuoc/status/2056777487611519193?ref_src=twsrc%5Etfw">May 19, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>This too:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">There are four major costs that are killing the American middle class, *regardless* of how well or poorly the economy is doing generally: healthcare, education, childcare, and housing.</p>
<p>When utilities and food spike, or unemployment goes up, that just takes people from barely&hellip; <a href="https://t.co/E11Pj6sFuj">https://t.co/E11Pj6sFuj</a></p>
<p>&mdash; Inez Stepman <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/26aa.png" alt="⚪" class="wp-smiley" style="height: 1em; max-height: 1em;" /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f534.png" alt="🔴" class="wp-smiley" style="height: 1em; max-height: 1em;" /><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/26aa.png" alt="⚪" class="wp-smiley" style="height: 1em; max-height: 1em;" /> (@InezFeltscher) <a href="https://twitter.com/InezFeltscher/status/2057204134324166787?ref_src=twsrc%5Etfw">May 20, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The decline in cooking at home might have to do with the fact that food prices have risen with inflation over the last few years, such that grocery shopping is no longer <em>as much of a deal</em> compared to pre-made food. And it might also have to do with choices surrounding family formation: Millennials have chosen to get married and start families way later in life than preceding generations, so the median 30-year-old might not have a family to cook for.</p>
<p>I don't think aggressively relying on food delivery if you're making under $50,000 a year is a <em>correct </em>choice, but it is a cultural phenomenon worth understanding for the ways it might galvanize political support for more handouts down the road.</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>A deep dive into Jalen Brunson's <a href="https://www.nytimes.com/athletic/7299755/2026/05/22/knicks-cavaliers-jalen-brunson-nba-playoffs-game-2/">beautiful ball-sharing</a> that helped the Knicks absolutely destroy the Cavaliers last night.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Where you watching the Knicks games? <a href="https://t.co/i5lNzYn6aq">pic.twitter.com/i5lNzYn6aq</a></p>
<p>&mdash; Nancy Rommelmann (@NancyRomm) <a href="https://twitter.com/NancyRomm/status/2057617974752608532?ref_src=twsrc%5Etfw">May 22, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"More than 65 years after the confiscation by Cuba's communist government of assets owned by U.S. businesses there, the Supreme Court on Thursday ruled in favor of a U.S. business that is seeking to recover for its losses under a 1996 law that targets the Cuban regime," <a href="https://www.scotusblog.com/2026/05/court-rules-against-cruise-lines-in-cuban-confiscation-case/">reports</a> <em>SCOTUSblog</em>. "By a vote of 8-1, <a style="background-color: #ffffff;" href="https://www.supremecourt.gov/opinions/25pdf/24-983_c07d.pdf">the justices ruled</a> in <a style="background-color: #ffffff;" href="https://www.scotusblog.com/cases/havana-docks-corporation-v-royal-caribbean-cruises-ltd/"><em>Havana Docks Corporation v. Royal Caribbean Cruises</em></a> that Havana Docks, a U.S. company that before 1960 had owned a right to use and operate the docks in the port of Havana, is potentially entitled to receive hundreds of millions of dollars for the use of the port by cruise lines between 2016 and 2019, even if the company's control of the docks would have expired in 2004."</li>
<li>This week, Republicans in the House <a href="https://apnews.com/article/iran-war-donald-trump-congress-vote-8038c7f9552186716d01f910d6a0d356">decided to cancel</a> a vote on a resolution introduced by Democrats that would have ended the war in Iran, because they did not have enough votes to defeat it.</li>
<li>Oura, the company that makes the Oura Ring, prepares to <a href="https://www.bloomberg.com/opinion/articles/2026-05-22/oura-ipo-smart-ring-maker-could-be-the-ai-david-among-the-goliath-ipos?srnd=homepage-americas">go public</a>. Oura Rings measure your steps, body temperature, and heart rate. I, for one, am watching the "fitness wearables" category and am very curious to see how this IPO goes.</li>
<li>NASCAR driver <a href="https://www.wsj.com/sports/nascar-champion-kyle-busch-dies-at-41-34848994?mod=wknd_pos1">Kyle Busch</a> just died at 41.</li>
<li>Stephen Colbert's show finally <a href="https://www.cbsnews.com/news/stephen-colbert-the-late-show-finale/">ended</a>. I'll shed no tears when boring late-night "comedy" TV <em>fully </em>dies.</li>
<li>Why have hotel rooms across price points <a href="https://www.bloomberg.com/features/2026-why-hotel-rooms-look-the-same/?srnd=homepage-americas">all started to look the same</a>? A quiz from <em>Bloomberg.</em></li>
</ul>
<p>The post <a href="https://reason.com/2026/05/22/who-abuses-food-delivery/">Who Abuses Food Delivery?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Law School Recommended Against Student's Bar Admission, Partly for Alleged "Celebration" of Charlie Kirk Assassination in Law School Clinic			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/law-school-recommended-against-students-bar-admission-partly-for-alleged-celebration-of-charlie-kirk-assassination-in-law-school-clinic/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383228</id>
		<updated>2026-05-22T02:46:21Z</updated>
		<published>2026-05-22T12:01:23Z</published>
			<category scheme="https://reason.com/latest/" term="Campus Free Speech" /><category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[The student sued seeking to undo the reprimand and report to the bar, but a federal court concluded that this particular remedy is barred by state sovereign immunity under the Eleventh Amendment/]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/law-school-recommended-against-students-bar-admission-partly-for-alleged-celebration-of-charlie-kirk-assassination-in-law-school-clinic/">
			<![CDATA[<p>From Judge Brantley Starr (N.D. Tex.) May 12 in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.418162/gov.uscourts.txnd.418162.27.0.pdf">Fisher v. Campbell</a></em>:</p>
<blockquote><p>This case stems from a Texas Tech University law student allegedly making a celebratory statement {in the clinic program offices} after Charlie Kirk's assassination while she was working at a legal clinic at the school. The school &hellip; reprimanded her and reported her to the state bar for acting unprofessionally, in violation of the school's honor code [on the grounds that she had] {"fail[ed] to uphold professional or fiduciary obligations including, but not limited to, performance related to clinical programs"}.</p></blockquote>
<p>The alleged celebratory statements were said to be:</p>
<blockquote><p>"I'm in such a good mood."</p>
<p>"That mother fucker got shot."</p>
<p>"I'm in the best mood ever."</p>
<p>"They got him."</p>
<p>"This is great."</p></blockquote>
<p>The student, Fisher, denied making those statements, and the <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.418162/gov.uscourts.txnd.418162.25.0.pdf#page=112">Honor Council report</a> that initially considered the matter appeared ambivalent. But the Dean concluded that Fisher had made such statements; here's an excerpt from his <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.418162/gov.uscourts.txnd.418162.25.0.pdf#page=88">letter to the bar</a>:</p>
<blockquote><p>The Dean's Office recommends against Ms. Ellen Fisher's admission to the Bar.</p>
<p>We do so for three related reasons. First, Ms. Fisher, as a clinical student with a supervised practice card, disrupted our clinical spaces with a celebration of a political assassination. Second, she has refused to take responsibility or show any remorse for her unprofessional actions. And, third, she has displayed dishonesty when discussing this incident in our Honor Code proceedings.</p></blockquote>
<p><span id="more-8383228"></span></p>
<blockquote><p>On September 10, 2025, Ms. Fisher celebrated a political assassination in the Law School's clinical suite during work hours. This occurred while Ms. Fisher was a clinical student with a supervised practice card and thus able to represent clients in our clinics under our professional supervision. The celebration was loud, overheard by others, and adversely affected the operation of the clinic.</p>
<p>Ms. Fisher's actions were unprofessional and also constitute a violation of the Law School's Honor Code, Section 2.H (Violation of Professional Duties), which prohibits "failing to uphold professional &hellip; obligations" related to "clinical programs." To state the obvious, we expect our clinical law students engaged in supervised practice under our supervision to display the same levels of professionalism in our clinical spaces that law firms expect from their attorneys in their law offices. The disruptive celebration of a political assassination in our clinical spaces is a reprehensible act radically inconsistent with widely recognized professional expectations in law firm spaces. Therefore, we also view this conduct as severe enough to constitute a violation of the Honor Code&hellip;.</p>
<p>The Dean's Office has 100% confidence in its fact-finding that Ms. Fisher celebrated an assassination in the clinical suite in a disruptive fashion on September 10, 2025. Notably, on September 16, Professor Metze's administrative appointment as a clinical director was terminated and he was given modified instructional duties with limited student contact precisely because of his admitted failure to take any steps to correct Ms. Fisher's celebration of a murder in his office. Professor Metze later retired from the law faculty at the end of calendar year 2025 in the face of further disciplinary proceedings supported by Texas Tech University and the Texas Tech University System for this same admitted failure to perform basic job responsibilities on September 10.</p>
<p>At no point, to my knowledge, during his employment with TTU did Professor Metze ever retract his admission that Ms. Fisher celebrated a murder in his office on September 10, though he would later claim that he could no longer recall details of what happened that day when the Honor Code investigation of Ms. Fisher began. Professor Terri Morgeson continues to corroborate Professor Metze's account, confirming Ms. Fisher's misconduct.</p>
<p>The Honor Council majority found by clear and convincing evidence that Ms. Fisher celebrated a murder in the <em>hallway</em> of our clinical suite. The Honor Council did not find by clear and convincing evidence that Ms. Fisher also celebrated the murder in Professor Metze's <em>office</em>, though a majority seem to agree that a celebration of the murder did take place in that office.</p>
<p>The Dean's Office concurs in the Council's finding on the disruptive hallway murder celebration but believes the Council reached the wrong result on the question of the disruptive office murder celebration. The Dean's Office believes the Council reached the wrong result principally because it failed to follow a recommendation from the Dean's Office on which witnesses should be called to testify and thus failed to hear from crucial witnesses who would have provided important testimony on this point. Significantly, in our inquisitorial process, the Honor Council must call all relevant witnesses since there is no "prosecutor" to rely on to present a case for responsibility. The Dean's Office continues to believe that Professor Metze's admissions and Professor Morgeson's detailed corroboration establish that Ms. Fisher celebrated a murder not just in the clinical hallway but also in Professor Metze's clinical office&hellip;.</p>
<p>Notably, Ms. Fisher has refused to take responsibility for any of her misconduct or express any form of remorse for it. Instead, she has responded with repeated acts of dishonesty in an effort to avoid accountability, denying that the disruptive conduct in both the clinical hallway and the clinical office took place.</p>
<p>As we all know, often "the cover-up is worse than the crime." Had Ms. Fisher taken responsibility for her disruptive misconduct and expressed remorse rather than respond with repeated falsehoods, we would be offering a different recommendation today on her admission to the Bar. I will also note that Ms. Fisher has received an extraordinary degree of grace from our Honor Council in both its fact-finding and in its recommended sanction, which, frankly, in my opinion, she does not deserve, given her dishonesty, and which will only further reinforce her lack of character and fitness for the practice of law.</p></blockquote>
<p>Fisher sought an injunction "to prevent Dean Nowlin from entering a reprimand and annul all disciplinary action against her," but the court held that such a request was precluded by state sovereign immunity:</p>
<blockquote><p>"Sovereign immunity bars private suits against nonconsenting states in federal courts." And state sovereign immunity also "precludes suits against state officials in their official capacities."</p>
<p>That said, there are two primary exceptions. "First, Congress may expressly abrogate state sovereign immunity." And second, <em>Ex parte Young</em> "permits suits for prospective &hellip; relief against state officials acting in violation of federal law." "Here, Congress has not abrogated Texas's sovereign immunity, and the State has not consented to suit. <em>Young</em> is the whole ballgame."</p>
<p>The Fifth Circuit has explained that "<em>Ex parte Young</em> created a narrow doorway through the sovereign immunity defense" and "[t]o turn the key on the <em>Ex parte Young</em> door, a plaintiff must sue the right defendants and ask for the right remedy."</p>
<p>First, the right defendants. To be the right defendants under <em>Ex parte Young</em>, the individuals must be "officers of the state &hellip; clothed with some duty in regard to the enforcement of the laws of the state &hellip; who threaten and are about to commence proceedings, either of a civil or criminal nature." In short, the defendant "must have some connection with the enforcement of the law being challenged." &hellip; [T]he official must have "more than the general duty to see that the laws of the state are implemented"; it must be a "particular duty to enforce the statute in question"; the official must have "demonstrated willingness to exercise that duty"; and "the state official, through her conduct, compels or constrains persons to obey the challenged law." Even so, plaintiffs "need only show a scintilla of enforcement by the relevant state official." &hellip;</p>
<p>[T]he only defendants who have even a scintilla of enforcement authority to effectuate this relief are Dean Nowlin, who sent the reprimand to the Texas Board of Law Examiners; Dean Gonzales, who has appellate review of Honor Code violations; and the Board of Regents&hellip;.</p>
<p>Second, the right remedy. <em>Ex parte Young</em>'s narrow carveout permits courts to "command[ ] a state official to do nothing more than refrain from violating federal law." So the doctrine is limited to "prospective relief to stop future harms." It "does not permit judgments against state officers declaring that they violated federal law in the past." Nor can it be used to attack or undo a state official's past actions.</p>
<p>Accordingly, injunctions that are packaged as prospective relief but require "the voiding of a final state" official's action are "quintessentially retrospective and thus out of bounds under <em>Young.</em>" &hellip;</p>
<p>Fisher &hellip; seeks two remedies: (1) an injunction annulling the defendants' disciplinary action against her and (2) enjoining the defendants to inform the Texas Board of Law Examiners that any and all disciplinary outcomes against Fisher are officially retracted.</p>
<p>Like invalidating or voiding a state agency order, annulling defendants' past disciplinary action against Fisher is "quintessentially retrospective." Namely, to annul is to "declare or make legally invalid or void." Thus an annulment can only reach what has been, not what will be. To conclude otherwise would impermissibly conflate retroactive and prospective relief. So her first remedy it is "out of bounds under <em>Young.</em>"</p>
<p>Because the Court lacks jurisdiction to order Dean Nowlin, Dean Gonzales, and the Board of Regents to annul the past action, it cannot order them to tell the Texas Board of Law Examiners that they have done so. Such would be a lie. That too is barred by <em>Ex parte Young. </em>{The Texas Board of Law Examiners is owed the truth. And our dues. But maybe not sovereign immunity anymore under <em>Galette v. New Jersey Transit Co.</em>, 607 U.S. --- (2026).}</p>
<p>In sum, <em>Ex parte Young</em>'s narrow doorway is locked to Fisher as to these requests.</p>
<p>Fisher argues that her injunction is warranted to return this case to "the last uncontested status of parties." For example, in <em>Doe v. Texas Christian University</em>, the learned Judge O'Connor issued a temporary restraining order against TCU that ended a suspension.</p>
<p>Suspensions and reprimands are different, as are Title IX and the First Amendment. <em>Doe</em> centered on a Title IX claim, and Congress abrogated the States' Eleventh Amendment immunity for purposes of Title IX. Section 1983 does not do to the states what Title IX does. Besides, suspending a student is a continuing course of conduct. And the courts under <em>Ex parte Young</em> can enjoin the future action of continuing a suspension. But there is no future action with a reprimand.</p>
<p>Likewise, <em>Shah v. University of Texas Southwestern Medical School</em>—which Fisher does not cite—is inapplicable. In <em>Shah</em>, a medical student was dismissed, sued UT Southwestern alleging his dismissal was unlawful, and asked for preliminary injunctive relief because Shah feared UT Southwestern would disclose Shah's disciplinary record to the other medical schools he was applying to. On that record, Judge Fitzwater granted preliminary injunctive relief because there was "an imminent threat that defendants will disseminate" Shah's disciplinary record to third parties and "send notice to the schools that he was dismissed." The future issue was not focused on harm to the plaintiff's reputation but rather on conduct of the school.</p>
<p>But here, Dean Nowlin has already informed the Texas Board of Law Examiners and State Bar of Texas about the reprimand. The Defendants' conduct has already occurred. So there is no future or ongoing action by the Defendants to enjoin.</p>
<p>The Eleventh Amendment's jurisdictional bar therefore remains as to the relief Fisher seeks in this motion.</p>
<p>But the Court must note that circumstances might change. It is possible the Defendants would take future action (like suspending Fisher or preventing her from graduating) that Fisher might believe to be unlawful. Some of those actions might fit within—instead of fight—<em>Ex parte Young.</em> But no such request is before the Court. Nor is there any indication that those harms are forthcoming. For that reason, the Court lacks jurisdiction over this motion and "cannot proceed at all" on the requested injunctive relief&hellip;.</p>
<p>This does not mean that Fisher has no case. Under section 1983, she may still seek monetary damages against the individual defendants. {And this is a separate reason why the Court will not issue injunctive relief to preserve the last uncontested status quo. As Judge O'Connor has explained, injunctive relief is necessary when preserving the last uncontested status quo if it is the only way to "prevent irreparable injury <em>so as to preserve the court's ability to render a meaningful decision on the merits.</em>" Despite the fact that more money has been known to cause more problems, money is still a meaningful remedy that precludes the need for injunctive relief here.}</p>
<p>"Federal courts are courts of limited jurisdiction." They are not the courts of universal justice. Accordingly, the Court may only act where the Constitution or a statute permit it. Here, the Eleventh Amendment prohibits Fisher's requested relief, so the Court <strong>DENIES</strong> the motion for a temporary restraining order and preliminary injunction.</p></blockquote>
