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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
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	<updated>
		2026-06-27T03:00:00Z	</updated>

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	<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=8390560</id>
		<updated>2026-06-27T07:00:00Z</updated>
		<published>2026-06-27T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
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			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/06/27/open-thread-248/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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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[
				My Very Long Ride on the MAGA Ferris Wheel			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/my-very-long-ride-on-the-maga-ferris-wheel/" />
		<id>https://reason.com/?p=8390478</id>
		<updated>2026-06-27T01:19:54Z</updated>
		<published>2026-06-26T20:19:11Z</published>
			<category scheme="https://reason.com/latest/" term="Freedom" /><category scheme="https://reason.com/latest/" term="4th of July" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="D.C." /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Taxpayers" /><category scheme="https://reason.com/latest/" term="Washington" />		<summary type="html"><![CDATA[The Great American State Fair promised a celebration of freedom. So why was I stuck in the air?]]></summary>
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		<p><span style="font-weight: 400;">There's a scene in </span><i><span style="font-weight: 400;">National Lampoon's European Vacation</span></i><span style="font-weight: 400;"> where our hero, Clark Griswold, takes his family on a very familiar tour as he struggles to exit a London roundabout. "Hey look, kids, there's Big Ben, and there's Parliament!" <a href="https://www.youtube.com/watch?v=iAgX6qlJEMc">he says</a>. "Again."</span></p> <p><span style="font-weight: 400;">I did not know this cultural touchstone until yesterday, when someone I was stuck in a hot box with informed me we were living it. Except our experience was quintessentially American. Instead of the hulking clock tower, we had the Washington Monument. Instead of Parliament, there was the U.S. Capitol. And, most importantly, instead of a car with a right-hand-side driver's seat, we were passengers on the longest Ferris wheel ride of my life.</span></p> <p><span style="font-weight: 400;">Such was my introduction to <a href="https://www.freedom250.org/celebration/the-great-american-state-fair">The Great American State Fair</a>, the exposition erected on the National Mall in Washington, D.C., to celebrate <a href="https://reason.com/tag/america-250/">America's 250th birthday</a>. After making my way through the queue and piling into a car with four others, we waited in suspension. It wasn't until several minutes later, when we finally picked up some speed, that I realized the ride had not technically begun. (Or had it?) Around we went. There was some moving, and some waiting, and some rocking in the wind, all typical Ferris wheel things. Until, during one such waiting period—by which point I had come to resemble a ripe little cherry tomato—I started to question whether the ride would ever end.</span></p> <p><span style="font-weight: 400;">Seated in the car were a handful of locals, along with a lovely woman from Montana, who joked that we were getting a real bang for the taxpayer buck with our eternal ride. It's a fair point, especially when you venture from approximately 2,000 miles west. A mustachioed man diagonally across from me observed that we had spent longer dangling in the air than we had waiting in line, and I took many photos of him and his apparent girlfriend, because, hey, we had the time. There was a playful and slightly anxious aversion to anti-MAGA sentiment, as if the spirit of President Donald J. Trump might show up to blow on our carriage and send our gondola in the sky tumbling to the pavilion below.</span></p> <p><span style="font-weight: 400;">"I'm very MAGA," the fourth passenger told the car on one of our descents. She then leaned up against the doors, pressing her face against the glass, like a kid longing for candy on the other side. "Sir," she said. "Can you please let us off?" She was, in that moment, the hero of </span><i><span style="font-weight: 400;">our</span></i><span style="font-weight: 400;"> story. The attendant smiled and pointed skyward. Up again we went.</span></p> <p><span style="font-weight: 400;">In retrospect, there were signs: "Freedom 250" sprawled onto each car, a reference to the group the Trump administration formed to rival America250—the decade-long bipartisan planning effort to commemorate the Founding. Freedom was everywhere, really. Red and white and blue and gold and stars and flags and people milling about eating turkey legs beneath us. Freedom, freedom, freedom. So why was I locked in this aerial dew drop?</span></p> <p><span style="font-weight: 400;">The upside, maybe, is that Ferris wheels invite introspection. What else is there to do when hanging delicately from a capsule, surveying the view? And here, on this particular ride, we were taunted with some of the most iconic symbols of freedom while unable to extract it ourselves. Nothing makes you appreciate your liberty more than losing it. Which made me wonder, in Carrie Bradshaw fashion, if the entire thing was a psyop meant to coax us into relishing the autonomy that makes America exceptional. I think it worked.</span></p> <figure class="alignnone wp-image-8390624 size-full"><img fetchpriority="high" decoding="async" class="alignnone wp-image-8390624 size-full" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/great-american-state-fair-rodeo.png" alt="A woman is seen riding horses at the Great American State Fair rodeo" width="1816" height="1272" data-credit="Billy Binion" srcset="https://reason.com/wp-content/uploads/2026/06/great-american-state-fair-rodeo.png 1816w, https://reason.com/wp-content/uploads/2026/06/great-american-state-fair-rodeo-300x210.png 300w, https://reason.com/wp-content/uploads/2026/06/great-american-state-fair-rodeo-1024x717.png 1024w, https://reason.com/wp-content/uploads/2026/06/great-american-state-fair-rodeo-768x538.png 768w, https://reason.com/wp-content/uploads/2026/06/great-american-state-fair-rodeo-1536x1076.png 1536w" sizes="(max-width: 1816px) 100vw, 1816px" /><figcaption>Billy Binion</figcaption></figure> <p><span style="font-weight: 400;">The view was also striking because of what was absent. To my left, the grass was a lush, nearly unpopulated carpet stretching toward the Washington Monument, abutted by booths tailored to the states <a href="https://www.newsweek.com/map-shows-states-skipping-america-250-fair-12124184">willing to participate</a> amid the polarizing planning process. To my right, there was a small rodeo that featured, among others, a woman wearing a skin-tight, sparkly pink bodysuit. There were stalls selling refreshments like water bottles and sugary strawberry lemonades—about $5 and $10, respectively—and an enclosure where you could watch the World Cup. And that was basically it. "The Great American State Fair" was always a paradox, but a welcome one: a state fair that went national would, in theory, outcompete the actual state fairs by bulking up on circus-like steroids. Who doesn't love a fair? Yet there's a good chance you will find more magic at a small-town carnival.</span></p> <p><span style="font-weight: 400;">It's also a missed opportunity. That is evidenced, counterintuitively, by my Ferris-turned-hamster wheel ride.</span></p> <p><span style="font-weight: 400;">It isn't very often that you cram a bunch of strangers into a pod and send them heavenward: to think, to bake under the sun, to wonder aloud when, exactly, you are going to be permitted to get down. Transportation Secretary Sean Duffy has <a href="https://www.nbcnews.com/news/us-news/sean-duffy-dot-fire-back-critics-new-reality-show-rcna344428">gotten flak</a> for filming a reality television program—</span><a href="https://america250.org/event/the-great-american-road-trip/"><i><span style="font-weight: 400;">The Great American Road Trip</span></i></a><span style="font-weight: 400;">—while a government employee. It's a little weird, I'll admit. Perhaps it would have been better to recruit ideologically diverse groups for those Great American Ferris Wheel cars and leave them to work out their differences for 40 minutes. That's about how long I'd estimate my ride was, though I felt I had aged considerably more upon exiting and kissing the ground. Maybe participants would meet a nice lady from Montana, who would teach them that it allegedly can snow there in June. I would watch that.</span></p> <p><span style="font-weight: 400;">I might even go on it again. In </span><i><span style="font-weight: 400;">National Lampoon's European Vacation</span></i><span style="font-weight: 400;">, Griswold found himself stuck in a loop mostly because he was a clown. In London, the exit was his for the taking. But this is America. We </span><i><span style="font-weight: 400;">choose</span></i><span style="font-weight: 400;"> to do the hard thing. "I'm so sorry," a friend texted me after I told her that my new home was a Ferris wheel, "but this is really funny." I can't say I disagree.</span></p><p>The post <a href="https://reason.com/2026/06/26/my-very-long-ride-on-the-maga-ferris-wheel/">My Very Long Ride on the MAGA Ferris Wheel</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Billy Binion]]></media:credit>
		<media:description type="html"><![CDATA[Billy Binion seen next to the Ferris wheel at the Great American State Fair]]></media:description>
		<media:title><![CDATA[Great American State Fair Ferris Wheel]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Gene Healy</name>
							<uri>https://reason.com/people/gene-healy/</uri>
					</author>
					<title type="html"><![CDATA[
				The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/the-senates-failure-to-rein-in-trump-on-iran-is-part-of-a-long-history-of-congress-abdicating-its-war-powers/" />
		<id>https://reason.com/?p=8390562</id>
		<updated>2026-06-26T19:45:17Z</updated>
		<published>2026-06-26T19:45:17Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Executive Branch" /><category scheme="https://reason.com/latest/" term="Executive overreach" /><category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Presidential History" /><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="Constitution" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Iran" />		<summary type="html"><![CDATA[War making in "the power of a single man" is not what the Founders intended.]]></summary>
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		<p><span style="font-weight: 400;">On Tuesday, the Senate briefly asserted its constitutional prerogative over war and peace. In a 50–48 vote, with four Republicans joining the majority, it passed a resolution directing President Donald Trump to remove United States Armed Forces from hostilities against Iran.</span></p>
<p><i><span style="font-weight: 400;">Politico</span></i> <a href="https://www.politico.com/news/2026/05/19/senate-anti-iran-war-measure-00928868"><span style="font-weight: 400;">called</span></a><span style="font-weight: 400;"> it a "surprise blow to Trump." </span><i><span style="font-weight: 400;">The New York Times</span></i> <a href="https://www.nytimes.com/2026/06/23/us/politics/senate-trump-war-powers-iran.html"><span style="font-weight: 400;">described it</span></a><span style="font-weight: 400;"> as "the most significant bipartisan rebuke yet of the conflict." </span></p>
<p><span style="font-weight: 400;">But the moment didn't last. The next day, after Trump—"mad as a murder hornet"—</span><a href="https://www.washingtonpost.com/politics/2026/06/25/under-pressure-trump-republican-led-senate-reverses-course-iran/"><span style="font-weight: 400;">berated</span></a><span style="font-weight: 400;"> the Republican defectors at lunch, he got a do-over. Late Wednesday night, Senate Republicans forced a vote on a parallel War Powers Resolution introduced by Sen. Tim Kaine (D–Va.). With Sen. Bill Cassidy (R–La.) switching sides and Sen. Rand Paul (R–Ky.) voting "present," it </span><a href="https://www.nbcnews.com/politics/congress/senate-republicans-reject-war-powers-resolution-trump-cassidy-clash-rcna351703"><span style="font-weight: 400;">failed</span></a><span style="font-weight: 400;"> 47–50–1.</span></p>
<p><span style="font-weight: 400;">The episode underscored Trump's continued dominance over the GOP caucus. More importantly, it was a reminder of how little practical power Congress retains over the most important decision the Constitution entrusts to it. </span></p>
<p><span style="font-weight: 400;">It's been nearly four months since Trump launched Operation Epic Fury,</span> <a href="https://truthsocial.com/@realDonaldTrump/posts/116182551337254643"><span style="font-weight: 400;">demanding</span></a><span style="font-weight: 400;"> "UNCONDITIONAL SURRENDER" from Iran while</span> <a href="https://www.cbsnews.com/news/trump-says-he-doesnt-want-to-call-iran-conflict-a-war-because-of-need-for-congressional-approval/"><span style="font-weight: 400;">denying</span></a><span style="font-weight: 400;"> that the United States was at war. Along the way,</span> <span style="font-weight: 400;">Trump has admitted he was "</span><a href="https://www.reuters.com/world/middle-east/trump-was-warned-likely-iranian-retaliation-gulf-allies-sources-say-2026-03-17/"><span style="font-weight: 400;">shocked</span></a>"<span style="font-weight: 400;"> Iran launched missiles at other Gulf states—"nobody expected that," he said—and seemed </span><a href="https://www.wsj.com/politics/national-security/trump-public-bravado-private-fear-59814dca"><span style="font-weight: 400;">caught off guard</span></a><span style="font-weight: 400;"> by how easily the Strait of Hormuz could be closed, though that scenario has long been a staple of </span><a href="https://www.nytimes.com/2026/06/02/us/politics/trump-iran-strait-of-hormuz.html"><span style="font-weight: 400;">Pentagon war games</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Now the administration is trying to preserve a face-saving settlement that leaves things worse than they were before the first Tomahawk flew. Whatever the multidimensional chess theory was supposed to be, the record looks more like improvisation followed by damage control. </span></p>
<p><span style="font-weight: 400;">Despite the precarious "deal" the administration is struggling to preserve, there is every chance Trump will lose patience and the U.S. will stumble back into open war. Or maybe the president will prefer to hold his next foreign adventure closer to home. It's his choice, after all. </span></p>
<p><span style="font-weight: 400;">In May, Trump's CIA director visited Havana to warn Cuban intelligence officials that they should</span> <a href="https://www.axios.com/2026/05/14/cia-ratcliffe-cuba-talks-raulito"><span style="font-weight: 400;">"take a lesson"</span></a><span style="font-weight: 400;"> from January's regime-change strike in Venezuela. And in an interview</span> <a href="https://www.axios.com/2026/06/19/trump-cuba-iran-war-operation-venezuela"><span style="font-weight: 400;">last week</span></a><span style="font-weight: 400;">, the president mused that Iran is "a very long trip," while "Cuba is a hopscotch." Plus, he noted, Cuba has "nice property" with a "nice shoreline."</span></p>
<p><span style="font-weight: 400;">For the Framers, the point of lodging the war power in Congress was to avoid leaving the body politic vulnerable to one man's supply of prudence and self-restraint. This was </span><i><span style="font-weight: 400;">not</span></i><span style="font-weight: 400;"> part of the original plan. "This system will not hurry us into war," James Wilson assured delegates at Pennsylvania's ratifying convention in 1787. "It will</span> <a href="http://press-pubs.uchicago.edu/founders/documents/v1ch7s17.html"><span style="font-weight: 400;">not be in the power of a single man</span></a><span style="font-weight: 400;">&hellip;to involve us in such distress."</span></p>
<p><span style="font-weight: 400;">After decades of drifting away from the original design, Congress tried to reclaim some ground in 1973. In the aftermath of Vietnam, over President Richard Nixon's veto, it passed the War Powers Resolution. The</span> <a href="https://www.law.cornell.edu/uscode/text/50/1541"><span style="font-weight: 400;">law's stated </span><span style="font-weight: 400;">purpose</span></a><span style="font-weight: 400;"> was to "fulfill the intent of the framers</span> <span style="font-weight: 400;">of the Constitution of the United States and insure</span> <span style="font-weight: 400;">that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities."</span></p>
<p><span style="font-weight: 400;">It was a noble effort, but it did not work. That has been evident almost from the start of the law's five-decade history, but the War Powers Resolution's failure has never been more obvious than it is right now. </span></p>
<p><span style="font-weight: 400;">One of the law's key provisions was designed to end unauthorized wars automatically, even if Congress could not bring itself to vote. Section 5(b) of the law orders the president to "terminate" military operations after 60 days absent congressional authorization or an attack on the United States that prevents Congress from convening. Over the decades, multiple presidents have treated that limit as a 60-day "</span><a href="https://www.newamerica.org/insights/tools-congress-manage-us-security-partnerships/part-iii-use-of-force/"><span style="font-weight: 400;">free pass</span></a><span style="font-weight: 400;">" for military adventures, but most tried to wrap things up before hitting the deadline. President Bill Clinton crossed the line during the 1999 Kosovo campaign. President Barack Obama blew past it during the 2011 Libya war, arguing that,</span> <a href="https://www.cato.org/blog/harold-koh-temptations-power"><span style="font-weight: 400;">technically</span></a><span style="font-weight: 400;">, it was not "hostilities" if U.S. forces were bombing foreigners who could not hit back. On May 1 of this year, Trump also </span><a href="https://theconversation.com/why-the-60-day-war-powers-resolution-deadline-doesnt-actually-constrain-presidents-281724"><span style="font-weight: 400;">shrugged off</span></a><span style="font-weight: 400;"> that deadline without consequence. </span></p>
<p><span style="font-weight: 400;">Another key provision assumed that a congressional majority should be enough to call a halt to unauthorized war making. Under</span> <a href="https://www.law.cornell.edu/uscode/text/50/1544"><span style="font-weight: 400;">Section 5(c)</span></a><b>,</b><span style="font-weight: 400;"> Congress could reassert its constitutional authority at any time: U.S. forces "shall be removed by the President if the Congress so directs by concurrent resolution."</span></p>
<p><span style="font-weight: 400;">Then, a decade after the War Powers Resolution passed, the Supreme Court </span><a href="https://responsiblestatecraft.org/2021/09/23/the-chadha-effect-how-scotus-put-a-chokehold-on-congressional-powers/"><span style="font-weight: 400;">struck down</span></a><span style="font-weight: 400;"> the "legislative veto," effectively neutering that check. A mere congressional majority is no longer enough; reversing presidential action now requires presenting a law to the president for his signature or veto. </span></p>
<p><span style="font-weight: 400;">The war powers measure that passed on Tuesday was a concurrent resolution under Section 5(c).</span> <span style="font-weight: 400;">But concurrent resolutions, as the Senate's own </span><a href="https://www.senate.gov/legislative/common/briefing/leg_laws_acts.htm#3"><span style="font-weight: 400;">website</span></a><span style="font-weight: 400;"> notes, "do not have the force of law." So Trump had a point when he called the vote</span> <a href="https://truthsocial.com/@realDonaldTrump/posts/116802765132974094"><span style="font-weight: 400;">"meaningless"</span></a><span style="font-weight: 400;"> in a Truth Social rant on Tuesday; it had roughly the same legal effect as Congress declaring "National Nurses' Week." </span></p>
<p><span style="font-weight: 400;">Even if Congress passed its rebuke in a</span> <a href="https://www.congress.gov/bill/119th-congress/senate-joint-resolution/185"><span style="font-weight: 400;">form that could stick</span></a><span style="font-weight: 400;">, Trump would veto it, just as he vetoed war powers measures</span> <a href="https://www.senate.gov/legislative/vetoes/TrumpDJ.htm"><span style="font-weight: 400;">on Iran and Yemen</span></a><span style="font-weight: 400;"> during his first term.</span></p>
<p><span style="font-weight: 400;">That's where we are now: with a legal regime for war making that turns the original design on its head. This system hurries us into war on one man's whim, then puts every constitutional barrier intended to prevent reckless action in the path of undoing the damage.  </span></p>
<p><span style="font-weight: 400;">And yet, this is a problem we know how to fix. Reformers have learned a lot from the War Powers Resolution's half-century of failure, and there's no shortage of</span> <a href="https://www.washingtonpost.com/national-security/senate-war-powers-bill/2021/07/19/7515af7c-e8e1-11eb-8950-d73b3e93ff7f_story.html"><span style="font-weight: 400;">serious legislative proposals</span></a><span style="font-weight: 400;"> for giving the statute teeth. In theory, at least, the goal of ending unauthorized wars automatically, without a vote, is achievable by</span> <a href="https://www.justsecurity.org/73160/good-governance-paper-no-14-war-powers-reform/"><span style="font-weight: 400;">tying funding to authorization</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">In practice, however, no reform is achievable without at least one hard vote at the outset. The Senate's inability to stick to its guns this week shows how far Congress still has to go.</span></p>
<p>The post <a href="https://reason.com/2026/06/26/the-senates-failure-to-rein-in-trump-on-iran-is-part-of-a-long-history-of-congress-abdicating-its-war-powers/">The Senate&#039;s Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Wikimedia Commons]]></media:credit>
		<media:description type="html"><![CDATA[Founding fathers against old fashioned text]]></media:description>
		<media:title><![CDATA[Founding Fathers-6-26]]></media:title>
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	</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/2026/06/26/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-65/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390555</id>
		<updated>2026-06-26T16:49:19Z</updated>
		<published>2026-06-26T19:30:12Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Cocaine &amp; waffles, voter rolls, and deeding the farm.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-65/">
			<![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><a href="https://ij.org/press-release/waxahachie-entrepreneur-sues-city-over-unconstitutional-construction-dumpster-monopoly/">New case</a>! The Texas Constitution says that "monopolies are contrary to the genius of a free government, and shall never be allowed." And yet! Waxahachie officials have imposed a monopoly on construction dumpster rentals, handing the market to a big national chain and outlawing honest competition from folks like IJ client American AF Dumpster Rentals. Not so genial if you ask us.</p>
<p>New on the <a href="https://youtu.be/h84M0Ca3tM4">Short Circuit podcast</a>: But what if the police <em>themselves</em> are the emergency?</p>
<ol>
<li>Allegation: Chinese-American IT worker for the State Department is harassed by a diplomatic security officer because of his ethnicity. It culminates in the officer coming to his home, where the officer forcefully grabbed him and then pantomimed pointing a gun at his son while calling the child a racial slur. He sues the gov't under the Federal Tort Claims Act. <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/06/24-5034-2179949.pdf">D.C. Circuit</a>: That all sounds pretty assault-ey to us; lawsuit undismissed.</li>
<li>In January 2025, the Trump Administration expanded expedited removal of illegal aliens to the maximum extent allowed by Congress. A due process violation? <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/06/25-5320-2179963.pdf">D.C. Circuit</a>: No. Concurrence: we don't even have jurisdiction. Dissent: Yes.<span id="more-8390555"></span></li>
<li>Mom discovers that Skaneateles, N.Y. school had been socially transitioning her child without telling her. She objects, but the school persists, so she sends kid to a private school. District court: Mom lacks standing to challenge the school's policy. <a href="https://ww3.ca2.uscourts.gov/decisions/SUM/25-952_so.pdf">Second Circuit</a> (unpublished): She can't seek prospective relief, but she certainly can seek damages, particularly in the wake of the <a href="https://www.supremecourt.gov/opinions/25pdf/25a810_b97d.pdf">Supreme Court's interim docket decision</a> on the same topic.</li>
<li>So, you know those "explanation of benefits" documents that your health-insurance company sends you that you don't read? What happens if they're defamatory—like, what if they tell you that your claim is being denied because your doctor doesn't have a license to practice medicine even though your doctor totally has a license to practice medicine? It turns out, the <a href="https://www2.ca3.uscourts.gov/opinarch/251723p.pdf">Third Circuit</a> says, the doctor's defamation claims are preempted by ERISA.</li>
<li>In response to several near-fatal overdoses, a Virginia prison institutes a new strip-search protocol—of inmates escorted to a nearly empty videoconference room, that they use one at a time, under video surveillance, that's searched in between uses. An inmate strip searched 26 times in a month sues. <a href="https://www.ca4.uscourts.gov/opinions/256634.P.pdf">Fourth Circuit</a>: Even in prison, this looks like a Fourth Amendment violation. It's nearly impossible to trade contraband in the room, and the policy was based on an unsubstantiated tip. But no need to make any law on that. Qualified immunity!</li>
<li>This (unpublished) <a href="https://www.ca5.uscourts.gov/opinions/unpub/25/25-60197.0.pdf">Fifth Circuit</a> case raises the age-old question: If you can't trust the twin brother to whom you fraudulently deeded your farm in an effort to evade creditors, then who can you trust?</li>
<li>In a refreshingly commonsense qualified-immunity opinion, the <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-50596-CV0.pdf">Fifth Circuit</a> holds that, even if someone is suspected of serious crimes and is squirming around, if he's already handcuffed and detained in a police car then it's clearly unconstitutional to discharge high-velocity pepper spray at his face point-blank thereby blinding him in one eye.</li>
<li>Ohio requires social-media companies to obtain parental consent for users under 16. District court preliminarily enjoins the law, concluding it likely violates the First Amendment. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0177p-06.pdf">Sixth Circuit</a>: Wrong. Opinion 1: Because the law satisfies strict scrutiny. Opinion 2: Because the plaintiff didn't compile the right record for a facial challenge. Dissent: The law is unconstitutional.</li>
<li>After Michigan refused to produce unredacted copies of its statewide qualified voter list to DOJ, the feds sue to compel production. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0180p-06.pdf">Sixth Circuit</a>: Nope. These are surely "records," but they're not records that "came into &hellip; possession" of Michigan, because Michigan made them. Dissent: The holding is "inconsistent with our responsibility to 'make sense rather than nonsense out of the <em>corpus juris</em>."</li>