<p>I don't have much of an opinion on the Eleventh Amendment question. But I am quite troubled by the law school's actions here.</p>
<p>Even if you do agree that the student did engage in "disrupti[ve]" and "unprofessional" speech, consider just how broad law schools' authority would be on that standard. Nothing in the standard would be limited to celebrating assassinations, or praising violence more broadly: A wide range of speech on contested matters—race, sex, religion, sexual orientation, gender identity, abortion, affirmative action, and more—may be seen by some as disruptive and unprofessional. It's easy to imagine some students, faculty members, and deans so labeling, for instance, celebration of a court decision or election result that they see as racist or anti-trans or Islamophobic or what have you. That's not a standard, I think, that's compatible with the First Amendment rights of students in public universities.</p>
<p>Perhaps a clinic ought to have some authority to eject students (essentially firing them as employees) based on disruptive or unprofessional speech in its offices, just as law firms would generally have such authority. I'm not sure how far that would extend, since even that power can easily be abused and is quite dangerous in what is after all primarily a higher educational institution, not an ordinary law firm. But even assuming such a power, that still doesn't justify recommending that the student be denied a license to practice, which would keep her from working in any law firm, whatever its ideological views.</p>
<p>Finally, I appreciate that one of the three reasons given for the recommendation is that the Dean viewed her as dishonest in the investigation. But the report makes clear that this was just one of the reasons; and the focus on the other reasons shows that she likely wouldn't have been treated that way based on dishonesty in some other context, in the absence of her statements about the Kirk killing.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/law-school-recommended-against-students-bar-admission-partly-for-alleged-celebration-of-charlie-kirk-assassination-in-law-school-clinic/">Law School Recommended Against Student&#039;s Bar Admission, Partly for Alleged &quot;Celebration&quot; of Charlie Kirk Assassination in Law School Clinic</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 Republican Party Is Nothing More Than a Cult of Trump			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/the-republican-party-is-nothing-more-than-a-cult-of-trump/" />
		<id>https://reason.com/?p=8383059</id>
		<updated>2026-05-21T18:19:37Z</updated>
		<published>2026-05-22T11:00:47Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Partisanship" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[The GOP has shifted from endorsing conservative ideas to embodying the whims of one man.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/the-republican-party-is-nothing-more-than-a-cult-of-trump/">
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		<p>The Republican Party is dead. Long live the party of Trump, which wears the GOP like a skin suit.</p>
<p>On Tuesday, President Donald Trump <a href="https://reason.com/2026/05/19/thomas-massie-loses-proving-that-deficit-hawks-and-foreign-policy-doves-arent-welcome-in-trumps-gop/">took down libertarian-leaning Rep. Thomas Massie (R–Ky.)</a>, to whom he'd taken such a profound dislike that he backed a primary challenger in the form of MAGA stalwart Ed Gallrein. Massie was highly ranked for his voting record by conservative organizations, but so were other candidates Trump pushed out of office—and out of the party. In truth, it's been years since the Republican Party was a conservative organization; these days it's a cult of personality around the president.</p>

<h1>Trump Turns on 'Unreliable' Members of His Own Party</h1>
<p>"Tom Massie of Kentucky, the worst and most unreliable Republican Congressman in the history of our Country, is an even bigger insult to our Nation than Senator Bill Cassidy of Louisiana," President Trump <a href="https://x.com/TrumpTruthOnX/status/2055871487643652282">snarked</a> on May 17. That was the day Cassidy <a href="https://www.cnn.com/2026/05/17/politics/takeaways-louisiana-senate-primary-bill-cassidy-donald-trump/">lost</a> his state's Republican Senate primary to Trump-backed challenger Rep. Julia Letlow and State Treasurer John Fleming, who now head to a runoff.</p>
<p>By that point, Trump-backed primary challengers had already <a href="https://thehill.com/homenews/campaign/5863653-indiana-state-senate-trump-challengers-win/">turned out</a> five Republican Indiana state senators who resisted the president's drive to gerrymander congressional districts to gain advantage in this year's midterm congressional elections.</p>
<p>"Good luck to those Great Indiana Senate Candidates who are running against people who couldn't care less about our Country, or about keeping the Majority in Congress," the president <a href="https://truthsocial.com/@realDonaldTrump/posts/116523502202612088">posted</a> on Truth Social prior to release of the Indiana results. "There are eight Great Patriots running against long seated RINOS — Let's see how those RINOS do tonight!"</p>
<p>Massie in turn lost this week to Gallrein, who was backed 54.8 percent to 45.2 percent by Republican primary voters responding to the president's call. Massie had won 99.6 percent of the general election vote in his district in 2024, 65 percent in 2022, and 67 percent in 2020, <a href="https://ballotpedia.org/Thomas_Massie">according</a> to BallotPedia. He was popular until dismissed by Trump, who won 64.5 percent of Kentucky votes in 2024.</p>
<h1>When Personal Loyalty Overshadows Principles</h1>
<p>Like Cassidy, Massie seemed like a good fit for a nominally conservative political party. Cassidy had a <a href="http://ratings.conservative.org/people/C001075">lifetime rating of 79.97</a> out of 100 from the Conservative Political Action Conference (CPAC). He defeated Democrat Mary Landrieu for the seat in 2014 with 55.9 percent of the vote, then took 59.3 percent in his 2020 reelection effort, <a href="https://ballotpedia.org/Bill_Cassidy">reports</a> BallotPedia.</p>
<p>But Cassidy was a Republican before he was a Trump supporter. After <a href="https://www.cassidy.senate.gov/newsroom/press-releases/cassidy-to-vote-for-acquitting-president-trump/">voting to acquit</a> Trump during the first impeachment effort against him in 2020, he <a href="https://www.cassidy.senate.gov/newsroom/press-releases/cassidy-votes-to-convict-president-donald-trump/">voted (unsuccessfully) for conviction</a> in 2021 following the January 6 riot by the then-outgoing president's supporters.</p>
<p>"Our Constitution and our country is more important than any one person. I voted to convict President Trump because he is guilty," Sen. Cassidy commented at the time.</p>
<p>That lack of personal loyalty gained the Louisiana senator the eternal hatred of the thin-skinned Trump.</p>
<p>Massie's CPAC score is even more impressive, from the perspective of old-fashioned Republican politics, at a <a href="http://ratings.conservative.org/people/M001184">lifetime rating of 92.26</a>. His strongest issue, according to CPAC, is taxes, budget, and spending, on which he holds a score of 100 percent.</p>
<p>But like fellow Kentucky Republican Sen. Rand Paul, who has <a href="https://www.whas11.com/video/news/local/trump-attacks-rand-paul-for-supporting-venezuela-war-powers-act/417-82a061c3-dc8c-469f-93f6-b41b34c882d1">also drawn Trump's wrath</a>, Massie has a libertarian streak. He generally supports limited government, restraint on the executive branch, and a non-interventionist foreign policy, even when that's inconvenient for a president from his own party.</p>
<p>At one time, that would have earned respect from peers as a matter of adherence to principles over political convenience. It would have annoyed some within his party, but given that those principles are largely ones they allegedly share, his clashes with GOP leadership wouldn't have been career-killers.</p>
<p>In fact, Massie held a seat on the powerful House Rules Committee until early 2025. He was <a href="https://www.axios.com/2025/01/14/mike-johnson-thomas-massie-rules-committee">booted off</a> last year after crossing the increasingly Trump aligned GOP leadership.</p>
<p>Trump is hardly done with his efforts to purge Republican lawmakers who show anything other than complete loyalty to his leadership of the Republican Party. Next up is Sen. John Cornyn (R–Texas) who has an <a href="http://ratings.conservative.org/people/C001056">86.63 CPAC lifetime score</a> and has held office since 2002. But, <a href="https://www.texastribune.org/2026/05/19/donald-trump-ken-paxton-endorsement-texas-senate-gop-primary-runoff-cornyn/">complains</a> Trump, "John was very late in backing me in what turned out to be a Historic Run for the Republican Nomination."</p>
<p>Instead, the president favors Texas Attorney General Ken Paxton, who has been ensnared in <a href="https://www.houstonchronicle.com/projects/politics/ken-paxton-allegations/">several scandals</a>, including allegations of security fraud. He may win the nomination only to lose the seat. But, importantly, the president <a href="https://truthsocial.com/@realDonaldTrump/posts/116602192066577324">describes</a> him as "someone who has always been extremely loyal to me and our AMAZING MAGA MOVEMENT."</p>
<h1>A Cult of Personality With a Peronist Future</h1>
<p>Loyalty to the president keeps popping up because, as conservative commentator George Will <a href="https://www.mediaite.com/media/tv/george-will-the-republican-partys-become-a-cult/">pointed out</a> in 2019, the GOP has "become a cult" centered around Donald Trump. Its beliefs are whatever the party leader says, even if that means rejecting free trade in favor of protectionism and dumping free markets for state ownership of industry. "Trump's Republicans agree with the 'opposition' progressive Democrats that the government should be running the economy," I <a href="https://reason.com/2026/01/14/trump-vs-free-markets/">wrote</a> in January.</p>
<p>The embrace of whim-driven state control explains why the president and New York's left-wing Mayor Zohran Mamdani could <a href="https://reason.com/2025/11/26/zohran-mamdani-and-donald-trump-prove-that-there-are-two-paths-toward-socialism/">so easily find common ground</a> when they met last November. Mamdani is a socialist by expressed choice, while Trump is one when it suits him. That doesn't mean they're on the same side of all issues, but they both like top-down decision making so long as they're at the top.</p>
<p>That the GOP is now little more than an expression of Donald Trump's will holds real risks for the party's future. For one thing, the president is unpopular, with an <a href="https://www.realclearpolling.com/polls/approval/donald-trump/approval-rating">average approval rating of 39.4 percent</a> and 58.5 percent disapproval. Linking Republican candidates' fates to his is like cutting loose an anchor and holding fast to it as it sinks into the depths (countered only by <a href="https://reason.com/2024/11/20/democrats-did-themselves-no-favors-by-veering-hard-to-the-left/">Democrats' own authoritarian lunacy</a>).</p>
<p>Then there's Trump's advanced age; he turns 80 next month. After he leaves the scene, a party that has reshaped itself as an extension of him will be hard-pressed to define itself in his absence. It's in danger of becoming a U.S. version of Argentina's <a href="https://www.britannica.com/topic/Peronist">Peronist</a> party, forever asking itself "what would the former strongman do" while waiting to be pushed aside by an American Javier Milei with fresh ideas.</p>
<p>But fading into irrelevance is what a political movement risks when it becomes a cult built around one man. Its prospects rise and fall with those of single fallible and temporary figure.</p>
<p>The post <a href="https://reason.com/2026/05/22/the-republican-party-is-nothing-more-than-a-cult-of-trump/">The Republican Party Is Nothing More Than a Cult of Trump</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[BONNIE CASH/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Rep. Thomas Massie (R–Ky.) and Sen. Bill Cassidy (R–La.)]]></media:description>
		<media:title><![CDATA[thomas-massie-bill-cassidy]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 22, 1807			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/today-in-supreme-court-history-may-22-1807-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8331823</id>
		<updated>2025-05-22T03:25:39Z</updated>
		<published>2026-05-22T11:00:38Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/22/1807: Aaron Burr is indicted on charges of treason. Chief Justice John Marshall would preside over Burr's trial.
The post Today in Supreme Court History: May 22, 1807 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/today-in-supreme-court-history-may-22-1807-7/">
			<![CDATA[<p>5/22/1807: Aaron Burr is indicted on charges of treason. Chief Justice John Marshall would preside over Burr's trial.</p> <figure id="attachment_8053021" aria-describedby="caption-attachment-8053021" style="width: 221px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8053021 size-medium" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/Aaron-Burr-221x300.jpg" alt="" width="221" height="300" srcset="https://reason.com/wp-content/uploads/2020/03/Aaron-Burr-221x300.jpg 221w, https://reason.com/wp-content/uploads/2020/03/Aaron-Burr.jpg 753w" sizes="(max-width: 221px) 100vw, 221px" /><figcaption id="caption-attachment-8053021" class="wp-caption-text">Aaron Burr</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/05/22/today-in-supreme-court-history-may-22-1807-7/">Today in Supreme Court History: May 22, 1807</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Jeff Luse</name>
							<uri>https://reason.com/people/jeff-luse/</uri>
						<email>jeff.luse@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Review: A Sci-Fi War Movie About the Pentagon's Inscrutable Budget			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/war-machine-2/" />
		<id>https://reason.com/?p=8378659</id>
		<updated>2026-04-27T13:18:00Z</updated>
		<published>2026-05-22T10:30:16Z</published>
			<category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Military" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Netflix" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" />		<summary type="html"><![CDATA[The Pentagon's budget is so vast that a soldier believes the extraterrestrial machine shooting lasers at them might be taxpayer–funded.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/22/war-machine-2/">
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		<p>Amid a lot of patriotic rah-rah, predictable writing, and subpar acting, the Netflix movie <em>War Machine </em>manages to convey at least one interesting point about America's bloated military budget.</p>
<p>Director Patrick Hughes' film stars Alan Ritchson as an Army staff sergeant who watches his brother get killed in action in Afghanistan. The death inspires Ritchson's character to honor a pact he made with his brother and become an Army Ranger himself.</p>
<p>To graduate from Ranger School, Ritchson and the other final candidates must complete a mission together in the wilderness—a mission that goes awry when a strange, robotlike machine appears from outer space and begins eviscerating the team with lasers.</p>
<p>Much of the ensuing action is quite improbable, but one realistic moment stands out. As the candidates speculate about the origin of their sci-fi opponent, one prospective Ranger suggests that the machine must be a military R&amp;D project. That's right: The Pentagon's budget is so vast and obscure that a soldier believes it's conceivable the extraterrestrial machine <em>shooting lasers</em> at them is American taxpayer–funded.</p>
<p>Honestly, who can blame him? It took the Pentagon 28 years to comply with a federal law requiring federal agencies to produce annual financial statements, and it still has yet to pass an audit. (The Defense Department will take its 11th swing at a complete audit in 2028.) But this hasn't stopped the Pentagon from spending millions of dollars on things that don't protect national security, including misinformation campaigns for Arab dictators and technology that has been used to track U.S. citizens.</p>
<p>Despite its corniness, <em>War Machine</em> is an entertaining watch that asks an important question: Should we be surprised if the military did create a laser-shooting robot?</p>
<p>The post <a href="https://reason.com/2026/05/22/war-machine-2/">Review: A Sci-Fi War Movie About the Pentagon&#039;s Inscrutable Budget</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: War Machine/Netflix]]></media:credit>
		<media:title><![CDATA[miniswarmachine]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				Review: A Victim of Chinese Authoritarianism Explains Censorship and Surveillance			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/on-censorship/" />
		<id>https://reason.com/?p=8378646</id>
		<updated>2026-04-27T13:14:47Z</updated>
		<published>2026-05-22T10:00:07Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="book" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" />		<summary type="html"><![CDATA["A primary aim of censorship is to normalize itself," Ai Weiwei writes in his new book On Censorship.]]></summary>
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		<p>After becoming the target of police harassment, the Chinese artist and journalist Ai Weiwei left his homeland for good in 2015. In a new book, <a href="https://www.amazon.com/exec/obidos/ASIN/0500030820/reasonmagazinea-20/"><em>On Censorship</em></a>, he writes about how censorship and surveillance go hand in hand. Like a dealer who can see all the cards, Ai argues, an all-seeing government has an "absolute advantage" over dissidents.</p>
<p>The nexus between surveillance and censorship has a psychological aspect as well. "A primary aim of censorship is to normalize itself, to present itself as natural and essential," Ai warns. He cites an ancient Chinese saying that "the great affairs of the state are worship and military bases," drawing a straight line from "worship" to modern-day taboos of political correctness.</p>
<p>Ai's new book is not just about Chinese repression. It also warns about censorship around the world. In "ostensibly democratic societies," he writes, censorship is "more covert, more deceptive, and more corrosive."</p>
<p>The examples he cites defy the left-right political spectrum. Ai points to the crackdown on pro-Palestinian college students and the U.S. government's attempts to create uncertainty around civilian casualties in Gaza. He also recalls the cancellation he faced after meeting with Alice Weidel, the head of an anti-Islam, anti-immigration party in Germany. The instinct to suppress speech is present almost everywhere.</p>
<p>Does that mean the censors are winning? The tone of <em>On Censorship </em>seems pessimistic at points. But Ai's own life story shows that it's possible to get the better of the censor. If <em>he</em> has been able to chart a liberated path for himself—even at a great personal cost—then Americans facing far less risk can too.</p>
<p>The post <a href="https://reason.com/2026/05/22/on-censorship/">Review: A Victim of Chinese Authoritarianism Explains Censorship and Surveillance</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Thames & Hudson]]></media:credit>
		<media:title><![CDATA[minisOnCensorship]]></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: Follow You Home			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/22/brickbat-follow-you-home/" />
		<id>https://reason.com/?p=8382270</id>
		<updated>2026-05-19T15:48:50Z</updated>
		<published>2026-05-22T08:00:34Z</published>
			<category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[Police in Arlington, Texas, arrested a fellow officer who allegedly sexually assaulted a woman he met while responding to a&#8230;
The post Brickbat: Follow You Home appeared first on Reason.com.
]]></summary>
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		<p>Police in Arlington, Texas, <a href="https://www.nbcdfw.com/news/local/arlington-pd-arrests-one-of-their-own-officers-for-sexual-assault-charge/4022539/">arrested</a> a fellow officer who allegedly sexually assaulted a woman he met while responding to a call for help at her home. Investigators say Officer Derreck Dean returned to the woman's house three times while on duty, even though there were no calls for service, and that he covered his body camera during all three visits. One of those visits allegedly involved inappropriate sexual contact. Dean now faces charges including sexual assault and oppression. The Arlington Police Department placed him on administrative leave during the investigation and said it is looking into whether there may have been other cases of misconduct.</p>
<p>The post <a href="https://reason.com/2026/05/22/brickbat-follow-you-home/">Brickbat: Follow You Home</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[Derreck-Dean-arrest-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/open-thread-212/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8382927</id>
		<updated>2026-05-22T07:00:00Z</updated>
		<published>2026-05-22T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/open-thread-212/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/22/open-thread-212/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383236</id>
		<updated>2026-05-22T05:46:49Z</updated>
		<published>2026-05-22T05:46:49Z</published>
					<summary type="html"><![CDATA[It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/">
			<![CDATA[<p>On Thursday, the Court DIG'd <a href="https://www.supremecourt.gov/opinions/25pdf/24-872_ec8f.pdf"><em>Hamm v. Smith</em></a>, a messy death penalty case that has been going on for three decades. Several things are unusual about this ham-handed DIG. Indeed, it is possible that Justice Alito lost the majority opinion.</p>
<p>First, more than five months elapsed between oral argument in December and the DIG in May. This is an exceptionally long time for a DIG. Usually when a case presents vehicle problems, there are questions at oral argument about it. But I didn't see any clear signs at OA that a DIG might be in the cards. Moreover, these sorts of long-term DIGs usually are unanimous, or close to it, in which case there are no separate writings. But here, there was a lengthy concurrence from Justice Sotomayor, a dissent by Justice Thomas, and a dissent by Justice Alito, joined by three others.  My guess is that there was a majority to reverse at conference, but that majority fell apart.</p>
<p>Second, Justice Alito's dissent from the DIG was joined by Justice Thomas in whole, but Chief Justice Roberts and Justice Gorsuch did not join Part II. The Chief is almost never in dissent--especially in a case of this magnitude. It seems more likely to me that the Chief would have assigned this majority opinion to Justice Alito after the conference, and then when the majority fell apart, the Chief didn't jump ship. Perhaps Alito had already made changes to his opinion to assuage the Chief.</p>
<p>Third, in the December sitting, there were eight argued cases. So far, opinions have been authored in four of them by Justices Thomas, Kagan, Gorsuch, Jackson. The DIG in <em>Hamm</em> is, as per custom, unsigned. But someone would have had a the majority after conference. There are three remaining cases. I am fairly confident that Chief Justice Roberts will write the majority opinion in <em>Slaughter</em>. The other two cases are <em>NRSC v. FEC</em> and <em>FS Credit Opportunities Corp. v. Saba Capital Master Fund</em> (involves the Investment Company Act). If Justice Alito authors either of these cases, my theory falls apart. But if Justice Kavanaugh, for example, writes the campaign finance case, and Justice Sotomayor gets the (boring) investment case, that keeps my theory viable.</p>
<p>Fourth, parts of Justice Alito's dissent reads like a majority opinion. It is more than twenty pages long, and spend some time walking through the doctrine. There is also a really detailed study of statistics--a topic that usually does not come easily to lawyers. If this was just a dissent from a DIG, I don't think this level of detail was need for what is basically a one-off case.</p>
<p>Fifth, there is some language in Justice Alito's dissent that casts aspersion on the majority--in particular Justices Kagan, Kavanaugh, and Barrett who chose not to write. Alito charge:</p>
<blockquote><p>The Court nonetheless dismisses this opportunity to provide much-needed guidance to lower courts, even though six Justices stake out a position on whether the decision below is correct. See ante, at 13 (SOTOMAYOR, J., joined by JACKSON, J., concurring).</p></blockquote>
<p>In other words, if six members of the Court opine on the issue, that ought to be enough to settle the case on the merits. Certainly the other three Justices could have picked a camp. But they didn't. They remained silent.</p>
<p>Justice Alito takes things a step further. In the introductory section, he suggests the majority lacks (<strong>trigger warning</strong>) <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4012126">courage</a> by shying away from its duties:</p>
<blockquote><p>I respectfully dissent from the Court's decision to leave this important question unanswered. At the very least, we should reverse the lower courts' erroneous analysis of Smith's scores and remand for a fresh consideration of his Atkins claim using any sound method. Even if our decision went no further, we would provide clarity and coherence to one aspect of our Atkins doctrine. <strong>Instead, the Court shies away from its obligation</strong> to provide workable rules for capital cases. In doing so, the Court disserves its own death-penalty jurisprudence, States' criminal-justice systems, lower courts, and victims of horrific murders.</p></blockquote>
<p>Alito repeats this charge in the concluding section:</p>
<blockquote><p>By instead remaining silent, the Court exacerbates the confusion that plagues our jurisprudence in this area. If this Court <strong>continues to shy away</strong> from opportunities to provide workable doctrine, we should not be surprised if petitions asking us to overrule Atkins, Hall, and Moore arrive at our doorsteps soon.</p></blockquote>
<p>Alito <a href="https://www.civitasinstitute.org/research/trump-must-pick-judges-who-have-publicly-demonstrated-their-courage">often makes this charge</a> of "shying away" from difficult issues. This attack has to be directed at Justices Kavanaugh and Barrett in particular. You might think that the Chief Justice joined this barb, but I don't think he did. Roberts only joined Parts I, III, and IV. The "shies away" line appears in the prefatory material before Part I and the concluding material after the three asterisks. We cannot ascribe these claims to the Chief. Still, Roberts did not need to signal his vote here at all, given the DIG, but chose to.</p>
<p>Sixth, it isn't clear what happened here. What spooked out Justices Kavanaugh and Barrett? Perhaps Justice Kagan (who was awfully quiet) found some reason to avoid deciding the case? Maybe they realized this dispute was so unusual--given the multiple IQ tests--and was unlikely to repeat, that they just let it go without setting another precedent? Maybe they just didn't want to decide this case this term? Of the three Trump appointees, Justice Barrett has been the most willing to find for capital defendants. In 2021, Barrett joined the liberals in blocking the execution in <a href="https://www.scotusblog.com/cases/dunn-v-smith/">Dunn v. Smith</a>. Both Barrett and Kavanaugh ruled for Richard Glossip (who is actually now on bail).</p>
<p>After all of these years of litigation, two trips to the Supreme Court, extended briefing, and oral argument, a DIG is so unsatisfying. Justice Alito stated this point well:</p>
<blockquote><p>The crux of JUSTICE SOTOMAYOR's stance appears to be that the Court erred by granting certiorari on the question as formulated by the United States. Ante, at 7. But this petition-stage gripe is no reason to dismiss the case a year later. The parties and amici—not to mention Members of this Court—devoted substantial resources to this case and thoroughly addressed the question presented, and that question is dispositive to the judgment below.</p></blockquote>
<p>Here, the Court really needed to tinker with the machinery of death, but instead, the DIG hands an undeserved victory to the abolitionists.</p>
<p>This year, <em>Greg v. Georgia</em> celebrates its fiftieth anniversary. What a mistake the entire line of cases has become. Let me commend Craig Lerner's excellent essay in <a href="https://www.civitasoutlook.com/research/struck-by-lightning-fifty-years-later-the-courts-broken-promise-on-the-death-penalty-a04b1b0b-5928-4823-a976-e1be85bba05f"><em>Civitas</em></a> and urge the Court to get out of the micromanagement of the death penalty, a doctrine that has no bearing in the original meaning of the Constitution. The Court has already <a href="https://reason.com/volokh/2025/10/01/reversing-the-burger-court/">extricated the judiciary from other terrible Burger Court precedents</a>: <em>Roe</em>, <em>Lemon</em>, <em>Abood</em>, <em>Bakke</em>, <em>Gingles</em>, <em>United States v. Nixon</em>, <em>TWA v. Hardison</em>, <em>Chevron</em>, <em>Apodaca</em>, <em>Nevada v. Hall</em>, <em>Williamson County</em>, <em>Davis v. Bandemer</em>, and more. Add the "evolving standards of decency" test to that ash heap.  And while they're at it, the Court should <a href="https://www.civitasoutlook.com/research/trump-refights-the-war-that-congress-and-the-burger-court-waged-against-president-nixons-tapes-7aa1c348-8bab-4499-b16e-5acecd2d00fc">overrule <em>Nixon v. GSA</em></a>, get rid of the bad parts of <a href="https://www.civitasinstitute.org/research/trump-is-refighting-the-war-that-congress-and-the-burger-court-waged-against-president-nixon"><em>Buckley v. Valeo</em></a>, and eliminate the awful <em>Penn Central</em> test, as <a href="https://www.civitasoutlook.com/research/the-curse-of-penn-central-91ef792c-d26c-4a5a-8f2c-6fbea3f6cf17">Richard Epstein reminds us</a>. There is so much work to be done.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/">Did Justice Alito Lose The Majority Opinion In &lt;i&gt;Hamm v. Smith&lt;/i&gt;?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/video-of-my-bruno-leoni-institute-milan-talk-on-the-supreme-court-tariff-decision-and-its-implications/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383224</id>
		<updated>2026-05-22T00:18:53Z</updated>
		<published>2026-05-22T00:04:23Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Rule of law" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Emergency Powers" /><category scheme="https://reason.com/latest/" term="Free Trade" />		<summary type="html"><![CDATA[I gave the talk earlier this week.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/video-of-my-bruno-leoni-institute-milan-talk-on-the-supreme-court-tariff-decision-and-its-implications/">
			<![CDATA[<p>During my recent trip to Italy, I did a talk on "The Legal Battle Against Trump's Tariffs" at the Bruno Leoni Institute in Milan. BLI is a leading Italian libertarian/classical liberal think tank. I covered the legal issues in the case, currently ongoing litigation over Trump's new Section 122 tariffs, and also some broader implications for emergency powers, the rule of law, executive power, and other issues - including some points specifically relevant to European.</p>
<p>The video of the event is available below. The first 3-4 minutes (in which Italian political scientist Alberto Mingardi, Director General of the Bruno Leoni Institute, introduces me), are in Italian. But my talk and the Q&amp;A session are in English.</p>
<p><iframe loading="lazy" title="La sfida legale ai dazi di Trump. Con Ilya Somin - I Webinar di IBL" width="500" height="281" src="https://www.youtube.com/embed/95oHSkMz2zM?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 a compendium of links to my writings about the tariff case and related issues, see <a href="https://reason.com/volokh/2025/06/03/compendium-of-writings-about-the-trump-tariff-case/">here</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/21/video-of-my-bruno-leoni-institute-milan-talk-on-the-supreme-court-tariff-decision-and-its-implications/">Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Thomas Massie Falls, 'Samurai vs. Squatters,' Jeff Bezos			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/05/21/thomas-massie-falls-samurai-vs-squatters-jeff-bezos/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8383096</id>
		<updated>2026-05-21T21:16:18Z</updated>
		<published>2026-05-21T21:35:39Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Amazon" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Jeff Bezos" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Thomas Massie" />		<summary type="html"><![CDATA[Robby Soave and Christian Britschgi discuss Rep. Thomas Massie's defeat, Jeff Bezos' comments on taxes, and squatters in California. ]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/05/21/thomas-massie-falls-samurai-vs-squatters-jeff-bezos/">
			<![CDATA[<p>Robby Soave and Christian Britschgi discuss Republican Rep. Thomas Massie's primary defeat in Kentucky and how his refusal to be a Trump yes-man cost him his seat in Congress. Then, they break down why Jeff Bezos is going viral after floating a proposal to eliminate income taxes for the bottom 50 percent of earners. Finally, they dissect Christian's reporting trip to California for his feature article, "<a href="https://reason.com/2026/05/18/samurai-vs-squatters-i-rode-along-with-the-armed-enforcers-handling-californias-squatter-crisis/">Samurai vs. Squatters: On the Street With the Hired Swords Reclaiming California Property Owners' Stolen Homes</a>."</p>
<p>0:00—Tough loss for Massie</p>
<p>18:25—Bezos made some claims about taxes.</p>
<p>28:40—"Teen takeovers" in Navy Yard, Washington, D.C.</p>
<p>37:06—The anti-data center people are giving Robby an aneurysm.</p>
<p>50:37—"Samurai vs. Squatters"</p>
<p>1:00:38—<em>The Boys</em>' new season is bad.</p>
<p>1:11:00—<em>Euphoria </em>is the hot people show.</p>
<p>1:17:18—Robby loves complicated board games.</p>
<p>The post <a href="https://reason.com/podcast/2026/05/21/thomas-massie-falls-samurai-vs-squatters-jeff-bezos/">Thomas Massie Falls, &#039;Samurai vs. Squatters,&#039; Jeff Bezos</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/FreedUp27.mp3" rel="enclosure" length="80201907" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Robby Soave and Christian Britschgi discuss Thomas Massie and Jeff Bezos]]></media:description>
		<media:title><![CDATA[Freedup-5-21-B]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Freedup-5-21-B-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[
				Minnesota Law Banning Prediction Markets Creates Victimless Crime			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/minnesota-law-banning-prediction-markets-creates-victimless-crime/" />
		<id>https://reason.com/?p=8383157</id>
		<updated>2026-05-21T21:05:31Z</updated>
		<published>2026-05-21T21:20:31Z</published>
			<category scheme="https://reason.com/latest/" term="Overcriminalization" /><category scheme="https://reason.com/latest/" term="Stock Market" /><category scheme="https://reason.com/latest/" term="Exchanges" /><category scheme="https://reason.com/latest/" term="Financial Regulation" /><category scheme="https://reason.com/latest/" term="Gambling" /><category scheme="https://reason.com/latest/" term="Predictions" />		<summary type="html"><![CDATA[A Minnesota senator got fined for insider trading on a prediction market. His response was to ban the platforms for everyone in the state.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/minnesota-law-banning-prediction-markets-creates-victimless-crime/">
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		<p><span style="font-weight: 400">Last October, Minnesota state Sen. Matt Klein (D–Mendota Heights) wagered $50 on the prediction market Kalshi that he would win his congressional primary this August. After Kalshi flagged the bet, Klein was </span><a href="https://kalshi-public-docs.s3.amazonaws.com/regulatory/notices/KDA20260005%20Klein%20Notice%20of%20Settlement%20(4.21.2026)%20(7).pdf"><span style="font-weight: 400">fined</span></a><span style="font-weight: 400"> $539.85 and received a five-year suspension from the platform in April. </span></p>
<p><span style="font-weight: 400">While he </span><a href="https://minnesotareformer.com/2026/04/22/klein-suspended-from-prediction-market-after-betting-on-himself/"><span style="font-weight: 400">tried to frame</span></a><span style="font-weight: 400"> his experience as similar to that of "many other Minnesotans," there should have been no ambiguity to Klein that his actions ran afoul of </span><a href="https://kalshi-public-docs.s3.amazonaws.com/regulatory/rulebook/Kalshi%20DCM%20Rulebook%201.26.pdf"><span style="font-weight: 400">Kalshi's rules</span></a><span style="font-weight: 400"> and </span><a href="https://www.law.cornell.edu/cfr/text/17/180.1"><span style="font-weight: 400">federal regulations</span></a><span style="font-weight: 400"> against insider trading. Rediscovering his morals, Klein then co-authored </span><a href="https://www.billtrack50.com/billdetail/1989336"><span style="font-weight: 400">a bill</span></a><span style="font-weight: 400"> in the Minnesota Legislature to ban prediction markets in the state, making it a felony for anyone to create, control, operate, support, or advertise with a prediction market.</span></p>
<p><span style="font-weight: 400">On Monday, Democratic Gov. Tim Walz signed the bill into law, making Minnesota the first state to issue an outright ban on the platforms. The law draws the state into an ongoing feud between the U.S. Commodity Futures Trading Commission (CFTC), which is the federal agency that regulates prediction markets, and states that have chosen to prohibit their use.</span></p>
<p><span style="font-weight: 400">While Minnesota is not the first state to restrict access to prediction markets (Nevada, for instance, has a court-imposed restraining order against prediction markets), it is the first to ban these platforms </span><i><span style="font-weight: 400">and</span></i><span style="font-weight: 400"> criminalize participation in the industry altogether. </span></p>
<p><span style="font-weight: 400">The state's ban covers prediction markets tied to sporting events, casino games, the actions of an individual or group, elections, disasters, both human and natural, and death. It originally included "weather events or conditions," but that provision was removed after lawmakers realized it would criminalize farmers for hedging against unexpected price drops.</span></p>
<p><span style="font-weight: 400">In response to Minnesota's ban, the CFTC has filed for a preliminary injunction with the U.S. District Court for the District of Minnesota. </span></p>
<p><span style="font-weight: 400">As </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> has covered, after </span><a href="https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/66012fc8-0e50-80f4-c896-b82706c7f32b/Kalshi_Filing.pdf"><span style="font-weight: 400">Arizona</span></a><span style="font-weight: 400">, </span><a href="https://business.cch.com/srd/20251203_Kalshiex-v-Cafferelli_1_complaint.pdf"><span style="font-weight: 400">Connecticut</span></a><span style="font-weight: 400">, </span><a href="https://igb.illinois.gov/sports-wagering/cease-and-desist-letters.html"><span style="font-weight: 400">Illinois</span></a><span style="font-weight: 400">, </span><a href="https://www2.ca3.uscourts.gov/opinarch/251922p.pdf"><span style="font-weight: 400">New Jersey</span></a><span style="font-weight: 400">, </span><a href="https://www.mass.gov/news/ag-campbell-sues-online-prediction-market-for-illegal-and-unsafe-sports-wagering-operations"><span style="font-weight: 400">Massachusetts</span></a><span style="font-weight: 400">, and </span><a href="https://www.wisdoj.gov/PressReleases/complaint-kalshi-sc.pdf"><span style="font-weight: 400">Wisconsin</span></a><span style="font-weight: 400"> pursued legal action against prediction markets, </span><a href="https://reason.com/2026/05/01/the-federal-government-once-tried-to-restrict-prediction-markets-now-its-suing-states-to-save-them/"><span style="font-weight: 400">the CFTC countersued</span></a><span style="font-weight: 400">, arguing that the </span><a href="https://www.law.cornell.edu/uscode/text/7/2"><span style="font-weight: 400">Commodity Exchange Act</span></a><span style="font-weight: 400"> gives it "exclusive jurisdiction" to regulate financial markets, including prediction markets, which are more akin to stock exchanges than traditional gambling platforms like FanDuel or DraftKings.</span></p>
<p><span style="font-weight: 400">The CFTC has also filed </span><i><span style="font-weight: 400">amicus</span></i><span style="font-weight: 400"> briefs in the </span><a href="https://www.cftc.gov/PressRoom/PressReleases/9183-26"><span style="font-weight: 400">U.S. Court of Appeals for the 9th Circuit</span></a><span style="font-weight: 400"> and the </span><a href="https://www.cftc.gov/PressRoom/PressReleases/9219-26"><span style="font-weight: 400">Supreme Judicial Court of Massachusetts</span></a><span style="font-weight: 400"> in support of prediction markets. CFTC Chairman Michael Selig </span><a href="https://www.cftc.gov/PressRoom/PressReleases/9233-26"><span style="font-weight: 400">says</span></a><span style="font-weight: 400"> the law "turns lawful operators and participants in prediction markets into felons overnight." He's right. </span></p>
<p><span style="font-weight: 400">Under the law's prohibition on promoting transactions, a Minnesota resident who "advertises or markets" the use of prediction markets, even to non-Minnesota residents, could be charged with a felony. The law would also turn proprietors of legitimate businesses, such as age- and ID-verification sites, into felons for contracting with prediction markets. </span></p>