<li>Tullahoma, Tenn. alderman who might charitably be described as colorful (e.g., she posed "in front of a Confederate flag with a sign that read, '[w]e go together like cocaine and waffles'") moves out of town. Two citizens pursue a quo warranto action asserting she's no longer eligible for office, and court says she did "just enough" to barely show she intended to reestablish residency. She sues those constituents (and others) claiming First Amendment retaliation. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0183p-06.pdf">Sixth Circuit</a>: "Surely those citizens have free-speech rights of their own, including the right to challenge on reasonable grounds whether an officeholder meets the requirements of office. &hellip; Who, it is fair to ask, is retaliating against whom in this situation?"</li>
<li>It takes a <em>lot</em> for a federal court to intervene to stop a state from prosecuting you in state court. So a tip of the hat is due to the Florida Attorney General, who managed to persuade a district court in Illinois that his enforcement action against the American Academy of Pediatrics was such a bad-faith effort to retaliate for the organization's advocacy about gender-affirming care as to warrant a preliminary injunction. <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D06-22/C:26-2238:J:Scudder:dis:T:op:N:3561314:S:0">Seventh Circuit</a> (2-1): And given the district court's factual findings and all the improvident things the attorney general said on X and various podcasts, we won't stay the PI pending appeal. (Also—and your correspondents are beating a badly putrefied horse at this point—can we all stop calling attorneys general "General" already? Or at least can we be consistent? And start doing the same for the postmaster general? And the comptroller general? And use the rank of "Public" for our local notaries?)</li>
<li>In response to FOIA request for files of three immigration detainees, ICE proceeds to spend several years slow-walking and screwing up and then providing inaccurate info to the district court in the ensuing FOIA lawsuit. District judge: I've had it with you clowns. Turn over everything. No redactions allowed. <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D06-22/C:26-1017:J:Easterbrook:aut:T:fnOp:N:3561078:S:0">Seventh Circuit</a>: Some of the stuff that was redacted would seem to implicate the privacy rights and interests, not of ICE, but of private citizens and other law-enforcement agencies. It's probably fine if the district court wants to say the agency waived privileges for its <em>own </em>confidential information, but it doesn't make a ton of sense to expose innocent third parties and other agencies to harm, simply because of ICE's foul-ups.</li>
<li>Man repeatedly violates no-contact order, resulting in issuance of a writ that triggers a mandatory duty to take him into custody. But Bellevue, Iowa police do not, and he murders his ex. <a href="https://ecf.ca8.uscourts.gov/opndir/26/06/251287P.pdf">Eighth Circuit</a>: "Courts cannot remedy every wrong."</li>
<li>In the 1980s, Alaska Airlines <a href="https://www.youtube.com/watch?v=EYspsgIjb4U">ran an ad</a> where a customer on a rival airline needed 50¢ to use the in-flight bathroom but lacked change. While tapping his feet he progressively offered more and more cash for 2 quarters. A similar over-escalation occurred more recently on Alaska Air's employee intranet message board. In response to the airline's support for federal anti-discrimination legislation, a flight attendant asked, "As a company do you think it's possible to regulate morality?" A co-worker posted a somewhat longer objection. The posts quickly lead to investigation and discharge, with lots of soon-to-be-discoverable texts between company higher-ups demeaning the women. <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/06/24/24-3789.pdf">Ninth Circuit</a>: Which makes for a question of fact in their Title VII lawsuit against Alaska Air and the union.</li>
<li>The Biden Administration proclaimed the expansion of two national monuments in Utah. The state and a number of state officials sue. Feds: Sovereign immunity! <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111456571.pdf">Tenth Circuit</a>: You're only acting in the sovereign's name if you aren't ultra vires. Too bad you are. Dissent: But not ultra vires <em>enough</em>.</li>
<li>Mountain View, Colo. firefighter is deeply chagrined to learn that a new recruit has, for religious reasons, requested not to have the American flag emblazoned on his kit. The firefighter, who is also the union prez, proceeds to (it is said) act like a big jerk about it, and for that he is fired. Did it violate due process not to have a post-termination hearing? <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111455218.pdf">Tenth Circuit</a> (unpublished): Who can say what process is due? Qualified immunity.</li>
<li>Pittsburgh dentist has a years-long affair with his dental hygienist, culminating in murdering his wife on safari in Zambia while staging it to look like suicide. (He can't watch the multitude of documentaries, given his forever-prison sentence, but you can.) As for his paramour, she was convicted of two counts of perjury, among other things, stemming from her testimony to the grand jury investigating the dentist, and is now serving a 17-year sentence. <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111456305.pdf">Tenth Circuit</a>: One of the perjury counts has to go: she couldn't and didn't speculate as to the dentist's motives for his generosity, which can't be perjury. Maybe he gave her money for fear of a costly divorce, damage to his reputation, adoration for her children, or another reason. But all the other convictions are solid. Partial dissent: I'd toss the other perjury conviction, too.</li>
<li>In which the <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202210292.pdf">Eleventh Circuit</a> almost entirely upholds a comprehensive permanent injunction mandating all kinds of changes within Alabama's corrections system, which has a "staggering" number of suicides.</li>
<li><a href="https://media.ca11.uscourts.gov/opinions/pub/files/202412662.pdf">Eleventh Circuit</a>: Daytona Beach, Fla.'s panhandling ordinance is unconstitutional, and we affirm the $80k damages award. But each plaintiff needed to establish standing as to each of the 18 provisions they challenged, and none of them have or say they intend to panhandle near ATMs, daycares, public schools, public bathrooms, playgrounds, etc. So those provisions aren't affected by the injunction.</li>
</ol>
<p>Victory! This week, a federal judge in D.C. <a href="https://ij.org/wp-content/uploads/2026/06/DC-Teletherapy-Decision.pdf">struck down</a> a law that barred therapists licensed in other jurisdictions from doing online teletherapy sessions with clients in D.C. During the pandemic, when demand surged, district officials told IJ client Elizabeth Brokamp, who is licensed in Virginia, she could not talk online with any new clients in D.C. But the First Amendment requires that the gov't have a good reason to stop people from talking to each other, and, per the district court, D.C. sure didn't: "After a substantial time for discovery, the District cannot identify any evidence of low-quality care or unethical conduct by unlicensed professional counselors in the District. In fact, the opposite." <a href="https://ij.org/press-release/virginia-counselor-wins-lawsuit-challenging-district-of-columbias-restrictions-on-teletherapy-sessions/">Click here</a> to learn more.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/26/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-65/">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>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				N.J. Court: Posting Videos Trying to Get Prosecutor Fired = Illegal "Cyber-Harassment"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/n-j-court-posting-videos-trying-to-get-prosecutor-fired-illegal-cyber-harassment/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390605</id>
		<updated>2026-06-26T19:18:23Z</updated>
		<published>2026-06-26T19:18:23Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Harassment" />		<summary type="html"><![CDATA[From J.V. v. C.H., decided June 18 by New Jersey appellate judges Lisa Rose and Patrick DeAlmeida; Carl and Jane&#8230;
The post N.J. Court: Posting Videos Trying to Get Prosecutor Fired = Illegal &#34;Cyber-Harassment&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/n-j-court-posting-videos-trying-to-get-prosecutor-fired-illegal-cyber-harassment/">
			<![CDATA[<p>From <em><a href="https://www.njcourts.gov/system/files/court-opinions/2026/a3781-23.pdf">J.V. v. C.H.</a></em>, decided June 18 by New Jersey appellate judges Lisa Rose and Patrick DeAlmeida; Carl and Jane are the court's pseudonyms for the parties, which I'll also use for convenience:</p>
<blockquote><p>Defendant C.H. (Carl) appeals from a &hellip; final protective order (FPO) issued against him and in favor of plaintiff J.V. (Jane) pursuant to the Victim's Assistance and Survivor Protection Act (VASPA)&hellip;.</p>
<p>The parties first encountered each other in February 2023, when Jane, an assistant prosecutor, was assigned to a criminal case charging F.E., Carl's former girlfriend, with third-degree burglary and third-degree theft charges allegedly committed against Carl&hellip;.</p></blockquote>
<p>Charges against F.E. for theft were later reduced and charges for violating a final restraining order were dropped, and Carl was upset:</p>
<blockquote><p>Carl contacted Jane and her supervisors "indicating he was highly offended by the meeting," "unhappy with how the meeting went," and dissatisfied with the manner in which the prosecution was handled&hellip;. Jane explained Carl sent emails "multiple times a day" and their tone "became more angry and more accusatory in nature." In particular, Jane testified she received "seventy-six emails in seventy-eight days, some of which were sent on multiple occasions on the same day."</p>
<p>In his emails, Carl said "he had no faith in [Jane's] prosecution of the case," claimed she was lying to him, and stated, "you think you're getting over, but soon you will see," which Jane perceived as a threat against her. Carl also called "[t]wo to three times a day" and thrice appeared at her office without an appointment&hellip;.</p></blockquote>
<p>Carl then posted videos on his YouTube channel, "Rescuing Our Communities," that</p>
<blockquote><p>made general claims of racism against "these prosecutorial and law enforcement systems" and specific disparaging remarks against Jane. For example, in the first video, Carl referred to Jane as a "fat racist prosecutor chick rival to [him] for over a year"; "dumb-ass chick" who was "fucking pathetic"; and "the worst excuse for a prosecutor I'm going after (inaudible)."</p></blockquote>
<p>In the videos, Carl said, among other things,</p>
<blockquote><p>Do this to an innocent man (inaudible) and any group of people that would help him, you don't deserve any type of political position. You should pray that I don't get to check on you because anybody who was involved in this, you have made an enemy out of me. You should have left me alone. You should not have violated my rights. You should not have gone after my daughter. If you are involved in this, you can look in my eyes and you will know what I am saying to be true. You and I will have a day&hellip;.</p>
<p>This prosecutor lied. This by definition is prosecutorial misconduct. If I can prove that I sent her these text messages that a defense attorney cross-examined me to incompleteness and she purposely withheld them, she has a problem. They're mad at me. I don't give a fuck, people. I'm going to get this lady's job. She should not have done this&hellip;.</p>
<p>So, &hellip; over the last couple of days I have cited misconduct by the prosecutor who is allegedly charging [F.E.] in the events that she committed against me. For anyone who has watched that video and watched the evidence I put up, you see definitively that that prosecutor lied.</p>
<p>I have audio of her admitting to it. I have emails. People this lady is done&hellip;..</p>
<p>This woman has lied through her teeth and now she's afraid because I have proof that could cost her her job. But people I'm not going to stop. I'm going to file more litigation. I'm going to file the grievances.</p>
<p>The appellate court added that Carl had indeed "filed grievances with state and federal authorities" and had unsuccessfully "asked [Jane's] office to replace her with another prosecutor" fourteen times.</p></blockquote>
<p>The trial court issued a protective order under VASPA, which allows protective order requests to be filed by (among others) people who allege they were victims of "cyber-harassment," defined to include</p>
<blockquote><p>conduct that occurs, while making one or more communications in an online capacity &hellip; with the purpose to harass another &hellip; threatening to inflict injury or physical harm to any person or the property of any person &hellip;.</p></blockquote>
<p>The order, among other things, required defendant to "delete all posts on his YouTube site that refer to Plaintiff" and barred him from "posting, false, derogatory, harassing statements in any form or in any online forum or platform that refer to Plaintiff &hellip; by name." (Note that there was no finding by the court that defendant's allegations about Plaintiff were indeed false or libelous.) And the appellate court upheld the order:</p>
<blockquote><p>[The trial] court first addressed Carl's claim that his statements in the YouTube videos were protected speech under the First Amendment&hellip;. Notably, the court &hellip; found "[Carl]'s videos [we]re designed to attack [Jane's] property right &hellip; her job."</p>