<p><span style="font-weight: 400">According to the state's <a href="https://minnesotareformer.com/2026/05/19/minnesota-becomes-first-state-to-outlaw-prediction-markets-immediately-sued-by-federal-regulators/">Sentencing Guidelines Commission</a>, anyone found guilty of violating the ban on prediction markets could receive probation, up to a year in jail, or "other non-jail sanctions." </span></p>
<p><span style="font-weight: 400">Tellingly, the law fails to identify a victim. Prediction markets do nothing more than facilitate transactions between willing consumers. Yet, Minnesota's law would place violators on the same criminal tier as anyone guilty of assault in the second degree or simple robbery.</span></p>
<p><span style="font-weight: 400">The bill's definition of prediction market is also broad enough that it could potentially include participation in systems like the </span><a href="https://iem.uiowa.edu/iem/"><span style="font-weight: 400">Iowa Electronic Markets model,</span></a><span style="font-weight: 400"> an online futures market that pays out contracts on events banned under the law, such as political outcomes.</span></p>
<p><span style="font-weight: 400">Elisabeth Diana, head of communications at Kalshi, tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> Minnesota's law is "unconstitutional." Instead of regulated platforms like Kalshi, Polymarket, and Robinhood, she says the state's law would force consumers to use "unregulated offshore markets where there are no consumer protections."</span></p>
<p><span style="font-weight: 400">While the company isn't planning any legal action against Minnesota, Diana says the CFTC is "rightfully" suing the state to bring it into compliance with federal law. A spokesperson for Polymarket also called into question Minnesota's standing to issue a ban, saying the state's action "runs counter to the federal government's established framework for regulating prediction markets as evidenced by the lawsuit from the CFTC."</span></p>
<p><span style="font-weight: 400">State. Sen. John Marty (D–Roseville), the bill's author, might have given away the game when he cited dramatic cuts "into the revenue of Minnesota's regulated gambling" as reasons for banning platforms like Kalshi and Polymarket.</span></p>
<p><span style="font-weight: 400">Sens. Marty and Klein 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">Minnesota adults can understand the risk of financial loss associated with prediction markets; the ban seems nothing more than a paternalistic approach to governing, turning law-abiding residents into criminals for engaging in legal conduct.</span></p>
<p>The post <a href="https://reason.com/2026/05/21/minnesota-law-banning-prediction-markets-creates-victimless-crime/">Minnesota Law Banning Prediction Markets Creates Victimless Crime</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration Credit: Adani Samat. Photo: Ej Rodriquez Photography/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Minnesota statehouse]]></media:description>
		<media:title><![CDATA[Minnesota-Prediction-Market-B-5-21]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				60% of Harvard Grades Were A's in 2025. Now the School Is Fighting Grade Inflation.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/60-of-harvard-grades-were-as-in-2025-now-the-school-is-fighting-grade-inflation/" />
		<id>https://reason.com/?p=8383145</id>
		<updated>2026-05-21T21:08:43Z</updated>
		<published>2026-05-21T21:08:43Z</published>
			<category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Higher Education" /><category scheme="https://reason.com/latest/" term="Harvard" />		<summary type="html"><![CDATA[Harvard faculty voted to put a 20 percent cap on A’s to combat grade inflation. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/60-of-harvard-grades-were-as-in-2025-now-the-school-is-fighting-grade-inflation/">
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		<p><span style="font-weight: 400;">In the 2024–2025 school year, 60.2 percent of grades awarded at Harvard were A's, </span><a href="https://bpb-us-e1.wpmucdn.com/websites.harvard.edu/dist/e/139/files/2025/12/Update-on-Grading_October.22.2025.pdf"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the school's Office of Undergraduate Education. For context, only a quarter of undergraduates received A's two decades ago, </span><a href="https://www.thecrimson.com/article/2025/10/27/grading-workload-report/"><span style="font-weight: 400;">reported</span></a> <i><span style="font-weight: 400;">The</span></i> <i><span style="font-weight: 400;">Harvard Crimson</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Harvard students are undoubtedly bright, but should professors be giving them </span><i><span style="font-weight: 400;">that </span></i><span style="font-weight: 400;">many A's? According to Harvard's new grade inflation policy, no. On Wednesday, the school's faculty voted 458–201 to put a 20 percent cap on A grades starting in the 2027–2028 school year, reports the </span><a href="https://www.thecrimson.com/article/2026/5/20/fas-passes-a-grade-cap/"><i><span style="font-weight: 400;">Crimson</span></i></a>.<span style="font-weight: 400;"> The plan, the outlet</span> <span style="font-weight: 400;">reports, would also allow for professors to give four additional A's per course enrollment. </span></p>
<p><span style="font-weight: 400;">A 2025 </span><a href="https://bpb-us-e1.wpmucdn.com/websites.harvard.edu/dist/e/139/files/2025/12/Update-on-Grading_October.22.2025.pdf"><span style="font-weight: 400;">report</span></a><span style="font-weight: 400;"> attributed Harvard's "out of whack" (as one faculty member described it) grading system to a few factors, including professors' unwillingness to be perceived as "demanding" compared to other faculty and "increasingly litigious" students. </span></p>
<p><span style="font-weight: 400;">The college also acknowledged that the pressure to inflate grades may come from the school itself, admitting that professors were increasingly expected to provide emotional support to students struggling with "difficult family situations," "imposter syndrome," and "stress." As a result, "requirements were relaxed, and grades were raised, particularly in the year of remote instruction." Many faculty members wanted to "reverse that shift," but they reportedly feared whether the administration would "have their back." Finally, the school shifted from assigning high-stakes exams to giving more, lower-stakes assignments, which many professors found difficult to assess in a "sufficiently differentiated way."   </span></p>
<p><span style="font-weight: 400;">Harvard is not the only school struggling with grade inflation. In Yale's </span><a href="https://president.yale.edu/sites/default/files/2026-04/Report-of-the-Committee-on-Trust-in-Higher-Education.pdf"><span style="font-weight: 400;">recent report</span></a><span style="font-weight: 400;"> examining why Americans have lost trust in higher education, the school acknowledged that grade inflation was partially to blame. To "restore common grading norms," the report recommended instituting "a 3.0 mean, or some other college-wide standard, so that letter grades can once again be used in a reliable and comparable way." The report also recommended that Yale transcripts provide context for where students stand "relative to the rest of the class," so students are not penalized for taking more demanding courses. </span><i><span style="font-weight: 400;">Reason's </span></i><span style="font-weight: 400;">intern Ari Shtein, a current Yale student, has suggested this may be a more sensible, context-based approach to tackling grade inflation than instituting a grading cap.</span></p>
<p><span style="font-weight: 400;">Princeton recognized the grade inflation problem early, and in 2004, it adopted a grade cap policy. But it "abandoned the system a decade later after criticism that it disadvantaged students in competition for jobs and graduate school admission," reported the </span><a href="https://apnews.com/article/harvard-university-grade-inflation-limits-49f31504aa93c5409cfb33146d90e4ea"><span style="font-weight: 400;">Associated Press</span></a>.<span style="font-weight: 400;"> Since then, the problem has resurfaced, with A-minuses, A's, and A-pluses making up </span><a href="https://drive.google.com/file/d/1zdmbmlH5yD6262vcb6WUKj4wJbmyxJWk/view"><span style="font-weight: 400;">66.7 percent</span></a><span style="font-weight: 400;"> of undergraduate grades in the 2024–2025 school year. </span></p>
<p><span style="font-weight: 400;">Tackling grade inflation always seems to produce some controversy, understandably among students. When Harvard released its October report on grade inflation, several students </span><a href="https://www.thecrimson.com/article/2025/10/30/students-react-grading-report/"><span style="font-weight: 400;">told</span></a><span style="font-weight: 400;"> the </span><i><span style="font-weight: 400;">Crimson </span></i><span style="font-weight: 400;">the report</span> <span style="font-weight: 400;">"misrepresented their academic experience and would add pressure to an already demanding campus environment."</span></p>
<p><span style="font-weight: 400;">In a statement released Wednesday, Harvard's dean of Undergraduate Education Amanda Claybaugh </span><a href="https://current.fas.harvard.edu/stories/faculty-decisively-approve-grading-changes"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> that grade inflation is a "complex and thorny issue." Still, she encourages other institutions to confront similar issues with "the same level of rigor and courage."</span></p>
<p><span style="font-weight: 400;">Harvard is taking a risk by curbing grade inflation, but it is one that others would need to adopt to restore meritocracy across the board. If other schools continue to dole out A's like Oprah while others assess students more harshly, employers will continue to receive unclear and potentially misleading signals about students' academic performance. And grades are not just for employers' eyes; they are for the students to understand how well they have mastered a subject. If the purpose of a university is to pursue truth, students deserve honest feedback from their professors, even if that means receiving lower grades. </span></p>
<p>The post <a href="https://reason.com/2026/05/21/60-of-harvard-grades-were-as-in-2025-now-the-school-is-fighting-grade-inflation/">60% of Harvard Grades Were A&#039;s in 2025. Now the School Is Fighting Grade Inflation.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				Why Does Trump Keep Bringing Up Decades-Old Foreign Grievances?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/why-does-trump-keep-bringing-up-decades-old-foreign-grievances/" />
		<id>https://reason.com/?p=8383129</id>
		<updated>2026-05-21T20:49:32Z</updated>
		<published>2026-05-21T20:49:32Z</published>
			<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="War" /><category scheme="https://reason.com/latest/" term="Cuba" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="J.D. Vance" /><category scheme="https://reason.com/latest/" term="Marco Rubio" /><category scheme="https://reason.com/latest/" term="Stephen Miller" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Venezuela" />		<summary type="html"><![CDATA[Instead of making the case for war in Venezuela, Iran, and Cuba, the White House has been digging up conflicts from long ago.]]></summary>
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		<p><span style="font-weight: 400;">The U.S. Department of Justice </span><a href="https://reason.com/2026/05/20/justice-department-indicts-cubas-raul-castro-for-1996-shootdown-that-killed-4-americans/"><span style="font-weight: 400;">indicted</span></a><span style="font-weight: 400;"> former Cuban President Raúl Castro on Wednesday for his 1996 order to shoot down two planes from Brothers to the Rescue, a Cuban-American organization involved in dropping anti-communist pamphlets over Havana.</span></p>
<p><span style="font-weight: 400;">Why reopen a 3-decade-old murder case now? The Trump administration has made no secret of the fact that it wants to overthrow the Cuban government—and is willing to go to war to do so. While President Donald Trump and Secretary of State Marco Rubio </span><a href="https://www.bbc.co.uk/news/articles/cx2kv2gn62vo"><span style="font-weight: 400;">issue</span></a><span style="font-weight: 400;"> thinly veiled </span><a href="https://x.com/clashreport/status/2057485261022384552"><span style="font-weight: 400;">threats</span></a><span style="font-weight: 400;"> to Cuba, administration officials have been anonymously telling the press that yes, they mean </span><a href="https://www.politico.com/news/magazine/2026/05/18/the-odds-of-trump-attacking-cuba-are-going-up-00926317"><span style="font-weight: 400;">military action</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">The indictment was obviously </span><span style="font-weight: 400;">meant to evoke</span><span style="font-weight: 400;"> the recent U.S. operation in Venezuela, in which U.S. special operations forces invaded Venezuela to serve a </span><a href="https://reason.com/2026/01/03/trump-should-have-gotten-congressional-authorization-to-strike-venezuela-and-capture-maduro/"><span style="font-weight: 400;">drug-trafficking warrant</span></a><span style="font-weight: 400;"> against dictator Nicolás Maduro. During the buildup to that operation, which involved U.S. forces seizing Venezuelan tankers, Trump and his advisers also </span><a href="https://www.aljazeera.com/amp/news/2025/12/17/trump-aide-stephen-miller-suggests-venezuelan-oil-belongs-to-us"><span style="font-weight: 400;">claimed</span></a><span style="font-weight: 400;"> that they were going to avenge Venezuela's 2007 nationalization of American oil companies by recovering stolen property.</span></p>
<p><span style="font-weight: 400;">And to justify starting the mother of all undeclared wars with Iran, the Trump administration has brought up a litany of old grievances. Trump's </span><a href="https://www.pbs.org/newshour/amp/world/read-trumps-full-statement-on-iran-attack"><span style="font-weight: 400;">announcement of the war</span></a><span style="font-weight: 400;"> started with the 1980 storming of the U.S. Embassy in Tehran and the 1983 attack on U.S. Marines by a pro-Iran militia in Lebanon, both of which happened before most Americans or Iranians were born.</span></p>
<p><span style="font-weight: 400;">Sen. Tom Cotton (R–Ark.) unintentionally summed up the administration's pretzel logic in an </span><a href="https://www.yahoo.com/news/articles/tom-cotton-says-iran-imminent-172714499.html"><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;"> early in the war: "Iran has posed an imminent risk to the United States for 47 years." The Islamic Republic was so urgently dangerous that there was no time to ask Congress or the American people for permission to fight it, and also this situation has existed for two generations.</span></p>
<p><span style="font-weight: 400;">These grievances are not a serious argument about the Cuban, Venezuelan, or Iranian threat. They are a replacement for an argument. Instead of making the case that the costs of war (or whatever </span><a href="https://www.axios.com/2026/03/26/trump-iran-war-semantics-congress-approval"><span style="font-weight: 400;">euphemism for war</span></a><span style="font-weight: 400;"> the administration is using now) are worth the benefits, the administration wants Americans riled up about injuries to our honor and hungry for revenge.</span></p>
<p><span style="font-weight: 400;">In fact, bringing up these grievances is a sign that the Trump administration </span><i><span style="font-weight: 400;">doesn't </span></i><span style="font-weight: 400;">see these countries as real, imminent threats. Arguing that the Iran war would not become a "forever war," former Trump administration official Robert O'Brien </span><a href="https://www.19fortyfive.com/2026/04/american-history-teaches-that-operation-epic-fury-is-not-another-forever-war/"><span style="font-weight: 400;">called</span></a><span style="font-weight: 400;"> it "the quintessential American punitive expedition," a campaign of "short, sharp projections of force that punish foreign powers or dictators for their untoward actions."</span></p>
<p><span style="font-weight: 400;">O'Brien added that a "key advantage of the punitive expedition strategy is its optionality.&hellip;The initiative remains with [the president], so that he determines the pace and tempo of kinetic action, not the enemy." That's a fancy way of saying that the president should flex by taking revenge on easy targets who can't fight back.</span></p>
<p><span style="font-weight: 400;">Punitive expeditions also help the administration advance its domestic agenda. Vice President J.D. Vance </span><a href="https://thehill.com/homenews/administration/5679759-vice-president-vance-war-powers/"><span style="font-weight: 400;">claims</span></a><span style="font-weight: 400;"> that the War Powers Act is "a fundamentally fake and unconstitutional law" that is "not going to change anything about how we conduct foreign policy," and White House Homeland Security adviser Stephen Miller has </span><a href="https://www.theguardian.com/commentisfree/2025/may/15/stephen-miller-is-wrong-the-president-cant-just-suspend-habeas-corpus"><span style="font-weight: 400;">similar contempt</span></a><span style="font-weight: 400;"> for Congress' ability to restrain the president. What better way to flex presidential power than to start and stop wars before anyone has a chance to act?</span></p>
<p><span style="font-weight: 400;">The bet on knockout blows against weak enemies worked out well in Venezuela. The idea of war with Venezuela was </span><a href="https://yougov.com/en-us/articles/53787-scant-american-support-for-military-action-against-venezuela-december-20-22-2025-economist-yougov-poll"><span style="font-weight: 400;">highly unpopular</span></a><span style="font-weight: 400;"> in America before Maduro's overthrow. But the Venezuelan military barely put up a fight; Maduro's successor kowtowed to U.S. power; domestic objections to the operation in America </span><a href="https://yougov.com/en-us/articles/53879-support-military-action-venezuela-growing-though-more-oppose-january-9-12-2026-economist-yougov-poll"><span style="font-weight: 400;">melted away</span></a>;<span style="font-weight: 400;"> and Congress' concern for war powers was </span><a href="https://www.theguardian.com/us-news/2026/jan/14/us-senate-trump-military-action-venezuela"><span style="font-weight: 400;">promptly forgotten</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">"We're a superpower, and under President Trump, we are going to conduct ourselves as a superpower," Miller </span><a href="https://www.cnn.com/2026/01/06/politics/trump-greenland-venezuela-colombia-miller-analysis"><span style="font-weight: 400;">gloated</span></a><span style="font-weight: 400;"> after the Venezuela operation. Vance similarly </span><a href="https://reason.com/2026/04/28/war-hawks-credibility-obsession-makes-america-less-credible/"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> that "Maduro is the newest person to find out that President Trump means what he says." </span></p>
<p><span style="font-weight: 400;">That wager </span><a href="https://reason.com/2026/05/20/there-was-no-delcy-rodriguez-in-iran/"><span style="font-weight: 400;">did not work</span></a><span style="font-weight: 400;"> so well in Iran. The war dragged on for weeks and is now in a bizarre kind of </span><a href="https://edition.cnn.com/2026/05/19/politics/trump-iran-decision-gulf-states"><span style="font-weight: 400;">suspended animation</span></a><span style="font-weight: 400;">, rousing Congress to finally </span><a href="https://www.nbcnews.com/politics/congress/senate-advances-resolution-end-iran-war-trump-bill-cassidy-rcna346001"><span style="font-weight: 400;">start asserting</span></a><span style="font-weight: 400;"> its war powers. Precisely because "Iran has gone sideways," an administration official </span><a href="https://www.politico.com/news/magazine/2026/05/18/the-odds-of-trump-attacking-cuba-are-going-up-00926317"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Politico</span></i><span style="font-weight: 400;">, the Trump administration may be looking for more decisive action in Cuba.</span></p>
<p><span style="font-weight: 400;">The idea that a crumbling, poor Cold War relic poses some kind of threat to America is laughable. And an invasion of Cuba is </span><a href="https://cepr.net/newsroom/americans-oppose-us-war-with-cuba-by-64-to-15-new-yougov-poll-finds/"><span style="font-weight: 400;">overwhelmingly unpopular</span></a><span style="font-weight: 400;"> with Americans. But that combination is exactly why Cuba would be a tempting place to repeat the Venezuela model, which is why the Trump administration is bringing up ancient feuds now. </span></p>
<p>The post <a href="https://reason.com/2026/05/21/why-does-trump-keep-bringing-up-decades-old-foreign-grievances/">Why Does Trump Keep Bringing Up Decades-Old Foreign Grievances?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[President Donald Trump wearing boxing gloves next to the U.S. Capitol]]></media:description>
		<media:title><![CDATA[Trump-Capitol-5-21]]></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[
				No Pseudonymity for Parent Suing Over School Vaccination Mandate			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/no-pseudonymity-for-parent-suing-over-school-vaccination-mandate/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383152</id>
		<updated>2026-05-21T20:26:48Z</updated>
		<published>2026-05-21T20:26:48Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[From today's Ninth Circuit 2-1 panel decision in Doe v. Ventura Unified School Dist., by Judge Richard Paez and Consuelo&#8230;
The post No Pseudonymity for Parent Suing Over School Vaccination Mandate appeared first on Reason.com.
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					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/no-pseudonymity-for-parent-suing-over-school-vaccination-mandate/">
			<![CDATA[<p>From today's Ninth Circuit 2-1 panel decision in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.ca9.0fd6bbce-03c1-4b58-b6a3-63150019af5d/gov.uscourts.ca9.0fd6bbce-03c1-4b58-b6a3-63150019af5d.22.1.pdf">Doe v. Ventura Unified School Dist.</a></em>, by Judge Richard Paez and Consuelo Callahan:</p>
<blockquote><p><strong>[1.] </strong>To proceed pseudonymously, a "plaintiff must show both (1) a fear of severe harm, <em>and </em>(2) that the fear of severe harm is reasonable." These are the "two most important factors," <em>id</em>., because a plaintiff must establish "a <em>need </em>for the cloak of anonymity."</p>
<p>The district court's determination that Doe failed to show she reasonably feared severe harm was not an abuse of discretion. Doe's interactions with public officials do not establish that the media or community members would retaliate against her in a severe manner, and Doe failed to identify other probative evidence rendering her fears reasonable. Rather, she expresses concern about what "could" or "probably would" happen. But bare assertions are insufficient to establish a reasonable fear of severe harm. Likewise, the district court did not abuse its discretion in determining that Doe's fear of "social stigma" does not amount to severe harm. The prospect of being publicly linked to an unpopular viewpoint alone does not warrant anonymity absent evidence linking disclosure to a severe injury.</p>
<p><strong>[2.] </strong>The district court did not abuse its discretion in evaluating Doe's vulnerability. The district court properly considered the factors suggesting Doe was particularly vulnerable and those suggesting she was not particularly vulnerable, and reasonably concluded that it was appropriate to give "little weight" to her vulnerability.</p>
<p>{The dissent argues that the district court erred by failing to analyze Child 1's vulnerability as a factor supporting her own pseudonymity and Doe's privacy interests&hellip;. "[F]ear of severe harm is irrelevant if the plaintiffs do not <em>reasonably </em>fear severe harm." As described, Doe failed to identify probative evidence supporting the reasonableness of her fear of severe retaliation.</p>
<p>Moreover, after oral argument, Plaintiff's counsel informed the court that Plaintiff and her child do not share the same last name, further attenuating Doe's fear that disclosure of her name would yield severe retaliation against Child 1.} {The district court properly acknowledged that Federal Rule of Civil Procedure 5.2(a)(3) presumptively requires pseudonymizing the names of children, like Child 1, with only initials "[u]nless the court orders otherwise." This appeal only pertains to Doe's pseudonymization.}</p></blockquote>
<p><span id="more-8383152"></span></p>
<blockquote><p><strong>[3.] </strong>The district court's determination that anonymization "may" result in</p>
<p>prejudice to a Defendant was not based on a clearly erroneous factual finding&hellip;. Doe had not affirmatively agreed to disclose her identity to all the Defendants and failed to respond to one Defendant's objections to anonymization based on the lack of knowledge of her identity. Therefore, the district court's determination that anonymization might prejudice Defendants was not based on a clearly erroneous assessment of the evidence.</p>
<p><strong>[4.] </strong>The district court did not abuse its discretion in weighing the public interest factor against pseudonymity. The court properly invoked precedents describing the "paramount importance of open courts," which is the source of the presumption that parties will litigate under their real names. Nor does the fact that the public could scrutinize the legal issues in this case without Plaintiff's identity require that the district court weigh the public interest factor in favor of anonymity.</p>
<p>Moreover, the value of open courts extends beyond permitting public scrutiny of the legal issues in a given case. The public's interest in having justice delivered openly, not "in a corner nor in any covert manner," is heightened in cases involving high-stakes, constitutional issues.</p></blockquote>
<p>Judge Patrick Bumatay dissented:</p>
<blockquote><p>First, in analyzing "the anonymous party's vulnerability to &hellip; retaliation," the district court failed to consider the vulnerability of other individuals affected by the litigation—namely, Jane Doe's minor child. Consideration of vulnerability beyond the plaintiff is a necessary piece of any pseudonymization analysis&hellip;. [C]ourts regularly grant anonymity to plaintiffs when "identification poses a risk of retaliatory physical or mental harm to the requesting party or even more critically, to innocent non-parties."</p>
<p>These concerns are even greater when the litigation involves family members, especially minor children. Courts must recognize "the special, intimate, and loving relationship between parent and child." And a child is often more susceptible to harm than an adult. So we must give special attention to concerns that the lack of pseudonymity may harm minor family members.</p>
<p>That's why courts commonly "allow parents who are suing on behalf of their minor children to proceed pseudonymously," especially "when the case involves highly personal information about the children." If we didn't, "the protection afforded to the minor" as a matter of course "would be eviscerated unless the parent was also permitted to proceed using initials." We thus shouldn't force parents to choose between pursuing their or children's rights and risk exposing their children to retaliation or harm. The youth of affected individuals, then, is "a significant factor in the matrix of considerations arguing for anonymity."</p>
<p>Heightened risk to a minor child is precisely the situation here. Jane Doe is suing on her own behalf and on behalf of her child. This case involves highly personal information about her child, including his vaccination status and his learning disabilities.</p>
<p>Forcing Doe to proceed as a named plaintiff clearly risks all this becoming public. Linking Jane Doe to her child will be easy enough. That Jane Doe does not share a last name with her minor child does not materially affect this analysis. Either way, revealing Jane Doe's identity would make her child's identity open to discovery by people in the community, risking the retaliation or abuse that anonymity seeks to prevent. Because the district court failed to consider Jane Doe's child's vulnerability, it abused its discretion&hellip;.</p>
<p>Second, the district court didn't consider whether pseudonymity should have been granted "to preserve privacy in a matter of sensitive and highly personal nature." Jane Doe is challenging California's enforcement of its Compulsory Vaccine Law against her and her child and cites deeply personal—and controversial—religious beliefs as her reason. And "religion is perhaps the quintessentially private matter."</p>
<p>"[B]y filing suit," Jane Doe has "made revelations about [her] personal beliefs and practices that," under the circumstances, could well "invite[] an opprobrium analogous to the infamy associated with criminal behavior." "This suit—challenging a government activity—forces [Jane Doe] to reveal [her] beliefs about a particularly sensitive topic that could subject [her and her family] to considerable harassment."</p>
<p>Indeed, Jane Doe has already faced criminal sanction for seeking to adhere to her faith. Thus, the district court failed to appropriately account for the sensitive nature of this litigation&hellip;. [A]nonymity is often granted when there is "a combination of both the plaintiff's religious beliefs and expected public hostility to the specific remedy that the plaintiff is seeking" &hellip;.</p>
<p>Few things in recent times can engender as much public hostility as challenges to vaccine mandates. After all, one of the authors of SB-277, which removed religious exemptions from California's Compulsory Vaccine Law, once posted an article on social media suggesting that "opting out of vaccines should opt you out of American society," while comparing being "willfully unvaccinated" to being a "drunk driver." &hellip;</p>
<p>The majority doesn't disagree that the district court should have analyzed Jane Doe's child's vulnerability but bafflingly asserts that Jane Doe's concerns are unreasonable. This ignores the substance of Jane Doe's complaint. Jane Doe presented probative evidence that her son was excluded from school and that she was targeted for criminal prosecution for her child's truancy. She was explicit that her objection to vaccination was "based upon her deeply held beliefs as a Christian," and that she "view[s] her religious beliefs as essentially a private matter."</p>
<p>And more than just her experience with Defendants, she reasonably pointed to "prevailing attitudes towards anti-vaxxers" and "the potential implications of her case for the California" public in asserting her fear that unwanted media attention and other negative public attention would cause her son social stigma, harassment, and threats. Publicly filing this lawsuit would also expose her son's private medical information to the public, including his vaccination status and, potentially, his other disabilities.</p>
<p>Jane Doe thus credibly presented evidence of real potential harm to her and her child in the form of unwanted attention and stigmatization, which she alleges would exacerbate her son's disability and harm his social development. All this harm to Jane Doe's child—yet Defendants would suffer no prejudice because all but one of them know who she is, and she has offered to disclose her identity to all of them. Nothing is unreasonable about these concerns&hellip;.</p>
<p>For these reasons, we should have reversed the denial of pseudonymity. We should have given greater consideration to the risk of harm to Doe's minor child and to the public opprobrium against her deeply personal religious beliefs. I respectfully dissent.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/21/no-pseudonymity-for-parent-suing-over-school-vaccination-mandate/">No Pseudonymity for Parent Suing Over School Vaccination Mandate</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[
				The $1.776 Billion in Trump's 'Anti-Weaponization Fund' Fits a Pattern of Fanciful Figures			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/the-1-776-billion-in-trumps-anti-weaponization-fund-fits-a-pattern-of-fanciful-figures/" />
		<id>https://reason.com/?p=8382962</id>
		<updated>2026-05-21T20:34:45Z</updated>
		<published>2026-05-21T20:00:45Z</published>
			<category scheme="https://reason.com/latest/" term="Defamation" /><category scheme="https://reason.com/latest/" term="Capitol Riot" /><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="Treasury" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[In one lawsuit after another, the president has claimed damages in amounts completely disconnected from reality.]]></summary>
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										alt="President Donald Trump against a backdrop of the 2021 Capitol riot | Pool via CNP/Picture Alliance/Consolidated News Photos/Newscom/Tyler Merbler"
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		<p>There are several weird aspects to the "Anti-Weaponization Fund" established by President Donald 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> of his lawsuit against the IRS. Perhaps most puzzling of all, the amount of taxpayer money allocated to the compensation fund, $1.776 billion, is plainly arbitrary, which is consistent with the mysterious math that Trump has deployed in his long history of frivolous litigation.</p>
<p>The <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">lawsuit</a> that provided the pretext for this arrangement, which was provoked by an IRS contractor's illegal leaking of Trump's tax returns, pitted the president against two agencies he oversees: the IRS and the Treasury Department. Those defendants were represented by a Justice Department that Trump has not hesitated to <a href="https://reason.com/2026/05/05/why-the-courts-will-86-the-flagrantly-unconstitutional-charges-against-james-comey/">use</a> in pursuit of his <a href="https://reason.com/2025/10/01/demanding-charges-against-his-enemies-trump-conflates-justice-with-revenge/">personal vendettas</a>. That <a href="https://www.lawfaremedia.org/article/the-president-who-sued-himself">strange situation</a> prompted a federal judge to <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0_2.pdf">question</a> whether the case featured a genuine controversy between adverse parties, as would have been required for the lawsuit to proceed.</p>
<p>Trump avoided that glaring problem by dropping his lawsuit in exchange for an IRS apology, <span draggable="true"><a href="https://www.nytimes.com/2026/05/19/us/politics/trump-irs-doj-lawsuit-audit.html" target="_blank" rel="noopener noreferrer">immunity</a></span> from IRS audits, and the $1.776 billion fund, which is supposed to compensate people who have "incurred harm" from "lawfare" and "weaponization" of government motivated by "improper and unlawful political, personal, and/or ideological reasons." That seems like an <a href="https://reason.com/2026/05/05/why-the-courts-will-86-the-flagrantly-unconstitutional-charges-against-james-comey/">apt description</a> of the way Trump has <a href="https://reason.com/2026/02/18/trumps-blatantly-unconstitutional-attempt-to-punish-his-congressional-critics-hits-2-roadblocks/">deployed</a> federal prosecutors. In any case, it is <a href="https://www.nytimes.com/2026/05/20/us/politics/trump-fund-explainer.html">highly unusual</a>, if not unprecedented, for the Justice Department to settle a lawsuit by <a href="https://www.justice.gov/opa/media/1441201/dl?inline">agreeing</a> to pay unidentified "individuals, groups, and entities" whose grievances have nothing to do with the plaintiff's specific claims.</p>
<p>The board charged with doling out the money will be appointed by Acting Attorney General Todd Blanche, and its members will serve at the president's pleasure. So it seems likely that the main beneficiaries will be people aligned with Trump, such as the 1,600 or so supporters who were prosecuted (and later <a href="https://reason.com/2025/01/21/trumps-blanket-clemency-for-capitol-rioters-excuses-political-violence/">pardoned</a> by Trump) for assaulting the U.S. Capitol on January 6, 2021, whom the president has often described as victims of government persecution.</p>
<p>When all is said and done, the DOJ <a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund">figures</a>, $1.776 billion should cover it. But while the reference to the nation's founding year is surely patriotic, it has nothing to do with any estimate of the sum that will be required to pay claims from purported victims of "lawfare and weaponization" between now and January 1, 2029, when the fund is scheduled to stop operating. In other words, the dollar figure is totally disconnected from reality. In that respect, it resembles the numbers that Trump routinely deploys in lawsuits seeking compensation for the injuries allegedly inflicted by his enemies.</p>
<p>The <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdf">complaint</a> in <em>Trump v. Internal Revenue Service</em>, which was filed on January 29 in the U.S. District Court for the Southern District of Florida, says Trump, two of his sons, and the Trump Organization "incurred substantial financial and other damages" as a result of news reports based on the leaked tax records. How substantial? The damages, according to the lawsuit, total at least $10 billion, about 50 percent more than Trump's estimated <a href="https://www.forbes.com/sites/danalexander/article/the-definitive-networth-of-donaldtrump/">net worth</a>.</p>
<p>Trump likes that number. For reasons that are hard to fathom, his calculation of damages in several cases involving widely varying allegations arrives at exactly the same result.</p>
<p>In his July 18 <a href="https://reason.com/2025/07/21/trump-who-wants-to-straighten-out-the-press-sues-the-wall-street-journal-over-fake-epstein-letter/">defamation lawsuit</a> against <em>The Wall Street Journal</em>, which a federal judge <a href="https://reason.com/2026/04/13/a-federal-judge-dismisses-trumps-defamation-lawsuit-against-the-wall-street-journal/">dismissed</a> last month without prejudice because it failed to allege "actual malice," Trump claimed the newspaper's reporting on his alleged birthday letter to Jeffrey Epstein caused "overwhelming financial and reputational damages" that were "expected to be in the billions of dollars." The <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.693830/gov.uscourts.flsd.693830.1.0_3.pdf">complaint</a> averred that the combination of compensatory and punitive damages should be "not less than $10 billion." Trump did not even try to explain how he arrived at that preposterous figure.</p>
<p>Last December, Trump <a href="https://reason.com/2026/02/13/trumps-10-billion-lawsuit-against-the-bbc/">sued</a> the BBC for editing the speech he gave before the Capitol riot in a way that suggested he had urged his supporters to literally "fight like hell." Unlike most of Trump's lawsuits against news outlets, this one at least cites a genuine example of journalistic malpractice. Trump <a href="https://deadline.com/wp-content/uploads/2025/12/Trump-BBC-Lawsuit-Dec-15.pdf">argues</a> that the BBC defamed him and violated Florida's <a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0500-0599/0501/0501PARTIIContentsIndex.html">Deceptive and Unfair Trade Practices Act</a>. Each of those counts, he figures, is worth at least $5 billion, which conveniently adds up to a familiar total.</p>
<p>In October 2024, Trump <a href="https://reason.com/2024/11/04/trumps-legal-complaints-against-2-news-outlets-reflect-his-disregard-for-freedom-of-the-press/">sued</a> CBS in the U.S. District Court for the Northern District of Texas because he did not like the way <em>60 Minutes</em> had edited a pre-election interview with Kamala Harris. By making Harris seem slightly more cogent, he claimed, CBS had violated the <a href="https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm" data-mrf-link="https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm">Texas Deceptive Trade Practices Act</a>. According to his <a href="https://www.washingtonpost.com/documents/32ef3d27-2afa-4702-bc83-fea82fa68f1e.pdf?itid=lk_inline_manual_4">original complaint</a>, the network's "false, misleading, and deceptive conduct" had inflicted damages "reasonably believed to be at least $10,000,000,000" in Texas alone. A footnote claimed that "CBS's distortion of the <em>60 Minutes</em> Interview damaged President Trump's fundraising and support values by several billions of dollars, particularly in Texas"—a completely unsupported assertion that, even if taken at face value, would not come close to justifying Trump's estimate of damages within Texas.</p>
<p>In case that was not absurd enough, an <a href="https://s3.documentcloud.org/documents/25517177/36-trumps-amended-complaint.pdf" data-mrf-link="https://s3.documentcloud.org/documents/25517177/36-trumps-amended-complaint.pdf">amended complaint</a> that Trump filed on February 7, 2025, a few weeks after he started his second term, <a href="https://reason.com/2025/05/30/trump-wants-25-million-to-settle-his-meritless-60-minutes-lawsuit/" data-mrf-link="https://reason.com/2025/05/30/trump-wants-25-million-to-settle-his-meritless-60-minutes-lawsuit/">doubled</a> his estimate of the damages inflicted by CBS. The revised complaint added a claim under a provision of the federal Lanham Act that <a href="https://www.law.cornell.edu/uscode/text/15/1125" data-mrf-link="https://www.law.cornell.edu/uscode/text/15/1125">applies</a> when someone "misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities." By violating that provision, Trump asserted, CBS had cost him an amount "reasonably believed to be no less than $10,000,000,000"—a pretty striking coincidence.</p>
<p>In the end, Paramount, apparently keen to appease the president while its merger with Skydance Media was pending, <a href="https://reason.com/2025/07/02/by-settling-trumps-laughable-lawsuit-against-cbs-paramount-strikes-a-blow-at-freedom-of-the-press/">settled</a> that ridiculous lawsuit for $16 million. That was 99.9 percent less than the amount Trump had claimed was minimally adequate.</p>
<p>Trump used similarly inscrutable math in his September 15 defamation <a href="https://reason.com/2025/09/17/trumps-15-billion-lawsuit-against-the-new-york-times-is-his-craziest-one-yet/">lawsuit</a> against <em>The New York Times</em>, which complained that the newspaper's reporting had deflated his self-image as an astute businessman. That <a href="https://storage.courtlistener.com/recap/gov.uscourts.flmd.447437/gov.uscourts.flmd.447437.1.0.pdf">85-page complaint</a> was so full of bragging and invective that a federal judge <a href="https://reason.com/volokh/2025/09/19/judge-strikes-trumps-complaint-in-libel-lawsuit-against-n-y-times/">struck it</a> four days after it was filed, saying it was "decidedly improper and impermissible." Trump's lawyers tried again on October 16, filing an <a href="https://storage.courtlistener.com/recap/gov.uscourts.flmd.447437/gov.uscourts.flmd.447437.9.0.pdf">amended complaint</a> that was less than half as long. But they did not change their estimate of the damage that the <em>Times</em> supposedly had caused, which they said was "not less than $15,000,000,000."</p>
<p>Trump did not specify compensatory damages when he <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.1.0.pdf">sued</a> CNN in October 2022, <a href="https://reason.com/2023/03/06/conservatives-who-want-to-weaken-defamation-standards-may-regret-opening-that-can-of-worms/">arguing</a> that the news outlet had defamed him by calling his claim that former President Joe Biden stole the 2020 presidential election "the Big Lie." But he asserted that CNN should have to pay "punitive damages in the amount of $475,000,000." In the end, Trump got $0, because a federal judge <a href="https://www.npr.org/2023/07/30/1190983801/a-federal-judge-has-dismissed-trumps-defamation-case-against-cnn-over-the-big-li">dismissed</a> his lawsuit in July 2023, noting that he had failed to allege any false statements of fact.</p>
<p>CNN's sins evidently were less serious than the tort that <em>Chicago Tribune</em> architecture critic Paul Gapp supposedly committed by slamming one of Trump's real estate projects. Gapp had called a Manhattan skyscraper proposed by Trump "aesthetically lousy" and "one of the silliest things anyone could inflict on New York or any other city." When Trump <a href="https://web.archive.org/web/20200802084928/http://www.medialaw.org/images/stories/MediaLawLetter/2016/October/Trump_Libel.pdf">sued</a> Gapp for defamation in 1984, he demanded $500 million in compensation for those insults. Adjusted for inflation, that amounts to about $1.6 billion today.</p>
<p>Trump was even more upset when financial journalist Tim O'Brien dared to suggest that he was not worth as much as he claimed. In a 2006 defamation lawsuit, Trump <a href="https://web.archive.org/web/20200802084928/http://www.medialaw.org/images/stories/MediaLawLetter/2016/October/Trump_Libel.pdf">said</a> that offense, which was similar to the one that the<em> Times</em> would later commit, justified $5 billion in damages, about $8.4 billion in current dollars. Like the lawsuit against Gapp, that claim was laughed out of court.</p>