<p>The court thus found &hellip; Carl's videos "serve[d] no legitimate purpose," but rather "sought to impugn [Jane]'s character, integrity[,] and professionalism not simply out of spite, but specifically to bring about the end of her employment." The court thus concluded, "Because [Carl]'s videotapes regarding [Jane] served no legitimate purpose, were made and disseminated with the purpose to harass [Jane] and designed to threaten her job, [Carl could] not avail himself of the cloak that is First Amendment protection." &hellip;</p>
<p>[T]he court noted for more than one hundred years, our courts have repeatedly recognized "a calling, business or profession chosen and followed[,] is property." Pursuant to its detailed analysis, the court therefore concluded Jane proved the predicate act of cyber-harassment under VASPA&hellip;.</p>
<p>[T]he [trial] court cited Jane's testimony and found, after viewing the first video, "[Jane] felt harassed and had safety concerns." Further, in its credibility findings, the court noted "[Jane] conveyed a sense of anxiety." The record supports Jane's ongoing fear of Carl at the time of her testimony&hellip;.</p>
<p>The crux of Carl's argument &hellip; is the court erroneously determined Jane possessed a property right in her employment because she was a public "at-will" employee&hellip;. [W]e have recently reiterated [that] "[a] calling, business or profession, chosen and followed, is property." &hellip;</p></blockquote>
<p>And though Carl argued that "the trial court's decision violates [his] First Amendment rights by restricting lawful speech on a matter of public concern," the court concluded this "contention[] lack[s] sufficient merit to warrant further discussion in a written opinion."</p>
<p>That seems incorrect to me, for reasons I laid out in <a href="http://www.law.ucla.edu/volokh/overinj.pdf"><em>Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases</em>)</a>. But in any event, the decision struck me as worth passing along. For information on Carl's unsuccessful lawsuits against Jane and others, see <a href="https://storage.courtlistener.com/recap/gov.uscourts.njd.591154/gov.uscourts.njd.591154.22.0.pdf">this decision</a> (which defendant has appealed to the Third Circuit).</p>
<p>The post <a href="https://reason.com/volokh/2026/06/26/n-j-court-posting-videos-trying-to-get-prosecutor-fired-illegal-cyber-harassment/">N.J. Court: Posting Videos Trying to Get Prosecutor Fired = Illegal &quot;Cyber-Harassment&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				Mamdani Got His Rent Freeze Wish. Don't Expect New York City Housing To Become More Affordable.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/mamdani-got-his-rent-freeze-wish-dont-expect-new-york-city-housing-to-become-more-affordable/" />
		<id>https://reason.com/?p=8390569</id>
		<updated>2026-06-26T19:05:34Z</updated>
		<published>2026-06-26T19:05:34Z</published>
			<category scheme="https://reason.com/latest/" term="Affordable Housing" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Price controls" /><category scheme="https://reason.com/latest/" term="Rent control" /><category scheme="https://reason.com/latest/" term="Local Government" /><category scheme="https://reason.com/latest/" term="New York" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[The NYC Rent Guidelines Board voted to freeze rent for approximately 1 million apartments on Thursday night. ]]></summary>
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		<p><span style="font-weight: 400;">Two days after three of New York City Mayor Zohran Mamdani's endorsed congressional candidates </span><a href="https://reason.com/2026/06/24/socialists-hijacked-my-city/"><span style="font-weight: 400;">won their elections in the New York primaries</span></a><span style="font-weight: 400;">, the NYC Rent Guidelines Board (RGB) delivered another win for the mayor. </span></p>
<p><span style="font-weight: 400;">On Thursday night, the board </span><a href="https://www.youtube.com/watch?v=cERCTVuTr50"><span style="font-weight: 400;">voted</span></a> <span style="font-weight: 400;">7–1 to freeze the rent for 1 million apartments in the city. The rent freeze applies to both one- and two-year leases, and prevents rent increases for more than 40 percent of apartments in the city, reports </span><a href="https://www.nytimes.com/2026/06/25/nyregion/nyc-rent-freeze-vote-mamdani.html"><i><span style="font-weight: 400;">The New York Times</span></i></a><i><span style="font-weight: 400;">.</span></i><span style="font-weight: 400;"> Those apartments that are covered by the freeze include "high-rise luxury apartments, deeply affordable subsidized units and 150-year-old walk-ups," </span><a href="https://www.nytimes.com/2026/06/25/nyregion/nyc-rent-freeze-vote-mamdani.html"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the </span><i><span style="font-weight: 400;">Times</span></i><span style="font-weight: 400;">. </span><i><span style="font-weight: 400;"> </span></i></p>
<p><span style="font-weight: 400;">Freezing the rent was one of Mamdani's key </span><a href="https://www.nytimes.com/2026/04/10/nyregion/mamdani-campaign-promises.html"><span style="font-weight: 400;">campaign promises</span></a><span style="font-weight: 400;"> (remember </span><a href="https://x.com/ZohranKMamdani/status/1874638574328697003?s=20"><span style="font-weight: 400;">this</span></a><span style="font-weight: 400;">?), and one that depended on support from the RGB, which is now largely filled with </span><a href="https://www.nyc.gov/mayors-office/news/2026/02/mayor-mamdani-announces-six-appointees-to-the-rent-guidelines-bo"><span style="font-weight: 400;">Mamdani's appointees</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">New York University Stern School of Business professor Arpit Gupta </span><a href="https://x.com/arpitrage/status/2070506122075672710?s=20"><span style="font-weight: 400;">was</span></a><span style="font-weight: 400;"> the lone dissenting vote. On Thursday, he outlined his opposition to the rental freeze in </span><a href="https://cityjournal.substack.com/p/the-high-cost-of-new-yorks-rent-freeze"><i><span style="font-weight: 400;">City Journal</span></i></a><span style="font-weight: 400;">, warning that "freezing the price of a service indefinitely while its costs continue to rise does not produce cheap or abundant service. Instead, it produces deteriorating assets and, eventually, public bailouts and takeovers." </span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;">Although Mamdani claims rental freezes ensure affordability, Gupta argued these measures benefit New Yorkers based on luck, not need. </span></p>
<p><span style="font-weight: 400;">"The protection offered by a stabilized lease is effectively a transferable property right, one that can be held for life and, in practice, is often passed down to other family members," he wrote. </span><span style="font-weight: 400;">"A rent freeze increases the value of that right, turning the benefit into something closer to a lottery prize than targeted welfare assistance."</span></p>
<p><span style="font-weight: 400;">Mamdani's rent freeze is the first to apply to </span><a href="https://gothamist.com/news/nyc-rent-guidelines-board-approves-2-year-rent-freeze-fulfilling-mamdani-campaign-pledge"><span style="font-weight: 400;">two-year leases</span></a><span style="font-weight: 400;">, but the city has frozen rent for one-year leases before under Mayor Bill de Blasio in 2015, 2016, and in 2020. During this time, however, Reason Foundation—the nonprofit that publishes this magazine—</span><a href="https://reason.org/commentary/the-decade-of-regulation-how-new-york-citys-housing-policies-fueled-rental-inflation/"><span style="font-weight: 400;">noted</span></a><span style="font-weight: 400;"> that the freeze "widened the gap between operating expenses (such as taxes, insurance, and fuel) and allowable rents," especially for small property owners of older buildings. </span></p>
<p><span style="font-weight: 400;">"​​From an economic theory perspective, these freezes functioned as binding price ceilings, protecting existing tenants in the short run but discouraging investment in rental properties and reducing landlords' incentives to keep stabilized units in active use," </span><a href="https://reason.org/commentary/the-decade-of-regulation-how-new-york-citys-housing-policies-fueled-rental-inflation/"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> Reason</span> <span style="font-weight: 400;">policy analyst Jen Sidorova last year. "That left fewer homes available, so more people had to compete for the unregulated, 'market-rate' apartments, the ones not covered by rent limits, driving those rents even higher."</span></p>
<p><span style="font-weight: 400;">Mamdani's freeze is expected to face a legal challenge, </span><a href="https://apnews.com/article/zohran-mamdani-nyc-rent-freeze-28e6f1bdd100af1e176ede569aab20fb"><span style="font-weight: 400;">reports</span></a><span style="font-weight: 400;"> the Associated Press, especially after the board member representing landlords, Christina Smyth, resigned the day of the vote. In her resignation letter, she </span><a href="https://x.com/JosieStratman/status/2070133829549937128?s=20"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> that the board, which is supposed to act independently, had "stopped being a fact-finding body" and that "this year's RGB order was decided last year on the campaign trail." </span></p>
<p><span style="font-weight: 400;">New York's rent freezes have faced legal opposition before. In 2016, the Rent Stabilization Association, which represented landlords, </span><a href="https://www.riverdalepress.com/stories/landlord-group-sues-to-overturn-rent-freeze,60306"><span style="font-weight: 400;">sued</span></a><span style="font-weight: 400;"> over de Blasio's rent freeze, claiming the board was politically motivated. A Manhattan judge </span><a href="https://www.cbsnews.com/newyork/news/judge-tosses-rent-freeze-lawsuit/"><span style="font-weight: 400;">dismissed</span></a><span style="font-weight: 400;"> the lawsuit a year later.  A lawsuit challenging Mamdani's freeze could come from a group like the New York Apartment Association, which represents rent-stabilized landlords, reported </span><a href="https://therealdeal.com/new-york/2026/05/14/could-a-legal-challenge-stop-mamdanis-rent-freeze/"><i><span style="font-weight: 400;">The Real Deal</span></i><span style="font-weight: 400;">.</span></a><span style="font-weight: 400;"> In May, the association's executive vice president, Jay Martin, told the outlet that the group is "exploring all legal options." </span></p>
<p><span style="font-weight: 400;">Without a successful legal challenge, the freeze would </span><a href="https://thehill.com/homenews/state-watch/5941750-mayor-mamdani-wins-rent-freeze/"><span style="font-weight: 400;">take effect</span></a><span style="font-weight: 400;"> on October 1 of this year and continue until September 30, 2027. For those lucky to live in rent-stabilized apartments, the freeze may seem like a temporary win. But in a city that </span><a href="https://reason.com/2025/10/20/zohran-mamdanis-socialist-housing-plan-could-crash-new-yorks-rickety-rental-market/"><span style="font-weight: 400;">ultimately needs to increase the supply of housing</span></a><span style="font-weight: 400;"> to meet demand, the freeze will fail to make New York housing more affordable in the long run. </span></p>
<p>The post <a href="https://reason.com/2026/06/26/mamdani-got-his-rent-freeze-wish-dont-expect-new-york-city-housing-to-become-more-affordable/">Mamdani Got His Rent Freeze Wish. Don&#039;t Expect New York City Housing To Become More Affordable.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Ron Adar/ZUMAPRESS/Newscom/Adani Samat]]></media:credit>
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		<media:title><![CDATA[Zohran-Freezetherent-6-26]]></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[
				Don't Let Sanctions Strangle Cuba's Transition To Markets			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/dont-let-sanctions-strangle-cubas-transition-to-markets/" />
		<id>https://reason.com/?p=8390543</id>
		<updated>2026-06-26T18:19:28Z</updated>
		<published>2026-06-26T18:13:40Z</published>
			<category scheme="https://reason.com/latest/" term="Capitalism" /><category scheme="https://reason.com/latest/" term="Communism" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Cuba" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Fidel Castro" /><category scheme="https://reason.com/latest/" term="Sanctions" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Soviet Union" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Venezuela" />		<summary type="html"><![CDATA[If the promised Cuban economic reforms are for real, the U.S. should step out of the way.]]></summary>
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		<p>Here's a sentence no one expected to read: The government of Cuba is embracing the importance of markets and the business sector. Earlier this month, the state-run newspaper <em>Granma</em> <a href="https://www.granma.cu/cuba/2026-06-18/comenzo-la-tercera-sesion-extraordinaria-de-la-asamblea-nacional-del-poder-popular">announced</a> 176 economic reforms that would legalize private banking, private business ownership, private real estate ownership, and the privatization of state-owned companies. It is an admission that Fidel Castro's communist experiments of the 1960s have failed.</p>
<p>"Cuba must not repeat the mistakes of the past, and must not depend, in economic matters, on any single product or any single country. Our country must seek an economic development path where we must inevitably diversify our economy, diversify the way we do business, and the way we project investments," Castro's great-nephew Raul Guillermo Rodriguez Castro <a href="https://www.thenationalnews.com/news/us/2026/06/19/we-are-not-a-threat-raul-castros-grandson-raulito-makes-cubas-case-to-us-and-world/">told</a> <em>The National</em>, a newspaper close to the government of the United Arab Emirates.</p>