<p>Trump was more circumspect when he <a href="https://reason.com/2024/12/19/trump-mounts-a-direct-assault-on-the-first-amendment-by-portraying-journalism-as-consumer-fraud/">sued</a> <em>The Des Moines Register</em> and pollster J. Ann Selzer in December 2024. By conducting and publishing a pre-election poll that erroneously gave Harris a lead in Iowa, he claimed, the defendants had violated the state's <a href="https://www.legis.iowa.gov/docs/code/714H.pdf" data-mrf-link="https://www.legis.iowa.gov/docs/code/714H.pdf">Consumer Fraud Act</a>. As a result, the <a href="https://reason.com/wp-content/uploads/2024/12/Trump-v-Selzer-complaint-12-16-24.pdf">complaint</a> claimed, Trump "sustained actual damages due to the need to expend extensive time and resources, including direct federal campaign expenditures, to mitigate and counteract the harms." Uncharacteristically, the lawsuit did not offer an estimate of those purported expenses. But based on Trump's prior experience with such matters, I would guess the damages amount to at least $10 billion.</p>
<p>The post <a href="https://reason.com/2026/05/21/the-1-776-billion-in-trumps-anti-weaponization-fund-fits-a-pattern-of-fanciful-figures/">The $1.776 Billion in Trump&#039;s &#039;Anti-Weaponization Fund&#039; Fits a Pattern of Fanciful Figures</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Pool via CNP/Picture Alliance/Consolidated News Photos/Newscom/Tyler Merbler]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump against a backdrop of the 2021 Capitol riot]]></media:description>
		<media:title><![CDATA[Trump-riot-5-21-26]]></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[
				$485K Settlement in Government Employee Speech Case Stemming from Comments About Charlie Kirk's Death			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/485k-settlement-in-government-employee-speech-case-stemming-from-comments-about-charlie-kirks-death/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383078</id>
		<updated>2026-05-21T19:21:38Z</updated>
		<published>2026-05-21T19:21:38Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[The case, Brown v. Young, just settled; the government employer (the Florida Fish and Wildlife Conservation Commission) agreed to pay plaintiff $275K&#8230;
The post $485K Settlement in Government Employee Speech Case Stemming from Comments About Charlie Kirk&#039;s Death appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/485k-settlement-in-government-employee-speech-case-stemming-from-comments-about-charlie-kirks-death/">
			<![CDATA[<p>The case, <em>Brown v. Young</em>, just <a href="https://storage.courtlistener.com/recap/gov.uscourts.flnd.534614/gov.uscourts.flnd.534614.89.0_1.pdf">settled</a>; the government employer (the Florida Fish and Wildlife Conservation Commission) <a href="https://www.aclufl.org/app/uploads/2026/05/Settlement-Agreement-Fully-Executed-1.pdf">agreed</a> to pay plaintiff $275K ($40K in back wages + $235K in compensatory damages) + $210K in attorneys' fees and costs. The Commission also agreed to give plaintiff a neutral reference in any future employment inquiries, and (to quote the <a href="https://www.aclufl.org/press-releases/civil-rights-lawyers-secure-485000-settlement-for-fwc-biologist-fired-over-charlie-kirk-social-media-post/">ACLU press release</a>), "to permit her to interact with FWC staff and resources on the same basis as any other external partner or volunteer, preserving her ability to continue her conservation work through partner organizations."</p> <p>In exchange plaintiff resigned, dropped the case, and released her claims, including those related to sanctions that were awarded last week; here's an excerpt from the sanctions (read the whole <a href="https://storage.courtlistener.com/recap/gov.uscourts.flnd.534614/gov.uscourts.flnd.534614.73.0.pdf">sanctions decision</a> for more):</p> <blockquote><p>This Court concludes that Plaintiff is entitled to attorneys' fees based on Ms. Tucker's and defense counsel's1 objectively unreasonable multiplication of proceedings in continuing to defend the Tucker declaration once it became clear that Ms. Tucker lacked personal knowledge to make the false statements identified above. Fees shall be split between Ms. Tucker and defense counsel and will be assessed at the conclusion of this case. To be clear, there must be a sanction for Ms. Tucker and her prior counsel's continued efforts to ignore the obvious—that Ms. Tucker lacked the personal knowledge necessary to make certain statements in her declaration and that such statements were, in fact, false—and defend the indefensible once that lack of personal knowledge and falsity became clear following Ms. Tucker's deposition.</p></blockquote> <p>Here are the details on the First Amendment issue in the case, from my Nov. 2015 post on the court's decision to deny a preliminary injunction to plaintiff:</p> <p>[* * *]</p> <p>Brown, who worked at the Florida Fish and Wildlife Conservation Commission reposted this item from an Instagram account that "posts satirical social commentary from the perspective of a whale":</p> <p><img decoding="async" class="alignnone size-full wp-image-8357382" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/11/BrownvYoung.jpg" alt="" width="377" height="194" srcset="https://reason.com/wp-content/uploads/2025/11/BrownvYoung.jpg 377w, https://reason.com/wp-content/uploads/2025/11/BrownvYoung-300x154.jpg 300w" sizes="(max-width: 377px) 100vw, 377px" /></p> <p>This was apparently a reference to Kirk's comments that part of the price of the Second Amendment is that there would be "<a href="https://www.factcheck.org/2025/09/viral-claims-about-charlie-kirks-words/">some gun deaths</a>":</p> <p><span id="more-8383078"></span></p> <blockquote><p>[At an event] held days after three children and three adults were killed in a <a href="https://www.npr.org/2023/03/27/1166268762/nashville-school-shooting-covenant">school shooting in Nashville</a> &hellip; Kirk [was] asked by an audience member how to make the point that protecting the Second Amendment is important. Kirk responded that the amendment "is there, God forbid, so that you can defend yourself against a tyrannical government." But "having an armed citizenry comes with a price, and that is part of liberty," he said.</p> <p>"You will never live in a society when you have an armed citizenry and you won't have a single gun death," Kirk later said. "That is nonsense. It's drivel. But I am — I think it's worth it. I think it's worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God-given rights. That is a prudent deal. It is rational. Nobody talks like this. They live in a complete alternate universe."</p></blockquote> <p>(This is of course similar to the arguments that rights supporters routinely make when other rights lead to some amount of foreseeable deaths—the Fourth Amendment, the privilege against self-incrimination, the right to bail in many case, and so on. Characterizing it as "not caring at all" about the deaths strikes me as a poor argument, but that's a separate matter.)</p> <p>This post became broadly seen (through the "Libs of TikTok" account) and led to lots of criticism, including criticism sent to plaintiff's employer, the Florida Fish and Wildlife Conservation Commission, which fired her. Plaintiff sued, seeking a preliminary injunction ordering her reinstatement. Judge Mark Walker's decision [Nov. 13] in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.flnd.534614/gov.uscourts.flnd.534614.26.0.pdf">Brown v. Young</a></em> (N.D. Fla.) denied that preliminary injunction.</p> <p>Generally speaking, a government employee's speech is protected against employer retaliation if (1) it's said in the employee's capacity as a citizen and not as part of the employee's job, (2) the speech involves "a matter of public concern," and (3) the speaker's "free speech interests outweighed [the employer's] interest in effective and efficient fulfillment of its responsibilities." (This third element is often called the <em>Pickering </em>balance, after the case in which it was articulated.)</p> <p>The court correctly concluded that the first two elements were satisfied, and that "it's not a close call":</p> <blockquote><p>First, it is no answer that Plaintiff's Instagram post, itself, is not original content. Courts have long recognized that re-posting memes or other content from other creators, without further comment, is akin to one's own speech.</p> <p>Nor can Defendants immunize themselves by recharacterizing Plaintiff's speech as mere "association" with another's speech. Plaintiff spoke when she re-posted the third-party's speech as her own on her Instagram story. Full stop.</p> <p>Likewise, there is no contention that Plaintiff's Instagram story amounts to unprotected government speech that owed its existence to her job at FWC or was even remotely related to the work she performed &hellip; [which was] monitoring imperiled shorebirds and seabirds &hellip;.</p> <p>Defendants also contend that Plaintiff's Instagram story did not touch on a matter of public concern because it conveyed only "personal disdain" and did not contain any "civic commentary." &hellip; [But a] public employee's negative opinion about a public figure who has nothing to do with their job is generally not the sort of speech touching on a "personal interest" that garners no protection under the <em>Pickering </em>framework. <em>[See, e.g.,] Rankin v. McPherson</em> (1987) (holding that employee was speaking on a matter of public concern when she told a coworker that if another attempt was made on the president's life, she "hope[s] they get him") &hellip;.</p> <p>It is also no answer that Plaintiff's speech was arguably satirical, sarcastic, or insensitive. "Humor, satire, and even personal invective can make a point about a  matter of public concern." Indeed, "[t]he inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern." <em>Rankin</em>.</p></blockquote> <p>But the court held that plaintiff hadn't [sufficiently clearly] met her burden "to show that her free speech interest outweighs FWC's interest in the effective and efficient fulfillment of its responsibilities":</p> <blockquote><p>Defendant Tucker['s unrebutted declaration] provides evidence that there was a swift and largely negative reaction from the public concerning Plaintiff's Instagram story which "disrupted agency operations, required diversion of staff resources to manage responses, and raised legitimate concerns about the agency's credibility and public trust." While Plaintiff understandably argues that this declaration is short on specifics and largely conclusory, Plaintiff also chose not to seek expedited discovery to depose Defendant Tucker or cross-examine her at the hearing to explore flaws in Defendants' position.</p> <p>Without more, this Court cannot conclude on this sparse record that the public's negative reaction was not disruptive enough to justify the action FWC took&hellip;. "The government's legitimate interest in avoiding disruption does not require proof of actual disruption. Reasonable possibility of adverse harm is all that is required." &hellip;</p></blockquote> <p>It's still possible that, after further discovery, and perhaps after a trial, plaintiff will be able to show that the public reaction was less disruptive than the government says it was, and that plaintiff's "free speech interests outweighed" the disruption (however such weighing is to be done).</p> <p>But the basic principle still remains: Under government-as-employer doctrine as it's currently understood, speech is protected only until it draws enough public condemnation. Once the speech (whether left-wing, right-wing, or any other) is publicized enough that enough people complain to the employer, the <em>Pickering </em>balance comes out in favor of allowing the firing.</p> <p>I discussed this in <a href="https://reason.com/volokh/2025/09/12/firing-public-employees-who-publicly-praise-violent-criminal-attacks/">a post</a> about the subject right after the Kirk murder. As I noted, if one looks at court cases over the last several decades, they have routinely turned on whether the speech created enough public controversy. <strong>When the government is administering the criminal law or civil liability, such a "heckler's veto" is generally not allowed:</strong> The government generally can't shut down a speaker, for instance, because his listeners are getting offended or even threatening violence because they're offended. But <strong>in the employment context, the <em>Pickering </em>balance often allows government to fire employees because their speech sufficiently offends coworkers or members of the public</strong>. (The analysis may differ for public university professors, though it's not clear how much; see <a href="https://reason.com/volokh/2025/09/09/third-circuit-holds-fired-alt-right-prof-jason-jorjanis-speech-was-constitutionally-protected/">this post</a> for more.)</p> <p>This conclusion by lower courts applying <em>Pickering</em> might, I think, stem from the judgment that employees are hired to do a particular job cost-effectively for the government: If their speech so offends others (especially clients or coworkers) that keeping the employees on means more cost for the government than benefit, the government needn't continue to pay them for what has proved to be a bad bargain. Maybe that's mistaken. Maybe it's so important to protect public debate, including on highly controversial matters, that public employers should have to keep on even the most controversial employees (see this article by Prof. <a href="https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3439&amp;context=wmlr">Randy Kozel</a>, which so suggests in part). But that appears to be the rule.</p> <p>We see this, for instance, with statements that are allegedly racist, sexist, antigay, antitrans, etc.: If they cause enough public hostility, or seem highly likely to do so, then courts will often allow employees to be fired based on them. But if they largely pass unnoticed except by management and perhaps just a few people who file complaints, then courts are much more likely to hold that the firings may violate the First Amendment (see, e.g., <a href="https://reason.com/volokh/2025/09/11/teacher-disciplined-for-saying-privilege-training-involved-white-bashing-bs-can-go-forward-with-first-amendment-claim/">this post</a> and <a href="https://reason.com/volokh/2025/08/13/first-amendment-claim-over-firing-of-firefighter-for-supposedly-racially-offensive-anti-abortion-post-can-go-forward/">this post</a>, though there are many other such examples).</p> <p>There are other factors that courts consider, to be sure: For instance, if the employer can show that a person's speech shows they are unsuited to the job, that makes it easier for the employer to prevail. But even there the magnitude of public reaction is relevant, because one common argument is that one trait required for certain employees is the ability and willingness to instill confidence and respect in coworkers and clients, rather than to produce outrage and hostility.</p> <p>This creates an unfortunate incentive: Like any heckler's-veto-like rule, it rewards would-be cancellers, if they only speak out often enough and with enough outrage. But rightly or wrongly, that is how these cases generally shape up.</p> <p>[* * *]</p> <p>Carrie McNamara, Daniel Boaz Tilley, Michelle Morton, and Samantha Jo Past (ACLU Foundation of Florida) and Gary Edinger (Gary S. Edinger &amp; Assocs.) represent Brown.</p><p>The post <a href="https://reason.com/volokh/2026/05/21/485k-settlement-in-government-employee-speech-case-stemming-from-comments-about-charlie-kirks-death/">$485K Settlement in Government Employee Speech Case Stemming from Comments About Charlie Kirk&#039;s Death</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Lawsuits Accuse Corporate 'Cartel' of Monopolizing Missouri's Weed Market			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/lawsuits-accuse-corporate-cartel-of-monopolizing-missouris-weed-market/" />
		<id>https://reason.com/?p=8382849</id>
		<updated>2026-05-21T19:13:55Z</updated>
		<published>2026-05-21T19:13:55Z</published>
			<category scheme="https://reason.com/latest/" term="Antitrust" /><category scheme="https://reason.com/latest/" term="Drug Legalization" /><category scheme="https://reason.com/latest/" term="Marijuana" /><category scheme="https://reason.com/latest/" term="Medical Marijuana" /><category scheme="https://reason.com/latest/" term="Monopoly" /><category scheme="https://reason.com/latest/" term="Class Actions" /><category scheme="https://reason.com/latest/" term="Missouri" />		<summary type="html"><![CDATA[A 10 percent ownership cap was supposed to prevent monopolies in Missouri's marijuana market. Instead, the state's licensing regime may have created a blueprint for companies to build one.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/lawsuits-accuse-corporate-cartel-of-monopolizing-missouris-weed-market/">
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										alt="Good Day Farm in Missouri | Credit: Photo via @goodpeoplegoodday"
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		<p><span style="font-weight: 400">When Missouri legalized recreational marijuana in 2022, it put laws on the books to prevent monopolization of its weed market. Now, one cannabis provider is allegedly skirting these regulations to take over the state's market and establish a monopoly, according to two recent lawsuits filed within weeks of each other. </span></p>
<p><span style="font-weight: 400">The </span><a href="https://mocannabisclass.org/wp-content/uploads/2026/04/2026-04-28-CPC-Missouri-Smithville-v.-Good-Day-Farm-Combined-Petition-Attachments.pdf"><span style="font-weight: 400">first suit</span></a><span style="font-weight: 400"> was filed in April by Local Cannabis and VIBE, two Missouri cannabis wholesalers, accusing Arkansas-based marijuana company Good Day Farm of using its employees and 48 different LLCs to circumvent Missouri's marijuana licensing cap. The </span><a href="https://www.courts.mo.gov/fv/c/Petition.PDF?courtCode=16&amp;di=31057949"><span style="font-weight: 400">second case</span></a><span style="font-weight: 400">, filed in May by Damon Frost Jr., a Missouri resident and recreational cannabis user, alleges Good Day Farm engaged in "anticompetitive and unlawful conduct" to gain its market share.</span></p>
<p><span style="font-weight: 400">Both suits accuse Good Day Farm of owning and operating 61 of Missouri's 229 dispensaries, about 27 percent of the state's total. This would violate Missouri law, which </span><a href="https://revisor.mo.gov/main/OneSection.aspx?section=XIV+++2&amp;bid=51541&amp;hl=cannabis%u2044&amp;constit=y"><span style="font-weight: 400">prohibits</span></a><span style="font-weight: 400"> any single entity from owning "more than ten percent" of the total number of dispensary, cultivation, and manufacturing licenses. Moreover, Local Cannabis and VIBE </span><a href="https://mocannabisclass.org/wp-content/uploads/2026/04/2026-04-28-CPC-Missouri-Smithville-v.-Good-Day-Farm-Combined-Petition-Attachments.pdf"><span style="font-weight: 400">allege</span></a><span style="font-weight: 400"> that Good Day Farm also controls "upwards of 40%" of wholesale cannabis purchases in Missouri.</span></p>
<p><span style="font-weight: 400">Both have petitioned the court for an injunction that would void any agreements made by Good Day Farm, as well as monetary damages, "including restitution" and "disgorgement" of the company's alleged illegal holdings. </span></p>
<p><span style="font-weight: 400">But it's unclear whether Good Day is, in fact, violating the state's law. </span></p>
<p><span style="font-weight: 400">In the 2018 constitutional provision that legalized medical marijuana, the state prohibited any entity under "substantially common control, ownership, or management," </span><a href="https://revisor.mo.gov/main/OneSection.aspx?section=XIV+++2&amp;bid=51541&amp;hl=cannabis%u2044&amp;constit=y"><span style="font-weight: 400">defined</span></a><span style="font-weight: 400"> as having "the power to direct or cause the direction of the management or policies of a facility," from owning more than five dispensary licenses. Following the 2022 amendment legalizing recreational use, Missouri dropped the "common control" language and instead said that no single entity can </span><i><span style="font-weight: 400">own</span></i><span style="font-weight: 400"> 10 percent of the state's licenses, </span><a href="https://missouriindependent.com/2026/05/14/good-day-farm-faces-second-missouri-antitrust-lawsuit-in-two-weeks/"><span style="font-weight: 400">reports</span></a><span style="font-weight: 400"> the</span><i><span style="font-weight: 400"> Missouri Independent.</span></i><span style="font-weight: 400"><br />
</span><span style="font-weight: 400"><br />
</span><span style="font-weight: 400">This change, while largely unnoticed by the public, "helped create an opening for Good Day Farm" to expand in the Show-Me State, </span><a href="https://missouriindependent.com/2026/05/14/good-day-farm-faces-second-missouri-antitrust-lawsuit-in-two-weeks/"><span style="font-weight: 400">says</span></a><span style="font-weight: 400"> the </span><i><span style="font-weight: 400">Independent</span></i><span style="font-weight: 400">. Indeed, in documents included in the court records, the company </span><a href="https://mocannabisclass.org/wp-content/uploads/2026/04/2026-04-28-CPC-Missouri-Smithville-v.-Good-Day-Farm-Combined-Petition-Attachments.pdf"><span style="font-weight: 400">touts</span></a><span style="font-weight: 400"> the "limited license nature" of Missouri's marijuana laws as "one of the foundational reasons" for its heavy investments in the state. </span></p>
<p><span style="font-weight: 400">As a vertically integrated company that owns or controls multiple stages of the legal marijuana supply chain, including cultivation, manufacturing, and retail, Good Day Farm navigated the language change by establishing several LLCs as separate legal entities. They did so </span><a href="https://bsd.sos.mo.gov/BusinessEntity/BusinessEntityDetail.aspx?ID=4933436&amp;page=beSearch"><span style="font-weight: 400">by filing each vertical</span></a><span style="font-weight: 400"> with the Missouri secretary of state. </span></p>
<p><span style="font-weight: 400">While each LLC has its own investors and board of directors, they're all tied to Good Day Farm or one of its verticals and share the same address as the company's corporate headquarters. For instance, Alex Gray, Good Day Farm's chief strategy officer and president of sales, </span><a href="https://mocannabisclass.org/wp-content/uploads/2026/04/2026-04-28-CPC-Missouri-Smithville-v.-Good-Day-Farm-Combined-Petition-Attachments.pdf"><span style="font-weight: 400">holds</span></a><span style="font-weight: 400"> 19 dispensary licenses operating under the Good Day Farm brand and another 14 dispensary licenses operating a Good Day Farm vertical called CODES. That would give Gray 14 percent ownership of the total dispensary licenses issued in Missouri. </span></p>
<p><span style="font-weight: 400">Angela Irby, the former head of investor relations at Good Day Farm, registered the fictitious name CODES CANNABIS. She is also listed as the organizer of two other LLCs, Bon Vert Ventures and 3 Leaf Health, that control nine dispensary licenses.</span></p>
<p><span style="font-weight: 400">This wasn't a veiled strategy; in its presentations to potential investors, Good Day Farm acknowledged that it couldn't assure regulators wouldn't "take issue with the number of marijuana dispensaries [it] operated or supervised," Lisa Cox, communications director at the Missouri Department of Health and Senior Services (which regulates cannabis in the state) tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">. </span></p>
<p><span style="font-weight: 400">Additionally, Cox confirms that the Division of Cannabis Regulation within the Health Department reviewed each application under question by the plaintiffs for a license and the accompanying documentation. The agency has "no upcoming legal action" planned against the company, says Cox. </span></p>
<p><span style="font-weight: 400">Irby, Gray, Good Day Farm, and attorneys for both class action suits did not respond to </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">'s request for comment at the time of publication.</span></p>
<p><span style="font-weight: 400">Owning 27 percent of the dispensary market may seem like a lot to Good Day's competitors, but it hardly means that the company is a monopoly. Instead, it seems to indicate that Good Day has tapped into something and is offering a superior product that more consumers enjoy. </span></p>