<p>And the Trump administration has almost immediately moved to sabotage the reforms, imposing new sanctions on Cuba that will "throw more cold water on the foreign investors that are already there," a University of Miami professor <a href="https://apnews.com/article/us-sanctions-cuba-gaesa-rubio-831adf749af121c0d2627b0501980ee8">told</a> the Associated Press. The U.S. State Department <a href="https://apnews.com/article/us-sanctions-cuba-gaesa-rubio-831adf749af121c0d2627b0501980ee8">condemned</a> Cuba's reforms as "superficial smoke signals from the Cuban regime." That statement is a self-fulfilling prophecy: Scaring away foreign investors is a great way to make sure that reforms can't take root.</p>
<p>Whether communist or capitalist, Cuba has always needed foreign trading partners to survive as a small island without many resources. When Castro's revolution came into conflict with the United States shortly after taking power in 1959, the Soviet Union stepped in to replace American trade. Castro quickly nationalized businesses, imposed Soviet-style one-party rule, and reorganized the economy around <a href="https://www.scielo.org.mx/scielo.php?script=sci_arttext&amp;pid=S2663-371X2021000200215">heavily subsidized trade</a> with the rest of the Soviet bloc.</p>
<p>When the Soviet Union fell, Cuba went through a "<a href="https://cubanstudies.history.ufl.edu/special-period-in-a-time-of-peace-post-soviet-proto-capitalist-cuba-1989-2000/">special period</a>" of extreme economic crisis. While other communist states, such as China and Vietnam, adopted market-based economies, Cubans were reduced to <a href="https://cubanstudies.history.ufl.edu/special-period-in-a-time-of-peace/cuban-horse-drawn-taxi/">riding horses</a> when the buses ran out of fuel. But the U.S. government also intentionally got in the way of any kind of Cuban economic opening. Expecting the Castro government to fall soon, Congress passed a series of ever-tightening economic sanctions in hopes of accelerating that collapse, including sanctions aimed directly at deterring private foreign investment in Cuba.</p>
<p>Instead, the Cuban state muddled along, and Cubans wallowed in misery for decades. Beginning in the early 2000s, the new socialist government of oil-rich Venezuela <a href="https://www.npr.org/2026/01/11/nx-s1-5671064/can-cubas-economy-recover-from-u-s-intervention-in-venezuelas-oil-industry">partially replaced</a> Soviet subsidies, until Venezuela's own economy collapsed. Cuba began opening up the tourism sector to <a href="https://www.reuters.com/article/markets/cuba-allows-tourism-industry-to-hire-private-contractors-idUSL1N0HZ0WH/">private business</a>, and U.S. President Barack Obama <a href="https://www.thedailybeast.com/the-popes-diplomatic-miracle-ending-the-us-cuba-cold-war/">began normalizing relations</a>, opening up a flood of American visitors and the businesses that service them. But the first Trump administration quickly reversed this opening with new sanctions. The coronavirus pandemic was another severe economic shock, and Cuba began to see <a href="https://www.wola.org/2022/07/july-11-cuba-1-year-later/">regular anti-government protests</a> for the first time in decades.</p>
<p>The new Cuban reforms are more sweeping than anything that had been proposed during the Obama thaw. And they need access to international markets to succeed. President Donald Trump had a chance to be the U.S. president who reopened Cuba. But by acting too ham-handedly in pursuit of control or vengeance, the U.S. government risks turning an orderly transition into chaos.</p>
<p>The first Trump administration made such a mistake during Sudan's 2019 pro-democracy revolution. The new transitional government needed U.S. economic sanctions lifted <a href="https://www.everycrsreport.com/reports/IN11531.html">in order to access</a> the international financial system. But the U.S. government demanded a heavy price: <a href="https://www.bbc.com/news/world-africa-54609375">$335 million</a> in compensation for the old Sudanese government's relationship with Al Qaeda. A year after paying this price, Sudan was paralyzed by a military coup d'etat and is now suffering Africa's <a href="https://www.aljazeera.com/amp/news/2025/12/16/yale-report-unveils-rsf-attempt-to-cover-up-sudan-atrocities-mass-burials">most brutal civil war</a>. Although U.S. sanctions were not the decisive factor, they imposed a high cost on an already fragile society.</p>
<p>Like the terrorism case in Sudan, the U.S. has its own claims for compensation against Cuba. In retaliation for the <a href="https://reason.com/2026/05/20/justice-department-indicts-cubas-raul-castro-for-1996-shootdown-that-killed-4-americans/">Brothers to the Rescue shootdown</a>, Congress passed the Helms-Burton Act of 1996, which gives American citizens the right to sue over property that was taken from them during the Cuban revolution. While U.S. courts obviously couldn't enforce their judgments against the Cuban military, they could punish foreign companies that used American property, making Helms-Burton a de facto sanction against private investment.</p>
<p>The Clinton administration <a href="https://www.irishtimes.com/news/clinton-decides-to-continue-stay-on-helms-burton-act-1.18904">suspended enforcement</a> of Helms-Burton largely due to pushback from European businesses that wanted to invest in Cuba, but the first Trump administration unfroze the law, opening the door to a <a href="https://www.scotusblog.com/2026/05/court-rules-against-cruise-lines-in-cuban-confiscation-case/">$400 million lawsuit</a> against cruise ship companies that had taken Americans to Cuba during the Obama thaw. A law designed to end communism could, ironically, doom any privatization effort to endless litigation.</p>
<p>While the second Trump administration has shown a lot of flexibility for forgiving past sins, it also seems to have abandoned faith in free markets in favor of direct U.S. dominance of other countries' economies. After overthrowing Nicolás Maduro in Venezuela, the administration kept the socialist regime in place but <a href="https://www.lawfaremedia.org/article/unpacking-the-trump-administration-s-plans-for-venezuela-s-oil-revenue">took control</a> of the Venezuelan oil industry, placing the revenue in a <a href="https://www.cfr.org/articles/the-u-s-took-over-venezuelas-oil-industry-where-has-all-the-money-gone">mysterious Qatari escrow account</a>. The U.S. government gave two companies with a <a href="https://www.washingtonpost.com/business/2026/01/29/trump-venezuela-oil-vitol-trafigura-bribes/">history of corruption</a> contracts to sell the oil. It would be ironic if, after <a href="https://apnews.com/article/us-sanctions-cuba-gaesa-rubio-831adf749af121c0d2627b0501980ee8">condemning</a> the Cuban military's control over the economy, the Trump administration ended up choosing it as a favored crony to represent U.S. interests.</p>
<p>And then there is the risk that Trump will simply invade Cuba. The appeal is obvious: A military attack would allow the U.S. to both exact vengeance and ensure control. Trump <a href="https://www.axios.com/2026/06/19/trump-cuba-iran-war-operation-venezuela">told</a> <em>Axios</em> last week that he had something similar to the attack on Venezuela in mind. Of course, that's also what he <a href="https://reason.com/2026/05/20/there-was-no-delcy-rodriguez-in-iran/">had in mind</a> for Iran before the operation turned into an embarrassing slog.</p>
<p>Perhaps the best option is for the U.S. government to get out of the way. There is no need to condition a relationship on Cuba's humiliation or submission, to try partnering with a particular Communist Party faction, or to escalate into a violent conflict—and a lot of downside risk from doing so. Instead, the Trump administration can issue the sanctions waivers necessary for private investors to take full advantage of the market reforms as they are implemented.</p>
<p>If the reforms are real, as the Cuban government claims, then private involvement in the economy will be hard to roll back without undermining the benefits. If the reforms are fake, as the Trump administration claims, then private investment won't get off the ground to begin with. The market will ultimately know better than government bureaucrats on either side.</p>
<p>The post <a href="https://reason.com/2026/06/26/dont-let-sanctions-strangle-cubas-transition-to-markets/">Don&#039;t Let Sanctions Strangle Cuba&#039;s Transition To Markets</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Nguyen Thanh/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of U.S. and Cuban flags over oil infrastructure]]></media:description>
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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[
				Good Riddance to 'Alligator Alcatraz,' a Cruel, Expensive, and Pointless Authoritarian Stunt			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/good-riddance-to-alligator-alcatraz-a-cruel-expensive-and-pointless-authoritarian-stunt/" />
		<id>https://reason.com/?p=8390548</id>
		<updated>2026-06-26T17:52:14Z</updated>
		<published>2026-06-26T17:52:14Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="Ron DeSantis" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Less than a year after launching with its own merchandise line, "Alligator Alcatraz" is officially shutting down.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/good-riddance-to-alligator-alcatraz-a-cruel-expensive-and-pointless-authoritarian-stunt/">
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		<p>Republican Florida Gov. Ron DeSantis announced at a press conference Thursday that the state's "Alligator Alcatraz" detention camp is shutting down after less than a year in operation.</p>
<p>It's a quiet end for a detention camp that the state of Florida opened last July with a splashy media rollout, including Alligator Alcatraz merchandise and tours by President Donald Trump and conservative social media influencers. But the hype faded as the camp, located on a remote airstrip in the middle of the Big Cypress National Preserve, racked up huge operating costs and numerous lawsuits—a sort of Fyre Festival of incipient authoritarianism.</p>
<p>Nevertheless, DeSantis <a href="https://www.miamiherald.com/news/politics-government/state-politics/article316253185.html">said</a> at Thursday's press conference that the experiment "fulfilled the role it was designed to serve," saying it held more than 20,000 detainees who were eventually deported.</p>
<p>"There's no question this mission has made the state of Florida safer," DeSantis said.</p>
<p>Even if one doesn't question DeSantis' premise, Florida taxpayers should question whether the end goal really required spending hundreds of millions of dollars to build and operate a detention camp in the middle of a protected wetlands habitat, not to mention defend it in court from lawsuits—and then close it all down less than a year later.</p>
<p>And if the detention camp was such a success, Florida taxpayers might question why the DeSantis administration has done its best to hide the costs and day-to-day operations from the public. Contract details were <a href="https://reason.com/2025/07/22/alligator-alcatraz-contracts-disappeared-from-a-florida-state-database/">scrubbed</a> from state databases. Detainees disappeared from ICE's online locator, leaving families and attorneys with no way to locate them. State and federal lawmakers were <a href="https://soto.house.gov/media/in-the-news/florida-lawmakers-who-were-denied-access-alligator-alcatraz-file-lawsuit">denied access</a> to the camp. Attorneys had to <a href="https://reason.com/2025/07/17/alligator-alcatraz-detainees-say-in-new-lawsuit-theyre-being-denied-access-to-their-attorneys/">sue</a> for the right to secure phone and in-person visits with clients. While state and federal officials <a href="https://www.factcheck.org/2025/07/a-dedicated-fema-fund-will-pay-for-alligator-alcatraz/">publicly estimated</a> that the facility would cost $450 million a year to operate, Florida <a href="https://floridatrib.org/2026/03/01/new-records-show-florida-officials-burned-more-than-1-2-million-per-day-on-alligator-alcatraz/">secretly requested a $1.49 billion grant</a> from the Trump administration. Internal figures showed that the camp had an average "burn rate" of $1.2 million a day to hold 500 detainees. These figures were only revealed after environmental groups obtained a court order forcing the state to release financial estimates and other communications.</p>
<p>DeSantis' premise does deserve questioning, though. To seize the property for the camp from Miami-Dade County, DeSantis relied on a 2023 state-of-emergency declaration claiming that "the migration of unauthorized aliens to the State of Florida is likely to constitute a major disaster." The declaration was in response to waves of Cuban and Haitian migrants landing in the Florida Keys, but even after the landings mostly stopped, DeSantis continued to annually renew the state of emergency. That also allowed him to tap into a no-strings-attached disaster fund to hastily build the detention camp.</p>
<p>The Republican-controlled Florida Legislature had enough questions that, although it <a href="https://floridapolitics.com/archives/785186-legislature-renews-disaster-emergency-fund-but-attaches-legislative-oversight-to-clawback-misspent-money/">renewed the disaster emergency fund</a> this year, it included a way for lawmakers to claw back misspent funds.</p>
<p>(One might also question whether, since the camp has been such a success, DeSantis will finally end Florida's six-year-long state of emergency. The Florida Governor's Office did not immediately respond to a request for comment.)</p>
<p>And although federal and state officials claimed that the camp was holding violent gang members and hardened criminals, internal documents obtained by the <em>Miami Herald</em> and <em>Tampa Bay Times</em> last year showed that <a href="https://reason.com/2025/07/14/hundreds-of-alligator-alcatraz-detainees-dont-have-criminal-records/">hundreds of them didn't have any underlying criminal records</a>.</p>