<p><span style="font-weight: 400">Taking into account the potential for market growth (the state saw </span><a href="https://health.mo.gov/safety/cannabis/stats.php"><span style="font-weight: 400">over $1.5 billion</span></a><span style="font-weight: 400"> in cumulative sales in 2025 and $506 million already so far in 2026) the lawsuits by local cannabis providers read as sour grapes at losing their hometown market to an out-of-state company. In Frost's case, with 168 recreational marijuana retailers in Missouri unaffiliated with Good Day Farm, he could simply shop at a different store.</span></p>
<p>The post <a href="https://reason.com/2026/05/21/lawsuits-accuse-corporate-cartel-of-monopolizing-missouris-weed-market/">Lawsuits Accuse Corporate &#039;Cartel&#039; of Monopolizing Missouri&#039;s Weed Market</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Credit: Photo via @goodpeoplegoodday]]></media:credit>
		<media:description type="html"><![CDATA[Good Day Farm in Missouri]]></media:description>
		<media:title><![CDATA[05.19.26-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[
				Lawsuit Against Virginia Tech Alleging Anti-Male Bias in Title IX Proceedings Can Go Forward in Part			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/21/lawsuit-against-virginia-tech-alleging-anti-male-bias-in-title-ix-proceedings-can-go-forward-in-part/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8383087</id>
		<updated>2026-05-21T21:44:46Z</updated>
		<published>2026-05-21T18:28:23Z</published>
			<category scheme="https://reason.com/latest/" term="Higher Education" /><category scheme="https://reason.com/latest/" term="Sex Discrimination" /><category scheme="https://reason.com/latest/" term="Title IX" />		<summary type="html"><![CDATA[“Johnny has alleged abundant facts that, if true, raise grave concerns about the way VT, through these administrators, conducted the investigations of Pauline’s and Jane’s sexual-assault claims, as well as the ultimate outcomes of those inquiries. Simply put, Johnny has alleged facts that, if true, raise a plausible inference that VT discriminated against him in these investigations because he is male and, in so doing, violated Title IX.”]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/21/lawsuit-against-virginia-tech-alleging-anti-male-bias-in-title-ix-proceedings-can-go-forward-in-part/">
			<![CDATA[<p>An excerpt from today's long decision by Judge Thomas Cullen (W.D. Va.) in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.vawd.137053/gov.uscourts.vawd.137053.87.0.pdf">Doe v. Va. Polytechnic Inst. &amp; State Univ.</a></em>:</p>
<blockquote><p>In the fall of 2024, Plaintiff John Doe ("Johnny"), then a student at Virginia Tech ("VT" or "the university") and member of its Corps of Cadets, was accused by two female students of sexual assault.</p>
<p>Johnny's first accuser, Pauline Poe, with whom he previously had at least two consensual sexual encounters, claimed that Johnny had continued to engage in sexual intercourse with her after she withdrew consent. A couple weeks later, Jane Roe, a fellow member of the Corps of Cadets, complained that Johnny, with whom she had previously been intimate, had sex with her after a night of heavy (underage) drinking. Jane, who claimed to have no memory of this encounter, later alleged that it amounted to sexual assault on Johnny's part because she was incapacitated.</p>
<p>After receiving these two complaints, VT officials sprang into action. The same day that Jane reported Johnny to VT's Title IX office—over five weeks after their allegedly non-consensual encounter—the university issued a campus-wide alert about the purported sexual assault. VT's email did not identify Johnny or Jane by name, but it provided the specific location of the alleged incident and noted that the parties involved knew each other. Although no one from the Title IX office had yet to investigate Jane's claims—let alone get Johnny's side of the story—the campus-wide email characterized him as "the offender" and Jane as "the survivor." The following day, a VT official placed Johnny on interim suspension, which resulted in his being evicted from his dorm room, pending the outcome of separate Title IX and student-conduct investigations.</p></blockquote>
<p><span id="more-8383087"></span></p>
<blockquote><p>VT officials investigated Pauline's and Jane's claims over the next six months. Johnny, who vehemently denied sexually assaulting anyone, maintained his innocence throughout the process, and he desperately tried to present abundant evidence that he claimed substantially undermined his accusers' claims and their credibility.</p>
<p>As to Pauline Poe, Johnny pointed out—to the investigator, to the hearing officers, and to anyone else who might listen—that her roommate (whom Pauline had initially claimed would confirm her account) largely refuted it. Johnny also noted that a local judge, who denied Pauline's request for a permanent protective order against Johnny, characterized key aspects of her account as "extremely unique, if not bizarre."</p>
<p>Johnny also alleged that Pauline withheld—and even doctored—various text messages they had exchanged the night of the alleged assault. He also claimed that Pauline omitted a critical detail of her later accounts to VT investigators—specifically, her allegation that Johnny had threatened her with a knife before they had sex—when she initially reported the encounter to local police.</p>
<p>Finally, Johnny presented a report from a forensic nurse who examined a photograph that Pauline gave to VT investigators. According to Pauline, this photograph depicted a bruise that she suffered during their non-consensual encounter. The forensic nurse, however, opined that it depicted no such thing.</p>
<p>Regarding Jane Roe's sexual-assault claim, Johnny alleges that he presented substantial evidence that disproved her account. He pointed out that Jane had initially waited more than five weeks to report him to VT's Title IX officials, and that she only did so then to receive immunity from a charge of underage drinking that stemmed from her imbibing on the night of the alleged assault. According to Johnny, this underage-drinking charge was Jane's second serious disciplinary infraction while a member of the Corps of Cadets, and a conviction could have resulted in Jane losing her ROTC scholarship.</p>
<p>Although Jane later downplayed her disciplinary exposure for underage drinking, she filed her Title IX complaint against Johnny the day before she was scheduled to stand trial on that charge (and, according to Johnny, shortly after she had discussed matters with Pauline). As soon as Jane accused Johnny of sexual assault, VT granted her immunity for underage drinking and the disciplinary proceeding that may have resulted in the loss of her scholarship was dropped.</p>
<p>What's more, Johnny marshalled considerable evidence to refute the notion that Jane was incapacitated—the required mental state for a victim of sexual assault under these circumstances based on VT's policies—when they had sex. He presented detailed written testimony from a psychologist at the University of Pennsylvania School of Medicine, who regularly advises the accrediting body for university Title IX investigators.</p>
<p>In her report, this expert, who examined the record evidence, explained that, although Jane was likely intoxicated at the time she had sex with Johnny, Jane had not—based on her own account of the night in question, the accounts of multiple eyewitnesses who interacted with her at the time, and other evidence—exhibited any signs incapacitation. Specifically, the psychologist noted that, just prior to climbing into her bed with Johnny, Jane had walked another student back to his dorm, sent several coherent text messages, cleaned up after another student who had become ill from drinking, and changed her clothes.</p>
<p>Johnny also pointed VT investigators to Jane's conduct towards him in the days and weeks following this alleged sexual assault. Not only did she wait over five weeks to accuse him, but, in the interim, she sent Johnny several friendly text messages, including one in which Jane described herself as his "sugar baby," and another in which she asked to travel with him over the upcoming Thanksgiving holiday. And three weeks after the alleged sexual assault (but before she had accused him of it), Jane had Johnny back over to her dorm room for another night of underage drinking.</p>
<p>Johnny's efforts to disprove these accusations ultimately proved futile. The VT officials who investigated both incidents allegedly gave short shrift to this exculpatory and impeachment evidence and ultimately substantiated Pauline's and Jane's claims of sexual assault. They submitted their written findings to disciplinary tribunals for formal adjudication. Although Johnny claims that he attempted to present this same exculpatory evidence at the ensuing hearings, his defense largely fell on deaf ears.</p>
<p>The hearing officers, applying preponderance-of-the-evidence standards, ultimately concluded that it was more likely than not that Johnny had sexually assaulted Pauline and Jane. Based on their determination in Jane's case, the hearing officers recommended that Johnny be expelled from VT. Johnny appealed those decisions, but his appeals were summarily denied. Consistent with Virginia law, once the expulsion was considered final, VT officials placed a notation on his official transcript indicating, for posterity, that he had been expelled for committing sexual assault.</p>
<p>According to Johnny, all of this was preordained given the deep-seated anti-male bias of the VT officials who investigated and adjudicated Pauline's and Jane's sexual-assault claims, as well as inherent anti-male bias in VT's Title IX policies, the combination of which made it nearly impossible for him to defend against false accusations of sexual assault. Johnny contends that by imposing arbitrary, inconsistent, and shifting standards for evaluating the sexual-assault claims, denying him a meaningful opportunity to confront and cross-examine his accusers at those hearings, and effectively ignoring substantial evidence that largely refuted the purported victims' accounts, VT and its officials violated his rights under the Constitution and federal anti-discrimination law, specifically Title IX&hellip;.</p>
<p>The defendants correctly point out that the constitutional rights Johnny alleges VT administrators violated were not clearly established by United States Supreme Court or Fourth Circuit precedent at the time his investigations occurred. As such, the doctrine of qualified immunity unquestionably bars his claims against these individual defendants for money damages.</p>
<p>But that does not end the inquiry—far from it. Johnny has alleged abundant facts that, if true, raise grave concerns about the way VT, through these administrators, conducted the investigations of Pauline's and Jane's sexual-assault claims, as well as the ultimate outcomes of those inquiries. Simply put, Johnny has alleged facts that, if true, raise a plausible inference that VT discriminated against him in these investigations because he is male and, in so doing, violated Title IX. Accordingly, Johnny's claims against the university will be allowed to proceed, as well as a single official-capacity claim against one of the administrator defendants.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/21/lawsuit-against-virginia-tech-alleging-anti-male-bias-in-title-ix-proceedings-can-go-forward-in-part/">Lawsuit Against Virginia Tech Alleging Anti-Male Bias in Title IX Proceedings Can Go Forward in Part</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Bradley Smith</name>
							<uri>https://reason.com/people/bradley-smith/</uri>
					</author>
					<author>
			<name>Brett Nolan</name>
							<uri>https://reason.com/people/brett-nolan/</uri>
					</author>
					<title type="html"><![CDATA[
				The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/the-supreme-court-protected-donor-privacy-the-irs-didnt-get-the-memo/" />
		<id>https://reason.com/?p=8383058</id>
		<updated>2026-05-21T18:04:47Z</updated>
		<published>2026-05-21T18:04:47Z</published>
			<category scheme="https://reason.com/latest/" term="Charity/Philanthropy" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="IRS" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech. ]]></summary>
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		<p><span style="font-weight: 400;">The Supreme Court issued a resounding victory for donor privacy and free speech last month in </span><i><span style="font-weight: 400;">First Choice Women's Resource Centers v. Davenport</span></i><span style="font-weight: 400;">, but it is cold comfort to the hundreds of thousands of nonprofit organizations around the country that must continue handing over similar information to the IRS every year.</span></p>
<p><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;"> reaffirmed that the First Amendment strongly protects the privacy of nonprofit supporters. The case arose after New Jersey's attorney general issued a sweeping subpoena to First Choice, a Christian, pro-life medical nonprofit serving pregnant women, new mothers, and fathers. The subpoena demanded the names and addresses of nearly all of First Choice's donors. The Supreme Court </span><a href="https://www.supremecourt.gov/opinions/25pdf/24-781_pok0.pdf"><span style="font-weight: 400;">unanimously held</span></a><span style="font-weight: 400;"> that such demands inflict real and immediate harm because they deter people from associating with disfavored groups—even if the government promises to keep the information confidential.</span></p>
<p><span style="font-weight: 400;">This outcome should not be surprising. Nearly 70 years ago, in </span><i><span style="font-weight: 400;">NAACP v. Alabama</span></i><span style="font-weight: 400;">,</span> <span style="font-weight: 400;">the Supreme Court recognized the "vital relationship" between the First Amendment and privacy. Few people might be willing to donate to a controversial or dissident group if that information might fall into the wrong hands. And </span><i><span style="font-weight: 400;">NAACP v. Alabama</span></i><span style="font-weight: 400;"> was a perfect example: the Alabama attorney general tried to obtain a list of the NAACP's members in a blatant move to discourage people living in the Jim Crow South from supporting the civil rights organization. The Supreme Court blocked the effort because the attorney general failed to show that Alabama had an important need for such sensitive information.</span></p>
<p><span style="font-weight: 400;">Drawing on this precedent, </span><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;"> once again explained that demands for donor information inevitably chill First Amendment freedoms. And that's true, the Supreme Court held, the moment the demand is made. Organizations can therefore go straight to federal court to protect their privacy without waiting for a state court to order them to comply.</span></p>
<p><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;"> will have implications far beyond one New Jersey subpoena. To its credit, the federal government recognized as much, filing an </span><a href="https://www.supremecourt.gov/DocketPDF/24/24-781/373089/20250828145641364_24-781%20tsamicus%20UnitedStates.pdf"><span style="font-weight: 400;">amicus brief</span></a><span style="font-weight: 400;"> urging the Court to rule in the nonprofit's favor.</span></p>
<p><span style="font-weight: 400;">But it's a much different story for the federal government in </span><i><span style="font-weight: 400;">Buckeye Institute v. Internal Revenue Service</span></i><span style="font-weight: 400;">, a case that our organization, the </span><a href="http://www.ifs.org/"><span style="font-weight: 400;">Institute for Free Speech</span></a><span style="font-weight: 400;">, is litigating in the U.S. Court of Appeals for the 6th Circuit.</span></p>
<p><span style="font-weight: 400;">In </span><i><span style="font-weight: 400;">Buckeye</span></i><span style="font-weight: 400;">, the IRS is defending a broad disclosure regime that requires hundreds of thousands of nonprofits to disclose donor information to the federal government every year. Five years ago, in </span><i><span style="font-weight: 400;">Americans for Prosperity Foundation v. Bonta</span></i><span style="font-weight: 400;">, the Supreme Court held that disclosing this information—which appears on a tax form called a Schedule B—creates a </span><a href="https://www.supremecourt.gov/opinions/20pdf/594us2r65_2co3.pdf"><span style="font-weight: 400;">"real and pervasive"</span></a><span style="font-weight: 400;"> chilling effect on the First Amendment. But the IRS claims that because donors to Buckeye can receive a tax deduction for their charitable contribution, </span><i><span style="font-weight: 400;">Bonta </span></i><span style="font-weight: 400;">doesn't apply.</span></p>
<p><span style="font-weight: 400;">On the same day the Supreme Court announced its decision in </span><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;">, the IRS was in the 6th Circuit </span><a href="https://www.ifs.org/podcast/free-speech-arguments-episode-50-irs-donor-disclosure-law-what-first-amendment-standard-of-review-applies-the-buckeye-institute-v-internal-revenue-service/"><span style="font-weight: 400;">arguing</span></a><span style="font-weight: 400;"> that courts should not second guess the government's claimed need to stockpile a treasure trove of sensitive donor data.</span></p>
<p><span style="font-weight: 400;">The central question in </span><i><span style="font-weight: 400;">Buckeye</span></i><span style="font-weight: 400;"> is what standard courts must apply to evaluate the law. The Supreme Court's decision in </span><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;"> reaffirmed that "any demand" for donor information requires the government to satisfy "exacting scrutiny." That means the government cannot compel organizations to reveal their donors without first proving that collecting this information is necessary to further an important government interest.</span></p>
<p><span style="font-weight: 400;">But in </span><i><span style="font-weight: 400;">Buckeye</span></i><span style="font-weight: 400;">,</span> <span style="font-weight: 400;">the federal government has urged the court to adopt a far more deferential approach on the theory that nonprofit organizations can avoid the disclosure requirement simply by forgoing tax-exempt status. This interpretation would allow the government to condition valuable tax benefits on a willingness to surrender one's fundamental rights.</span></p>
<p><i><span style="font-weight: 400;">Buckeye</span></i><span style="font-weight: 400;"> is far more than a technical dispute about tax forms. At stake is whether the federal government can systematically collect the identities of tens of thousands of nonprofit donors—year after year, across the entire country—despite no suspicion of wrongdoing, and without even a second glance from the courts.</span></p>
<p><i><span style="font-weight: 400;">First Choice</span></i><span style="font-weight: 400;"> recognizes how critical associational privacy is to the freedoms we all cherish. But those freedoms mean nothing if the courts do not apply the scrutiny to government overreach that the Constitution demands.</span></p>
<p>The post <a href="https://reason.com/2026/05/21/the-supreme-court-protected-donor-privacy-the-irs-didnt-get-the-memo/">The Supreme Court Protected Donor Privacy. The IRS Didn&#039;t Get the Memo.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Donor privacy, supreme court case]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump's Corruption Is Brazen, Obvious, and Costly. Will Enough Republicans Try To Stop Him?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/trumps-corruption-is-brazen-obvious-and-costly-will-enough-republicans-try-to-stop-him/" />
		<id>https://reason.com/?p=8382828</id>
		<updated>2026-05-22T13:23:50Z</updated>
		<published>2026-05-21T17:45:03Z</published>
			<category scheme="https://reason.com/latest/" term="Impeachment" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Crony Capitalism" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Fraud" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Trust in Government" />		<summary type="html"><![CDATA[Impeachment is the appropriate remedy for this type of outright violation of the public trust. ]]></summary>
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		<p>While <a href="https://www.c-span.org/program/public-affairs-event/vice-president-vance-on-american-manufacturing-and-the-economy/679445">addressing a crowd of manufacturing workers</a> in Missouri this week, Vice President J.D. Vance detailed how his staff is tirelessly working to root out fraud in the federal government.</p>
<p>"There is a simple principle that I have, which is: If you are committing fraud against the American people, you should go to prison," Vance said.</p>
<p>After waiting for the cheers to die down, he continued, "If you are a public official, and you are not fighting against fraud, you ought to have your money taken away, because [officials] should not be able to steal from all of you."</p>
<p>Yes, if there is one thing the Trump administration simply will not tolerate, it is the theft of public money or government officials getting rich off such fraud.</p>
<p>But, wow, that sure seems to be happening a lot these days.</p>
<p>On <em>the same day</em> that Vance was speaking, the White House and the federal Department of Justice put the finishing touches on <a href="https://www.justice.gov/opa/pr/justice-department-announces-anti-weaponization-fund">an agreement</a> that will transfer nearly $1.8 billion <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">from American taxpayers</a> to President Donald Trump.</p>
<p>Officially, the "Anti-Weaponization Fund" will provide payments to "redress claims of others who suffered weaponization and lawfare."</p>
<p>In reality, this is a massive taxpayer-funded slush fund that Trump will be able to distribute to his friends and allies—including those who rioted at the U.S. Capitol in January 2021. The fund will be <a href="https://www.documentcloud.org/documents/28132616-sdfl-settlement-signed/">controlled by a five-member board</a>, with all five appointed by the attorney general and removable by the president at any time without cause.</p>
<p>This should be <a href="https://walterolson.substack.com/p/the-most-corrupt-act-ever-taken-by">one of the biggest scandals</a> in presidential history. Trump sued himself, then agreed to settle the lawsuit with an amount of taxpayer money that his lawyers determined. It's so brazenly corrupt that it feels absurd. Plenty of politicians engage in self-dealing, but you'd have a hard time finding an example of one who grabbed the cookie jar so directly and stuck his hand inside, in full view of the public.</p>
<p>"The entire affair reeks of corruption," <a href="https://reason.com/2026/05/19/trump-settles-his-own-lawsuit-against-the-irs-for-1-8-billion-of-your-money/">wrote</a> <em>Reason</em>'s Joe Lancaster earlier this week.</p>
<p>In this administration, that stench is becoming overwhelming. The Anti-Weaponization Fund is merely the most blatant example (so far) of Trump's corruption, but it is just one part of a cavalcade that's happening right in front of everyone's faces.</p>
<p>Government records show that Trump <a href="https://www.notus.org/money/donald-trump-stock-investments-palantir-axom-nvidia">bought and sold millions of dollars in stock</a> in companies that contract with or are regulated by the federal government, as <a href="https://readsludge.com/2026/05/14/trump-pivots-from-bonds-to-buying-hundreds-of-individual-corporate-stocks/">first reported last week</a> by investigative outfit <em>Sludge</em>. Disclosures filed earlier this month with the Office of Government Ethics show that Trump made more than 3,600 stock trades during the first three months of the year.</p>