<p>But whether the detention camp improved public safety or was cost-efficient is irrelevant to whether it comported with the Constitution, and civil liberties and immigrant aid groups say it was a human rights disaster. The camp was plagued with allegations of medical neglect, brutality, and lack of due process. Detainees were kept in metal cages underneath tents. <a href="https://reason.com/2025/07/16/lawyers-and-families-report-squalid-conditions-and-lack-of-legal-access-at-alligator-alcatraz/">Numerous first-hand reports</a> described inadequate access to water, food, and showers, as well as overflowing toilets, miserable heat, and flooding during rainstorms.</p>
<p>One former Alligator Alcatraz detainee, Luis Miguel Rubiano, told <em>Reason</em> that although he was also held at an ICE field office, a county jail, and another DHS detention center, "Alligator Alcatraz was the worst place for [medical] treatment."</p>
<p>"They didn't have the tools," Rubiano said. "They always told us to wait for the next day or something like that. They were supposed to take my blood pressure, but the machine was without batteries for like two days straight."</p>
<p>This April, attorneys for Alligator Alcatraz detainees <a href="https://reason.com/2026/04/22/reports-of-abuse-pour-out-of-federal-immigration-detention-centers/">claimed in court filings</a> that guards cut off phone access to detainees and then beat and pepper-sprayed detainees who complained. One attorney filed a declaration that included pictures of her client with a large, dark bruise surrounding one of his eyes.</p>
<p>Sens. Jon Ossoff (D–Ga.) and Dick Durbin (D–Ill.) <a href="https://www.ossoff.senate.gov/wp-content/uploads/2026/03/26.03.25_OSSOFF-DURBIN_Use-of-the-Box-at-Everglades-Detention-Facility.pdf">sent a letter</a> on March 25 to Department of Homeland Security Secretary Markwayne Mullin demanding information about multiple <a href="https://www.notus.org/immigration/alligator-alcatraz-cage-detention">reports</a> of detainees at the detention camp being put in a small, stifling hot box as punishment.</p>
<p>"There have been credible allegations that detainees at 'Alligator Alcatraz' have been punished with confinement in a small cage-like structure known as 'the box,' where they are held in stress positions with hands and feet tightly shackled for hours at a time, in direct sunlight with no access to food or water," the senators wrote.</p>
<p>The Department of Homeland Security (DHS) apparently decided it's had enough. Since former DHS Secretary Kristi Noem was replaced by Mullin this spring, the department has been paring back its most ostentatious spending projects, and <a href="https://reason.com/2026/05/07/dhs-reportedly-weighs-closing-floridas-alligator-alcatraz-over-mounting-costs/'">anonymously sourced reports began appearing</a> last month indicating that Alligator Alcatraz could be on the chopping block.</p>
<p>Then suddenly last week, Immigration and Customs Enforcement (ICE) announced that it was transferring all detainees out of the detention camp in preparation for Florida's hurricane season, which runs from June through November.</p>
<p>Civil rights advocates and immigrant aid organizations did not believe the explanation, since the camp had opened last July during hurricane season and remained open throughout. Meanwhile, the head of Florida's Division of Emergency Management, which operates the detention camp, said he didn't know that ICE was removing the detainees until he read about it in the media.</p>
<p>DeSantis put Florida on the hook for hundreds of millions of dollars for a cruel, expensive, and ultimately needless P.R. stunt. When DeSantis insists that Alligator Alcatraz was always meant to be a temporary facility, what he means is he hopes you'll forget about it before too long.</p>
<p>There's little likelihood of that. Civil rights groups and environmental advocates released a salvo of press releases Thursday vowing to continue litigating several ongoing lawsuits regarding the camp.</p>
<p>"This outrageously expensive internment camp inflicted documented harm on the Everglades, and Gov. DeSantis and Attorney General Uthmeier are trying to sweep it under the rug," Eve Samples, executive director of Friends of the Everglades, said in a press release. "We won't allow it. The public deserves a full, transparent assessment of the extent of the damage at 'Alligator Alcatraz.'"</p>
<p>The post <a href="https://reason.com/2026/06/26/good-riddance-to-alligator-alcatraz-a-cruel-expensive-and-pointless-authoritarian-stunt/">Good Riddance to &#039;Alligator Alcatraz,&#039; a Cruel, Expensive, and Pointless Authoritarian Stunt</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Adani Samat. Photo: The White House/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Alligator Alcatraz]]></media:description>
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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[
				Michigan Spent $1.8 Billion and Only Created 602 Jobs			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/michigan-spent-1-8-billion-and-only-created-602-jobs/" />
		<id>https://reason.com/?p=8390383</id>
		<updated>2026-06-26T16:51:25Z</updated>
		<published>2026-06-26T16:55:41Z</published>
			<category scheme="https://reason.com/latest/" term="Economic Development" /><category scheme="https://reason.com/latest/" term="Electric cars" /><category scheme="https://reason.com/latest/" term="Gov. Gretchen Whitmer" /><category scheme="https://reason.com/latest/" term="Industrial Policy" /><category scheme="https://reason.com/latest/" term="Michigan" /><category scheme="https://reason.com/latest/" term="Subsidies" />		<summary type="html"><![CDATA[Gov. Gretchen Whitmer promised "generational" investments in her state, but as she leaves office, there's little to show for it.]]></summary>
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		<p>One of the great economic myths that never seems to die is the idea that giving taxpayer money to a private company will yield a windfall, incentivizing the company to create jobs and generate wealth that otherwise would not exist.</p>
<p>And yet time and time again, the benefits fall far short of what was promised, if they materialize at all. A new report suggests the state of Michigan is the latest to learn that lesson the hard way.</p>
<p>"Michigan Gov. Gretchen Whitmer offered billions of taxpayer dollars to select companies in an effort to create jobs during her eight-year term," <a href="https://www.mackinac.org/S2026-08">writes</a> James M. Hohman, director of fiscal policy at the Mackinac Center for Public Policy. "Overall, she has authorized $6.9 billion for business subsidies since gaining office in 2019."</p>
<p>In a new <a href="https://www.mackinac.org/archives/2026/s2026-08.pdf">report</a>, Hohman examined eight major projects—"those that offered $100 million in payments and received significant media attention"—totaling $2.7 billion in promised incentives. Hohman then assessed how the investments paid off.</p>
<p>Governments have a terrible <a href="https://reason.com/2023/05/09/states-spend-billions-on-economic-development-deals-with-little-return/">track record</a> of picking winners and losers, and it turns out that Michigan, under Whitmer, did not break the trend.</p>
<p>"None of these deals have delivered what was originally announced," Hohman writes. "All told, the governor said that her major subsidy projects would create 20,595 jobs in Michigan. So far, these deals have created 602 jobs, just 3% of expectations. Of the $2.7 billion offered, $1.8 billion has been spent—transferred either to companies or to local economic development agencies."</p>
<p>In four of the eight projects, the state gave money to one of the Big Three U.S. automakers—Ford, General Motors, and Stellantis (formerly Fiat Chrysler)—while in two others, it went to a company that made automobile components.</p>
<p>In one example, in May 2019, Whitmer <a href="https://www.michigan.gov/whitmer/news/press-releases/2019/05/21/generational-investment-of-4-5-billion-by-fiat-chrysler-signals-strong-bet-">announced</a> "the largest automotive assembly plant deal in the country in the last decade." As part of the deal, Fiat Chrysler would spend $4.5 billion in the state building a new plant and expanding five of its existing plants, creating 6,433 jobs, which Whitmer called a "generational investment in our state." In return, state and local officials would contribute cash and incentives worth over $200 million.</p>
<p>The deal included $109 million just for the company to update its factories in Detroit and Warren. Specifically, it would build electric trucks at its Warren factory and create 1,400 jobs. But the Michigan Strategic Fund, the state's economic development agency, noted in a <a href="https://sigmai.michigan.gov/EI360TransparencyApp/files/Economic%20Development%20Projects/FY2021%20Michigan%20Strategic%20Fund%20Act%20Annual%20Report.pdf">2021 report</a> that this portion of the project was "dismissed with no agreement being executed," as "it was determined the incentive was no longer necessary for the project to move forward."</p>
<p>"The fact that the state canceled" it, noted Hohman, "suggests that special subsidies were not responsible for the jobs that may have been created."</p>
<p>In fact, this was one of the better results, as officials simply retracted an offer before any money went out the door. But state taxpayers weren't always so lucky.</p>
<p>In December 2021, Michigan lawmakers <a href="https://reason.com/2023/05/24/michigan-has-given-the-e-v-industry-1-4-billion-and-counting/">created</a> the Strategic Outreach and Attraction Reserve (SOAR), an "economic development fund to ensure the state can compete for billions of dollars in investment and attract tens of thousands of jobs to bolster our economy." In its first 18 months, the state distributed $1.4 billion, all of it to companies making electric vehicles, batteries, or battery components.</p>
<p>That included $210 million to Ford and $666 million to a joint venture between General Motors and LG Energy Solution, a Korean battery manufacturer. Each deal would produce an electric vehicle battery plant, with General Motors creating 4,000 jobs and Ford creating 2,500.</p>
<p>Neither deal panned out as intended. Of General Motors, Hohman writes, "Its lofty promises have been revised downward, and GM abandoned its stake in part of the deal." That factory is now in the hands of LG Energy Solution, which will make residential and commercial batteries for Tesla.</p>
<p>Ford, meanwhile, lowered its job creation estimate from 2,500 to 1,700, though so far it has created zero, and received no state money, as the building is still under construction. The state did, however, spend another $780 million on site preparation.</p>
<p>Officials also negotiated for semiconductor manufacturer Sandisk to build a factory in Mundy Township, near Flint, creating 7,400 jobs. In exchange, the state <a href="https://bridgemi.com/business-watch/genesee-county-leaders-still-bullish-on-megasites-potential-despite-setbacks/">agreed to</a> $261 million in incentives, but lawmakers offered as much as $20 billion as part of the deal. That involved acquiring and clearing 1,300 acres of private land, including purchasing and demolishing homes and schools. Demolition <a href="https://www.abc12.com/news/business/demolition-of-mundy-township-neighborhood-begins-in-megasite-area/article_488f3e45-ffa2-45a9-812e-74f3bcb40b0c.html">began in March,</a> even though Sandisk pulled out of the deal last year.</p>
<p>"The local developer has received about $200 million in state payments," Hohman wrote. "The result is a big empty field."</p>
<p>In total, Hohman found that $1.75 billion in state funds—out of $2.67 billion pledged—only created a measly 602 jobs at three of the eight projects, out of more than 25,000 promised. That means for each job Whitmer's deals created, Michigan taxpayers have spent nearly $3 million.</p>
<p>As is often the case, Hohman found, government officials' ambitious pledges of taxpayers' money ran into the harsh reality of the free market. "People should not expect these projects to lead to economic growth, even if officials repeatedly say that they will. The state's economic trends come from the decisions made by millions of people responding to their own opportunities and incentives," he concluded. "The Whitmer administration's track record shows that marquee economic development deals rarely work out as announced and that selective business subsidies fail to drive economic growth."</p>
<p>The post <a href="https://reason.com/2026/06/26/michigan-spent-1-8-billion-and-only-created-602-jobs/">Michigan Spent $1.8 Billion and Only Created 602 Jobs</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: Mackinac Center For Public Policy/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Michigan Gov. Gretchen Whitmer against a backdrop of money]]></media:description>
		<media:title><![CDATA[gretchen-whitmer-money]]></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[
				New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/new-jersey-supreme-court-requires-transparency-for-facial-recognition-evidence/" />
		<id>https://reason.com/?p=8390518</id>
		<updated>2026-06-26T16:25:54Z</updated>
		<published>2026-06-26T16:25:54Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Criminal Law" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Facial Recognition" /><category scheme="https://reason.com/latest/" term="New Jersey" />		<summary type="html"><![CDATA[Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/new-jersey-supreme-court-requires-transparency-for-facial-recognition-evidence/">
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										alt="Facial recognition software | Adani Samat/Midjourney"