<p>A few really stand out. Trump <a href="https://apnews.com/article/stock-trading-trump-nvidia-apple-defense-1bd6e661929430892ae8f1eced3e0df8">bought stock</a> in the <a href="https://www.cnbc.com/2026/05/15/trump-palantir-stock-truth-social.html">tech company Palantir</a> just before it inked <a href="https://www.wired.com/story/department-homeland-security-ice-billion-dollar-agreement-palantir/">a massive government contract</a>. He also bought $680,000 worth of stock in Eli Lilly, a pharmaceutical company. "The timing of Trump's purchases coincides with several favorable government decisions benefiting the drugmaker's GLP-1 business, including progress toward a long-held goal: qualifying the drugs for reimbursement from Medicare, the government health insurance program primarily serving seniors, when they are prescribed for weight loss," <a href="https://kffhealthnews.org/health-industry/trump-stock-trades-eli-lilly-glp-1-weight-loss-drugs-invest-ethics-disclosures/">reported</a> <em>KFF Health News</em>.</p>
<p>The White House has <a href="https://www.notus.org/money/donald-trump-stock-investments-palantir-axom-nvidia">denied</a> that there is any conflict of interest in those decisions, but the potential for one seems obvious.</p>
<p>And, like with Vance's comments this week, the gulf between what the administration says and does is vast. During the State of the Union address in February, Trump <a href="https://www.politico.com/live-updates/2026/02/24/trump-state-of-the-union-address-2026/trump-backs-congress-stock-trading-ban-00797162">called for a ban</a> on members of Congress trading stocks. Conservatives have complained for years about former Speaker of the House <a href="https://pelositracker.app/">Nancy Pelosi</a> (D–Calif.) and other high-ranking officials using their positions and insider information to enrich themselves.</p>
<p>Instead of draining that swamp, Trump is now engaged in the same behavior.</p>
<p>Then, there are the foreign entanglements, many of which seem to involve Trump's children and their spouses. Jared Kushner, the president's son-in-law, is one of the administration's top negotiators in the Middle East. He also runs a private equity firm that <a href="https://www.nytimes.com/2022/04/10/us/jared-kushner-saudi-investment-fund.html?ref=readtangle.com">accepted a $2 billion investment</a> from the government of Saudi Arabia in 2024, and he's reportedly been <a href="https://www.nytimes.com/2026/03/13/business/jared-kushner-affinity-mideast-funds.html?ref=readtangle.com">soliciting other investments</a> while negotiating an end to the war with Iran.</p>
<p>The Gulf States, in particular, are threatened by a long-term war, which could further destroy their oil and gas infrastructure. How much would they be willing to pay Trump's family to make the war go away sooner rather than later? This is gangster-type stuff masquerading as diplomacy.</p>
<p>Meanwhile, Trump's sons <a href="https://www.facebook.com/financialtimes/posts/ft-exclusive-a-company-linked-to-donald-trumps-sons-has-asked-the-us-defence-dep/1383107887195918/">have reportedly been given a stake</a> in a Kazakh mining company that recently won a $1.6 billion contract from the administration. Separately, the U.S. Air Force <a href="https://www.bloomberg.com/news/articles/2026-04-30/trump-family-backed-drone-firm-signs-weapons-deal-with-us">has agreed to buy drones</a> from a company partially owned by Donald Trump Jr. and Eric Trump.</p>
<p>And the hypocrisy is rank. Republicans drew up articles of impeachment against President Joe Biden because of the corrupt links between his son, Hunter Biden, and a Ukrainian oil company. Now, the Trump administration is seemingly mocking the Bidens for not thinking big enough.</p>
<p>Asked in January about his family making money on business deals while he's president, Trump <a href="https://www.nytimes.com/2026/01/08/us/politics/trump-family-foreign-business-deals.html?ref=readtangle.com#:~:text=%E2%80%9CI%20prohibited%20them,I%E2%80%99m%20allowed%20to.%E2%80%9D">told</a> <em>The New York Times </em>that "nobody cared" when he limited such behavior during his first term.</p>
<p class="css-ac37hb evys1bk0">"I prohibited them from doing business in my first term, and I got absolutely no credit for it," he said. "I didn't have to do that. And it's really unfair to them."</p>
<p>"The president is profiting off the office and making foreign policy decisions based on business interests to a level we've never seen or even conceived of before, and apparently nothing is being done to stop it," wrote journalist Isaac Saul in an exhaustive, <a href="https://www.readtangle.com/responses-to-my-trump-corruption-piece-reader-feedback/">6,000-word essay</a> at <em>Tangle</em> earlier this month.</p>
<p>What can be done? For starters, administration officials should follow the example of Treasury Department general counsel Brian Morrissey, who <a href="https://www.nytimes.com/2026/05/18/business/anti-weaponization-fund-brian-morrissey-treasury.html" data-mrf-link="https://www.nytimes.com/2026/05/18/business/anti-weaponization-fund-brian-morrissey-treasury.html">resigned</a> this week, apparently in response to the creation of the $1.8 billion slush fund.</p>
<p>The "Anti-Weaponization fund" is so egregious that it might actually get some Republicans in Congress to rediscover their spines. "We're gonna try to kill it," <a href="https://x.com/MacFarlaneNews/status/2057149559982207239">said</a> Rep. Brian Fitzpatrick (R–Pa.) when asked about the fund. "You can't do that."</p>
<p>"We are a nation of laws, you can't just make up things whole-piece," Sen. Bill Cassidy (R–La.), who lost a primary election earlier this month, <a href="https://thehill.com/homenews/5884237-cassidy-calls-out-trump-fund/">told</a> <em>The Hill.*</em> "It is as if somebody sued themselves and agreed upon a settlement with themselves that's going to be funded by the rest of us. If that's the case: What?!"</p>
<p>The ultimate remedy to this pattern of behavior is <a href="https://www.theatlantic.com/ideas/archive/2019/11/impeachment-not-coup/601981/">impeachment</a>. That power was given to Congress for specifically this type of misconduct, so that lawmakers could address "the abuse of violation of some public trust," as Alexander Hamilton <a href="https://en.wikipedia.org/wiki/Federalist_No._65">wrote</a> in <em>Federalist</em> No. 65.</p>
<p>Outright public corruption is a problem on its own terms, of course. It means fewer tax dollars are available for public services, and causes capital investments to be misallocated because of cronyist considerations.</p>
<p>It also undermines the norms and institutions that are supposed to prevent corruption—and, thus, encourages more of it. Sure, roll your eyes at the "norms" all you want, but there doesn't appear to be any law or rules that prevent a president from suing his own Justice Department and then settling the lawsuit and pocketing a ton of taxpayers' money. Dozens of other men have held the presidency without doing that. Now that one has, it becomes easier for the next to do it too.</p>
<p>This is a slide that must be stopped before it gets worse. Conservatives who hand-wave Trump's corruption with whataboutism, focused on Biden or Hillary Clinton or anyone else, are doing the opposite of that. Ignoring Trump's corruption will invite more and worse from him and others.</p>
<p>And the next time Vance talks about how this administration is focused on reducing fraud in government, he should be booed and laughed off stage.</p>
<p><em>*CORRECTION: This article misidentified the senator from Louisiana.</em></p>
<p>The post <a href="https://reason.com/2026/05/21/trumps-corruption-is-brazen-obvious-and-costly-will-enough-republicans-try-to-stop-him/">Trump&#039;s Corruption Is Brazen, Obvious, and Costly. Will Enough Republicans Try To Stop Him?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Samuel Corum - Pool via CNP/picture alliance/Consolidated News/Joe Sohm/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump and Oval Office in a red shade of color]]></media:description>
		<media:title><![CDATA[trump-corruption-v1]]></media:title>
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	</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[
				An ICE Detainee Died from a Tooth Infection, Autopsy Report Says			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/an-ice-detainee-died-from-a-tooth-infection-autopsy-report-says/" />
		<id>https://reason.com/?p=8383012</id>
		<updated>2026-05-21T17:46:28Z</updated>
		<published>2026-05-21T17:30:18Z</published>
			<category scheme="https://reason.com/latest/" term="Health Care" /><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="Arizona" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Homeland security" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Transparency" />		<summary type="html"><![CDATA[Arizona Democrats are calling for a full investigation and transparency after a medical examiner concluded Emmanuel Damas died from a severe tooth infection.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/an-ice-detainee-died-from-a-tooth-infection-autopsy-report-says/">
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		<p>A 56-year-old Haitian man being held in Immigration and Customs Enforcement (ICE) custody in Arizona died from complications from an untreated tooth infection, a medical examiner's report released earlier this month found.</p>
<p>Emmanuel Damas died on March 2 after being transferred to a local hospital from the Central Arizona Florence Correctional Center, a private correctional complex that houses ICE detainees. A <a href="https://www.documentcloud.org/documents/28135093-ome-case-file-case-26-02406-medical-examiner-report-pdf-final-damas/">report</a> by the Maricopa County Medical Examiner's Office, obtained through a public records request, concluded that Damas "died as a result of Complications of Necrotizing Mediastinitis with Neck and Retropharyngeal Abscess in the setting of Severe Dental Caries and Periodontal Disease."</p>
<p>Mediastinitis is a life-threatening chest infection. A retropharyngeal abscess is a large, life-threatening collection of pus at the back of the throat, also resulting from a severe infection.</p>
<p>The autopsy results, first <a href="https://azmirror.com/briefs/medical-examiner-arizona-emmanuel-damas-untreated-tooth-infection-killed-him/">reported</a> by the <em>Arizona Mirror</em>, come as deaths in ICE custody have reached an <a href="https://reason.com/2026/04/06/a-deadly-immigration-crackdown/">all-time high</a> and allegations of <a href="https://reason.com/2025/07/21/report-alleges-degrading-treatment-and-medical-neglect-at-south-florida-ice-detention-centers/">abuse and neglect</a> <a href="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/">continue to pour</a> out of federal detention centers.</p>
<p>For example, after Geraldo Lunas Campos, a detainee at the Camp East Montana detention facility in Texas, died on Jan. 3, ICE initially claimed that he committed suicide, but the El Paso Medical Examiner's Office ruled his death a homicide by asphyxiation. Multiple detainee <a href="https://www.washingtonpost.com/business/2026/01/23/ice-detainee-death-911-calls/">witnesses</a> <a href="https://zeteo.com/p/texas-ice-homicide-choking-guards">told</a> news outlets that guards choked Lunas Campos to death after he refused to stop asking for his medication.</p>
<p><em>Reason</em> also previously reported on the <a href="https://reason.com/2025/07/30/woman-who-died-of-heart-disease-in-ice-custody-reportedly-told-son-she-wasnt-allowed-to-see-doctor-for-chest-pains/">case of Marie Ange Blaise</a>, a 44-year-old Haitian national who died last April of a heart attack at a private detention facility in Broward County, Florida. Blaise's son told a county investigator that his mother said in a phone call with him on the day she died that staff refused to let her see a physician for chest pains. Detainees who witnessed Blaise collapse told human rights groups there was also a slow staff response, and guards initially ignored them when they yelled for help.</p>
<p>Damas was transferred to ICE custody last September after being arrested and charged in Buffalo, New York, with assault and battery, according to an ICE <a href="https://www.ice.gov/doclib/foia/reports/ddr_DAMASEmmanuel.pdf">report</a> on his death. The report says Damas "received regular medical and dental evaluations" and that he declined recommendations for tooth extractions.</p>
<p>On Feb. 19, Damas was transferred to a hospital where he was diagnosed with acute respiratory failure due to septic shock. He remained ventilated and on life support until he died on March 2.</p>
<p>However, <em>Arizona Family</em> <a href="https://www.azfamily.com/2026/03/05/haitian-man-detained-arizona-ice-facility-dies-us-custody-brother-says/">reported</a> that Damas' brother, Presley Nelson, said Damas told medical staff at the detention center that he had a toothache in mid-February, but he was not sent to a dentist. The outlet wrote that Nelson "believes the staff at the facility did not take his brother's complaints seriously, even though it was a treatable condition."</p>
<p>In response to the medical examiner's findings, Rep. Adelita Grijalva (D–Ariz.) said in a <a href="https://grijalva.house.gov/media/press-releases/rep-grijalva-responds-to-medical-examiner-s-findings-on-death-of-emmanuel-damas">press release</a> that "a toothache should never escalate into a fatal medical emergency, especially while someone is in government custody and entirely dependent on detention staff for access to care."</p>
<p>In March, Grijalva and two other Arizona Democrats <a href="https://grijalva.house.gov/media/press-releases/reps-grijalva-ansari-and-stanton-demand-investigation-into-death-of-haitian-asylum-seeker-emmanuel-damas-held-in-ice-custody">demanded an investigation</a> into Damas' death and the release of his full medical records. Grijalva said that her office has yet to receive the "full records, transparency, or accountability that his family deserves."</p>
<p>The Department of Homeland Security did not immediately respond to a request for comment.</p>
<p>The post <a href="https://reason.com/2026/05/21/an-ice-detainee-died-from-a-tooth-infection-autopsy-report-says/">An ICE Detainee Died from a Tooth Infection, Autopsy Report Says</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Maricopa County Office of The Medical Examiner/ICE.org]]></media:credit>
		<media:description type="html"><![CDATA[autopsy report]]></media:description>
		<media:title><![CDATA[ICE-Death-5-20]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/ICE-Death-5-20-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Autumn Billings</name>
							<uri>https://reason.com/people/autumn-billings/</uri>
					</author>
					<title type="html"><![CDATA[
				Is the DHS Tracking ICE Critics? The Public Deserves Answers.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/21/is-the-dhs-tracking-ice-critics-the-public-deserves-answers/" />
		<id>https://reason.com/?p=8382964</id>
		<updated>2026-05-21T17:45:38Z</updated>
		<published>2026-05-21T15:40:41Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="FOIA" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The DHS reportedly maintains a database tracking critics of the Trump administration’s immigration policies. Free speech advocates warn it could chill constitutionally protected speech.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/21/is-the-dhs-tracking-ice-critics-the-public-deserves-answers/">
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		<p><span style="font-weight: 400;">Free speech advocates want to know more about the Department of Homeland Security's (DHS) rumored database that tracks critics of the Trump administration's immigration policies and its potential to chill constitutionally protected speech. But so far, the agency has ignored repeated Freedom of Information Act requests for public records. </span></p>
<p><span style="font-weight: 400;">Amidst the rising tensions between federal immigration agents and protestors earlier this year, President Donald Trump's border czar, Tom Homan, </span><a href="https://www.foxnews.com/video/6387789141112"><span style="font-weight: 400;">announced</span></a><span style="font-weight: 400;"> on Fox News in January his push to create a database to prosecute people who "impede or interfere" with immigration operations. Such a database, according to Homan, would include those who film officers—an activity protected under the First Amendment. </span></p>
<p><span style="font-weight: 400;">Shortly after, a </span><a href="https://x.com/kenklippenstein/status/2014752856843161969?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E2014752856843161969%7Ctwgr%5Edf48906f6b395cd6d6c631c7f73f94a027e85dd6%7Ctwcon%5Es1_&amp;ref_url=https%3A%2F%2Freason.com%2F2026%2F01%2F23%2Fice-tells-legal-observer-we-have-a-nice-little-database-and-now-youre-considered-a-domestic-terrorist%2F"><span style="font-weight: 400;">video</span></a><span style="font-weight: 400;"> went viral of an Immigration and Customs Enforcement (ICE) agent documenting a legal observer's car. When asked what he was doing, he told the observer, "Because we have a nice little database, and now you're considered a domestic terrorist." And CNN </span><a href="https://www.cnn.com/2026/01/27/us/alex-pretti-protesters-minneapolis-invs"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> on a DHS memo asking agents assigned to Minneapolis to "capture all images, license plates, identifications, and general information on hotels, agitators, protestors, etc., so we can capture it all in one consolidated form." </span></p>
<p><span style="font-weight: 400;">Although the former DHS spokesperson Tricia McLaughlin staunchly </span><a href="https://www.ms.now/rachel-maddow-show/maddowblog/team-trump-expresses-new-concerns-about-citizens-filming-dhs-officers"><span style="font-weight: 400;">denied</span></a><span style="font-weight: 400;"> the existence of such a database, the Foundation for Individual Rights and Expression (FIRE), a nonprofit organization that defends Americans' right to free speech and free thought, wanted to learn more to shed light on the government's activities and data collection.</span> <span style="font-weight: 400;">Coupled with federal agencies' increased use of facial recognition software through contracts with companies like Mobile Fortify and Clearview AI, such a database could have "serious First Amendment implications," according to a new </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400;">lawsuit</span></a><span style="font-weight: 400;"> FIRE filed this week against the DHS and ICE in federal court. </span></p>
<p><span style="font-weight: 400;">"Americans deserve to know more about this database, starting with whether it exists," FIRE attorney Jacob Gaba said in a </span><a href="https://www.fire.org/news/fire-sues-dhs-information-about-alleged-database-ice-protesters"><span style="font-weight: 400;">statement</span></a><span style="font-weight: 400;">. And if it does exist, oversight might be required to ensure constitutional compliance. "The First Amendment prohibits the government from retaliating against peaceful protestors," continued Gaba, "including by putting their names and faces in a shadowy database. </span></p>
<p><span style="font-weight: 400;">But so far, according to the </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400;">complaint</span></a><span style="font-weight: 400;">, the DHS and ICE have failed to respond to four separate Freedom of Information Act (FOIA) requests submitted by FIRE since January. The requests asked for any public records concerning, in part, "the existence&hellip;[of] any database referenced by Homan's comments," all training materials or guidance on entering information into the database, "all communications&hellip;with vendors regarding the development&hellip;of the database," and "any records showing that [the agency] sought a legal opinion regarding the legality of the database." </span></p>
<p><span style="font-weight: 400;">Under </span><a href="https://www.law.cornell.edu/uscode/text/5/552"><span style="font-weight: 400;">federal law</span></a><span style="font-weight: 400;">, the DHS and ICE must determine within 20 business days after receiving a request whether to comply or notify that the request has been denied. Instead, FIRE's FOIA requests, dated January 28, February 5, and February 11, have been left "pending" as of May 19, according to the </span><a href="https://www.fire.org/research-learn/complaint-fire-v-dept-homeland-security-and-immigration-and-customs-enforcement"><span style="font-weight: 400;">lawsuit</span></a><span style="font-weight: 400;">. Left with no response, FIRE has asked a federal judge to, in part, order the agencies to disclose the requested public records.</span></p>
<p><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> also reached out to the DHS for comment on FIRE's unaddressed FOIA requests and to ask whether such a database truly exists, but did not immediately receive a response.</span></p>
<p><span style="font-weight: 400;">This is not the only instance in which the DHS and ICE have ignored FOIA requests on the agencies' potentially First Amendment-violating actions. Last month, </span><a href="https://reason.com/2026/04/24/civil-liberties-groups-sue-for-information-on-ices-speech-chilling-subpoenas/"><span style="font-weight: 400;">two lawsuits</span></a><span style="font-weight: 400;"> were filed by the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) against the DHS and ICE for failing to respond to FOIA requests to learn more about the potentially unconstitutional use of unmasking subpoenas to identify ICE's anonymous online critics. </span></p>
<p><span style="font-weight: 400;">Since former Secretary of Homeland Security Kristi Noem was </span><a href="https://reason.com/2026/03/05/trump-fires-kristi-noem-from-dhs/"><span style="font-weight: 400;">fired</span></a><span style="font-weight: 400;"> in March and replaced by Markwayne Mullin, the DHS and ICE have pivoted to a much </span><a href="https://www.nytimes.com/2026/04/10/magazine/self-deportation-ice.html"><span style="font-weight: 400;">quieter</span></a><span style="font-weight: 400;"> media strategy. But plans to orchestrate mass deportations have not changed. And neither have the Trump administration's plans to </span><a href="https://www.whitehouse.gov/presidential-actions/2025/09/countering-domestic-terrorism-and-organized-political-violence/"><span style="font-weight: 400;">counter</span></a><span style="font-weight: 400;"> domestic terrorists, including the </span><a href="https://www.whitehouse.gov/presidential-actions/2025/09/countering-domestic-terrorism-and-organized-political-violence/"><span style="font-weight: 400;">broadly defined</span></a><span style="font-weight: 400;"> "Antifa." </span></p>
<p><span style="font-weight: 400;">FOIA requests, like the ones submitted by FIRE, are essential to ensure agencies remain transparent and accountable when implementing such controversial policies. The DHS and ICE must comply, whether or not the rumored database exists, because either scenario threatens Americans' First Amendment rights, </span><a href="https://www.fire.org/news/fire-sues-dhs-information-about-alleged-database-ice-protesters"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to Gaba. </span></p>
<p><span style="font-weight: 400;">"Either there is, in fact, a database of people exercising their right to criticize the government—which would be a frightening and unconstitutional abuse of power—or officials are just engaging in loose talk that intimidates people into silence," Gaba explained. "Both outcomes are unacceptable in a free society." </span></p>
<p>The post <a href="https://reason.com/2026/05/21/is-the-dhs-tracking-ice-critics-the-public-deserves-answers/">Is the DHS Tracking ICE Critics? The Public Deserves Answers.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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