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		<p><span style="font-weight: 400;">Just like humans may err in recognizing faces, facial recognition technology (FRT) is not without its flaws. </span><a href="http://reason.com/2026/03/30/fargo-police-refuse-to-apologize-to-tennessee-grandma-jailed-on-bogus-ai-evidence/"><span style="font-weight: 400;">Multiple</span></a> <a href="https://abcnews.com/GMA/News/man-sues-law-enforcement-alleging-ai-facial-recognition/story?id=133810835"><span style="font-weight: 400;">defendants</span></a><span style="font-weight: 400;"> have blamed the technology for </span><a href="https://reason.com/2024/07/23/faulty-facial-recognition-tech-got-him-arrested-now-hes-getting-a-300000-payout/"><span style="font-weight: 400;">wrongful arrests</span></a><span style="font-weight: 400;"> as more and more law enforcement agencies </span><a href="https://www.washingtonpost.com/business/2024/10/06/police-facial-recognition-secret-false-arrest/"><span style="font-weight: 400;">rely</span></a><span style="font-weight: 400;"> on the technology to identify suspects. Meanwhile, </span><a href="https://www.washingtonpost.com/business/2024/05/18/facial-recognition-law-enforcement-austin-san-francisco/"><span style="font-weight: 400;">limits</span></a><span style="font-weight: 400;"> on its use vary from state to state and city to city. </span></p>
<p><span style="font-weight: 400;">A </span><a href="https://www.njcourts.gov/system/files/court-opinions/2026/a_41_24.pdf"><span style="font-weight: 400;">ruling</span></a><span style="font-weight: 400;"> this week regarding a murder case in New Jersey, however, forces law enforcement to disclose how this technology is used in criminal investigations in the state. </span></p>
<p><span style="font-weight: 400;">In </span><i><span style="font-weight: 400;">State v. Tybear Miles,</span></i><span style="font-weight: 400;"> New Jersey's Supreme Court ruled that prosecutors must disclose how FRT was used to identify defendant Tybear Miles, who had been charged with "first-degree murder and weapons offenses."</span></p>
<p><span style="font-weight: 400;">The case stems from a 2021 fatal shooting in Jersey City. A day after the shooting, officers showed a confidential informant, who did not witness the incident, CCTV footage from a nearby location. The informant identified two males by their street names and Instagram usernames, according to the ruling. After the informant identified one of the males as "Fat Daddy," police ran a photo from "Fat Daddy's" Instagram page through a facial recognition module, which identified Miles as a potential match. </span></p>
<p><span style="font-weight: 400;">The ruling notes that the state provided the defendant with two different FRT searches as part of discovery. One search, according to the ruling, "returned a list of ten possible 'matches' to the probe image of [the] defendant, with [the] defendant ranked as the eighth 'match' on the list of ten." Another search "returned a list of ten possible 'matches,' with five different images of [the] defendant ranked in the first five positions." </span></p>
<p><span style="font-weight: 400;">Miles' sister and ex-girlfriend both identified Miles from videos and still images from other nearby surveillance footage, according to the ruling. The ruling states that "no witness identified defendant as the shooter; there were several people near the victim while he was shot twice; and all of the police interviewees were shown video footage and still photographs from approximately ninety minutes before the murder and seven minutes before the murder."</span></p>
<p><span style="font-weight: 400;">Miles' defense demanded details about how FRT was used in the case, and the trial judge ordered prosecutors to hand over 13 items, citing precedent from an earlier case requiring prosecutors to hand over FRT discovery items, reported the </span><a href="https://newjerseymonitor.com/2026/06/24/court-ruling-nj-cops-facial-recognition-technology/"><i><span style="font-weight: 400;">New Jersey Monitor</span></i></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">In Wednesday's ruling, the New Jersey Supreme Court partially upheld the lower court order, </span><a href="https://www.reuters.com/legal/government/new-jersey-court-limits-secrecy-around-police-use-facial-recognition-tools-2026-06-24/"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> Reuters. Justice Douglas Fasciale </span><a href="https://www.njcourts.gov/system/files/court-opinions/2026/a_41_24.pdf"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> that the state is required to produce "discovery identifying the FRT tools and materials the State used in its investigation," including the name and manufacturer of the software and publicly available information about its error rates. The state must also turn over items such as the original photograph used in the probe as part of discovery. The ruling does not, however, require the state to produce the "source code of the FRT algorithm and any similar proprietary information applicable to the FRT utilized by the State," but, if warranted, a defendant could pursue a discovery request for the proprietary information. </span></p>
<p><span style="font-weight: 400;">"The right to a fair trial is guaranteed under the Federal and State Constitutions, and due process compels the State to disclose evidence favorable to an accused," asserts the ruling. </span></p>
<p><span style="font-weight: 400;">The New Jersey Chapter of the American Civil Liberties Union, which filed an </span><a href="https://www.aclu-nj.org/cases/state-v-miles/?document=State-v-Miles_Amicus-Brief"><i><span style="font-weight: 400;">amicus</span></i><span style="font-weight: 400;"> brief</span></a><span style="font-weight: 400;"> in the case, praised the ruling, and one of its attorneys </span><a href="https://www.aclu-nj.org/press-releases/aclu-nj-responds-to-njsc-ruling-applying-constitutional-safeguards-to-use-of-facial-recognition-in-criminal-investigations/"><span style="font-weight: 400;">called</span></a><span style="font-weight: 400;"> it a "major victory for civil liberties," adding it is "one of the first state high court rulings of its kind." Some states, including </span><a href="https://govt.westlaw.com/mdc/Document/N4B3DF1B0715E11EFBDD4F0F34F436841?viewType=FullText&amp;originationContext=documenttoc&amp;transitionType=CategoryPageItem&amp;contextData=(sc.Default)#:~:text=Maryland's%20facial%20recognition%20law%2C%20%C2%A7%202%2D503%20of,Weapon%20crimes%20*%20Aggravated%20cruelty%20to%20animals"><span style="font-weight: 400;">Maryland,</span></a> <a href="https://mca.legmt.gov/bills/mca/title_0440/chapter_0150/part_0010/section_0070/0440-0150-0010-0070.html"><span style="font-weight: 400;">Montana</span></a><span style="font-weight: 400;">, and </span><a href="https://law.justia.com/codes/washington/title-43/chapter-43-386/section-43-386-070/"><span style="font-weight: 400;">Washington</span></a><span style="font-weight: 400;">, require law enforcement agencies to disclose the use of FRT to defendants before trial, but few laws and court rulings provide guidance about how the technology is used in the criminal justice system. Regardless of Miles' guilt or innocence, the ruling is an encouraging sign that more states may recognize the need for transparency regarding FRT as law enforcement increasingly relies on the technology to track and identify suspects. </span></p>
<p>The post <a href="https://reason.com/2026/06/26/new-jersey-supreme-court-requires-transparency-for-facial-recognition-evidence/">New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Facial recognition software]]></media:description>
		<media:title><![CDATA[NJ-Surveillance-6-25]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				America's Nuclear Industry Doesn't Need Cronyism To Thrive			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/americas-nuclear-industry-doesnt-need-cronyism-to-thrive/" />
		<id>https://reason.com/?p=8390510</id>
		<updated>2026-06-26T14:56:04Z</updated>
		<published>2026-06-26T15:15:55Z</published>
			<category scheme="https://reason.com/latest/" term="Capital Markets" /><category scheme="https://reason.com/latest/" term="Deregulation" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Energy efficiency" /><category scheme="https://reason.com/latest/" term="Energy Subsidies" /><category scheme="https://reason.com/latest/" term="Nuclear Power" /><category scheme="https://reason.com/latest/" term="Regulation" />		<summary type="html"><![CDATA[Privately funded nuclear reactors are achieving critical milestones on their own, but the Trump administration wants to prop up a single company.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/americas-nuclear-industry-doesnt-need-cronyism-to-thrive/">
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										alt="Energy Secretary Chris Wright | Illustration: Adani Samat/Bonnie Cash - Pool via CNP/CNP / Polaris/Newscom/Midjourney"
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		<p>Energy Secretary Chris Wright declared Thursday, during <a href="https://www.youtube.com/watch?v=2KkX7JoyCtE">an interview</a> with CNBC at Idaho National Laboratory, that America had entered the "golden era" of nuclear energy. Wright's bold proclamation coincides with the Energy Department's launch this week of a <a href="https://www.energy.gov/articles/department-energy-announces-american-nuclear-supply-chain-loans">$17.5 billion loan program</a>, through its Office of Energy Dominance Financing, to "rebuild" America's nuclear supply chain.</p>
<p>The loan program will finance five projects "sponsored by utilities and energy companies nationwide" that will begin construction on 10 large-scale commercial nuclear reactors across the United States by 2030. It's a lofty goal, and there's certainly a demand nationwide for new energy generation capacity, but a federal loan program cuts against Wright's <a href="https://www.youtube.com/watch?v=2KkX7JoyCtE">argument</a> that "private capital, private innovators" are steering the nuclear renaissance.</p>
<p>All 10 reactors will be AP1000s built by Westinghouse Electric Corporation, the same company the Trump administration <a href="https://reason.com/2025/10/29/republican-socialism-goes-nuclear-trump-bets-80-billion-on-government-backed-energy/">signed a golden shares agreement</a> with last October. It's no surprise then that the Energy Department's $17.5 billion loan program—exclusively for Westinghouse's product—matches the terms of that agreement, in which the government receives a 20 percent share of any dividends "paid out by Westinghouse above a $17.5 billion threshold," <a href="https://www.bloomberg.com/opinion/articles/2025-10-29/us-80-billion-nuclear-deal-with-westinghouse-is-a-mess?srnd=homepage-americas">according</a> to <em>Bloomberg</em>'s Liam Denning.</p>
<p>Projects will be "jointly owned" by Westinghouse and a utility or energy company, each of which will be required to commit $500 million to the venture before any loan is approved. Westinghouse has already signed letters of intent with seven potential partners, <a href="https://www.energy.gov/articles/department-energy-announces-american-nuclear-supply-chain-loans">according to</a> the Energy Department, though details of the partnerships have yet to be released.</p>
<p>Despite <a href="https://reason.com/2026/05/29/trump-cut-nuclear-red-tape-now-his-administration-is-picking-winners/">renewed private sector interest</a> in nuclear power, it's still expensive to build new reactors and power plants. The department's loan program is intended to alleviate the upfront costs of building new reactors, which have an average cost overrun of <a href="https://www.bu.edu/igs/2025/05/19/investment-risk-for-energy-infrastructure-construction-is-highest-for-nuclear-power-plants-lowest-for-solar/">$1.56 billion</a> per project, according to one estimate from Boston University's Institute for Global Sustainability.</p>
<p>The Westinghouse loan program is a step backward for an administration that has mostly recognized that the largest roadblock to deploying nuclear power is often the government itself.</p>
<p>Last June, to meet the president's goal of tripling the nation's nuclear energy capacity by 2050, the Energy Department launched its <a href="https://www.energy.gov/ne/us-department-energy-reactor-pilot-program">Reactor Pilot Program</a>. The program aims to have three new self-sustaining, advanced, and smaller reactors by July 4 and fast-track viable projects through a new commercial licensing process.</p>
<p>The program is off to a successful start. This month, advanced nuclear reactors built by Antares Nuclear and Valar Atomics, respectively, reached the criticality milestone, with AALO Atomics set to join them "in the next few days," <a href="https://www.youtube.com/watch?v=2KkX7JoyCtE">according to</a> Wright.</p>
<p>Yet there's an important distinction between the reactors approved through the pilot program and the prospective reactors backed by federal loans. The three projects were able to cut through regulatory red tape thanks to the pilot program, but the private sector financed them entirely.</p>
<p>Since launching a few years ago, Valar Atomics has raised over <a href="https://tracxn.com/d/companies/valar-atomics/__P-bnLzo9xQECookVSqzECzzPIPs-G4l2YPI7dnlWWWs#about-the-company">$489 million</a> in private capital, and Antares Nuclear has raised over <a href="https://www.businesswire.com/news/home/20260604167405/en/Antares-Achieves-Initial-Criticality-of-a-Privately-Developed-Advanced-Reactor-Under-DOE-Pilot-Program">$140 million</a>. AALO Atomics raised <a href="https://www.aalo.com/post/aalo-closes-100m-series-b">$100 million</a> in its last funding round alone. It appears all they needed was for the government to get out of their way.</p>
<p>In contrast, even though the AP1000 is the only large advanced reactor commercially operating in the United States, it's difficult to believe the Trump administration didn't choose Westinghouse because the government has a vested interest in its success.</p>
<p>Competition breeds innovation. The Trump administration could seemingly achieve its goal of energy dominance by streamlining the licensing process—which it has <a href="https://reason.com/2026/05/29/trump-cut-nuclear-red-tape-now-his-administration-is-picking-winners/">started</a> to do—to allow other firms to compete with Westinghouse's approved design, rather than picking winners and losers and putting taxpayers on the hook for the project's success.</p>
<p>Bringing large-scale advanced reactors online by the "early to mid 2030s" is an ambitious timeline, given that the only other AP1000s to be completed—Vogtle Units 3 and 4 in Georgia—took nearly 17 years from initial permits to completion, with a cost overrun of <a href="https://www.eenews.net/articles/after-vogtle-whats-next-for-nuclear/">nearly $21 billion</a>.</p>
<p>Increasing nuclear power generation in the U.S. is a worthy goal. With the private sector already eyeing investments in the nuclear industry, there's simply no need for the government to put its thumb on the scale to usher in a true "golden era" for the industry.</p>
<p>The post <a href="https://reason.com/2026/06/26/americas-nuclear-industry-doesnt-need-cronyism-to-thrive/">America&#039;s Nuclear Industry Doesn&#039;t Need Cronyism To Thrive</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Adani Samat/Bonnie Cash - Pool via CNP/CNP / Polaris/Newscom/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Energy Secretary Chris Wright]]></media:description>
		<media:title><![CDATA[Wright-Nuclear-6-25]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Wright-Nuclear-6-25-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Right Way To Fight a Trade War			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/06/26/the-right-way-to-fight-a-trade-war/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8385737</id>
		<updated>2026-06-25T19:19:45Z</updated>
		<published>2026-06-26T15:00:24Z</published>
			<category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Inflation" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Globalization" /><category scheme="https://reason.com/latest/" term="National Security" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Economist Soumaya Keynes discusses Trump’s tariff policies, how China changed the global economy, and why trade wars require restraint.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/06/26/the-right-way-to-fight-a-trade-war/">
			<![CDATA[<p>This week, guest host <a href="https://reason.com/people/eric-boehm/">Eric Boehm</a> is joined by <a href="https://www.ft.com/soumaya-keynes"><em>Financial Times</em> columnist</a> and economist <a href="https://x.com/SoumayaKeynes">Soumaya Keynes</a> to discuss her new book, <em><a href="https://www.simonandschuster.com/books/How-to-Win-a-Trade-War/Soumaya-Keynes/9781668221310">How to Win a Trade War</a></em>.</p>
<p>They examine Donald Trump's tariff policies, whether trade wars can ever be won, and why Keynes believes that simply saying no one wins a trade war is no longer enough. She explains how China's economic model challenged the old rules-based trading system and why many policymakers now see Beijing as a unique economic rival.</p>
<p>They also discuss the collapse of the World Trade Organization's dispute-settlement system, the growing role of national security in trade policy, and the difficulties of coordinating with allies in an increasingly fragmented global economy. Finally, Keynes explains why trade wars require restraint, how economic conflicts can spiral into broader geopolitical tensions, and what a future trading system might look like.</p>
<p>&nbsp;</p>
<p>0:00—Can trade wars be won?</p>
<p>5:03—Differences in the second Trump administration</p>
<p>8:15—The analogy of pirates for global trade</p>
<p>16:44—The collapse of the rules-based trading system</p>
<p>20:13—How China changed the global economy</p>
<p>24:36—Trade policy and national security</p>
<p>31:52—The future of the global trading system</p>
<p>39:38—How should the next president handle trade?</p>
<p>40:46—Soumaya Keynes musical performance</p>
<p>&nbsp;</p>
<p>Producer: <a href="https://reason.com/people/paul-alexander/">Paul Alexander</a></p>
<p>Audio Mixer: <a href="https://reason.com/people/ian-keyser/">Ian Keyser</a></p>
<p>The post <a href="https://reason.com/podcast/2026/06/26/the-right-way-to-fight-a-trade-war/">The Right Way To Fight a Trade War</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[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[On the left is Soumaya Keynes. On the right is Eric Boehm. Behind them is an image of President Trump and Xi Jinping. Bold text across the bottom of the screen reads "CAN WE STILL WIN?"]]></media:description>
		<media:title><![CDATA[TRI-Soumaya-6-17-A]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Cato Institute Podcast on Possible "Abundance Alliance" Between Libertarians and Abundance Liberals			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/cato-institute-podcast-on-possible-abundance-alliance-between-libertarians-and-abundance-liberals/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390467</id>
		<updated>2026-06-26T02:26:37Z</updated>
		<published>2026-06-26T14:15:02Z</published>
			<category scheme="https://reason.com/latest/" term="Conservatism" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Liberalism" /><category scheme="https://reason.com/latest/" term="Libertarianism" /><category scheme="https://reason.com/latest/" term="Socialism" />		<summary type="html"><![CDATA[I took part along with prominent abundance liberalism advocate Jeremiah Johnson. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/cato-institute-podcast-on-possible-abundance-alliance-between-libertarians-and-abundance-liberals/">
			<![CDATA[<p>Earlier this week, the Cato Institute hosted a podcast building on <a href="https://reason.com/volokh/2026/04/23/two-cheers-for-abundance-liberalism/">my idea of a potential alliance</a> between libertarians and "abundance liberals." I took part along with <a href="https://cnliberalism.org/people/jeremiah-johnson">Jeremiah Johnson of the Center for New Liberalism</a>. My Cato colleague Ryan Bourne moderated. Beforehand, I thought I might agree with perhaps 70-80% of what Jeremiah would say. But it turned out to be more like 90-95%! I particularly agree with his points about how libertarians should prioritize issues (given that we are unlikely to achieve a fully libertarian state anytime soon, if ever).</p>
<p>I embed the audio below:</p>
<p><iframe class="wp-embedded-content" sandbox="allow-scripts" security="restricted" title="The Abundance Alliance?" src="https://embed.acast.com/$/5e28e0d8963f166217546493/6a3c1fbc97b52d993655189b?#?secret=qnQPriXkyV" data-secret="qnQPriXkyV" frameborder="0" width="700" height="250"></iframe></p>
<p>Cato also posted links to several pieces relevant to this discussion. I reprint them below:</p>
<ul>
<li>Ilya Somin, "<a id="OWA0067b699-89f2-6037-0782-1c87779cc423" href="https://reason.com/volokh/2026/04/23/two-cheers-for-abundance-liberalism/" target="_blank" rel="noopener noreferrer">Two Cheers for Abundance Liberalism</a>," The Volokh Conspiracy, April 23, 2026 [this is the post that started this discussion].</li>
<li>Matt Yglesias, "<a id="OWA43e9f379-efad-41ea-21bb-c3a326be0764" href="https://www.theargumentmag.com/p/what-libertarians-get-wrong-about" target="_blank" rel="noopener noreferrer">What Libertarians Get Wrong About Freedom</a>," The Argument, May 20, 2026.</li>
<li>Ilya Somin, "<a id="OWAa40a655d-5862-8910-e2ac-953b56e75e5c" href="https://reason.com/volokh/2026/05/20/matt-yglesias-on-libertarianism-abundance-liberalism-and-a-possible-alliance-between-the-two/" target="_blank" rel="noopener noreferrer">Matt Yglesias on Libertarianism, Abundance Liberalism, and a Possible Alliance Between the Two</a>," The Volokh Conspiracy, May 20, 2026.</li>
<li>David Friedman, "<a id="OWAe1899281-73de-0c06-be40-2cc6be9fc743" href="https://daviddfriedman.substack.com/p/libertarians-and-abundance-liberals" target="_blank" rel="noopener noreferrer">Libertarians and Abundance Liberals</a>," David Friedman's Substack, May 28, 2026.</li>
<li>Ryan Bourne, "<a id="OWAf9636302-f2eb-73ff-e219-2c014db61978" href="https://ryanbourne.substack.com/p/one-and-a-half-cheers-for-supply" target="_blank" rel="noopener noreferrer">One and a Half Cheers for Supply-Side Progressivism</a>," The War on Prices, September 16, 2022.</li>
</ul>
<p>The post <a href="https://reason.com/volokh/2026/06/26/cato-institute-podcast-on-possible-abundance-alliance-between-libertarians-and-abundance-liberals/">Cato Institute Podcast on Possible &quot;Abundance Alliance&quot; Between Libertarians and Abundance Liberals</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Supergirl Is a Bafflingly Grim, Violent, and Depressing Take on the Superhero Movie			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/supergirl-is-a-bafflingly-grim-violent-and-depressing-take-on-the-superhero-movie/" />
		<id>https://reason.com/?p=8390482</id>
		<updated>2026-06-26T13:32:16Z</updated>
		<published>2026-06-26T13:50:38Z</published>
			<category scheme="https://reason.com/latest/" term="Comics" /><category scheme="https://reason.com/latest/" term="Movie Violence" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="Science Fiction" /><category scheme="https://reason.com/latest/" term="Superheroes" />		<summary type="html"><![CDATA[A drunk, depressed young woman fights personal demons and an interstellar sex trafficking gang. Isn’t this supposed to be fun? ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/supergirl-is-a-bafflingly-grim-violent-and-depressing-take-on-the-superhero-movie/">
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		<p><span style="font-weight: 400;">When </span><i><span style="font-weight: 400;">Superman</span></i><span style="font-weight: 400;"> hit theaters last summer as the first in a new line of DC comic book movies overseen by James Gunn, it was more than just another franchise reset. It was a return to the comic book character's brighter, lighter, more uplifting, and family-friendly roots after more than a decade mired in Zack Snyder's grimdark vision of a brooding, murderous, alien god. It wasn't a great movie, exactly, but it was fun and frequently charming—a movie designed for kids, not just sullen adults. </span></p>
<p><span style="font-weight: 400;">So it's rather baffling that </span><i><span style="font-weight: 400;">Supergirl</span></i><span style="font-weight: 400;">, the first follow-up to that film, takes the opposite tack. It's dark, depressive, and dull. </span><i><span style="font-weight: 400;">Supergirl</span></i><span style="font-weight: 400;"> is such a thoroughly grim and charmless picture that it almost plays like an in-universe rebuke to its predecessor's light-heartedness. It's a downer of a movie in nearly every way. </span></p>
<p><span style="font-weight: 400;">When we first meet the titular Supergirl, Kara Zor-El, she's a sad, lonely, drunk who spends her days hungover and her nights drinking heavily with her dog. She's taken off to a planet with a red sun, which removes her powers and makes her vulnerable like an ordinary human, so that she can feel the effects of booze. She abuses it to avoid her real feelings of anger and abandonment stemming from deep childhood trauma and a sense of parental abandonment that the film slowly reveals. </span></p>
<p><span style="font-weight: 400;">If that isn't bright and cheery enough, she quickly gets caught up in a young girl's quest to find the Brigands—leather-and-spikes-wearing space raiders who murdered the girl's mother, father, and brother in front of her, in one of the movie's two (!) separate on-screen family massacres. It turns out that the Brigands are essentially an intergalactic rape and sex trafficking gang who make a practice of abducting, imprisoning, and sexually assaulting young women, whom they call brides, to perpetuate their all-male society. </span></p>
<p><span style="font-weight: 400;">Directed by Craig Gillespie (<em>I, Tonya </em>and <em>Cruella</em>), the movie is tinged with the sort of </span><a href="https://www.youtube.com/watch?v=rKHYv2r4m6k"><i><span style="font-weight: 400;">Heavy Metal</span></i></a><span style="font-weight: 400;">-esque trippy pulp weirdness that Gunn is known for, but it comes across as forced and tonally at odds with its hero. The whole thing plays like a fourth-rate Mad Max ripoff, but without the pedal-to-the-metal action sequences or the single-minded vengeful fury. It's not fun. It's barely even righteous. It's just miserable. At one point, Supergirl flat-out murders a guy by pushing a giant sword through his neck. Somehow, I suspect even Zack Snyder would be appalled. </span></p>
<p><span style="font-weight: 400;">I honestly struggle to imagine how this concept passed the pitch phase, much less made it into full-on movie form. It's truly baffling. </span><i><span style="font-weight: 400;">We're reimagining the DC Comics universe, starting with a brightly colored, aww-shucks Superman reboot that signals an end to the grave solemnity of the previous era—so let's make Supergirl a dark, violent, depressing story about a sad drunk dealing with deep familial trauma while fighting a ruthless rape gang. This will be great for little kids! </span></i></p>
<p><span style="font-weight: 400;">What the actual </span><i><span style="font-weight: 400;">fu</span></i><span style="font-weight: 400;">—nevermind. It doesn't matter. Whatever the reasoning, somehow this movie </span><i><span style="font-weight: 400;">did</span></i><span style="font-weight: 400;"> get made. And at times it even seems almost aware of its own conceptual catastrophe. </span></p>
<p><span style="font-weight: 400;">Throughout the film, David Corenswet's Superman makes a handful of trying-to-be-sunny cameo appearances, including a flashback scene in which he presents Kara with her red, yellow, and blue Supergirl costume. It's sort of cheesy looking, and he admits as much. "I know it's pretty colorful," he says. "But that's just so everyone knows we're good." </span><i><span style="font-weight: 400;">Supergirl's</span></i><span style="font-weight: 400;"> punishing levels of bleakness, darkness, and hopelessness are a pretty good sign it's not.  </span></p>
<p>The post <a href="https://reason.com/2026/06/26/supergirl-is-a-bafflingly-grim-violent-and-depressing-take-on-the-superhero-movie/">&lt;i&gt;Supergirl&lt;/i&gt; Is a Bafflingly Grim, Violent, and Depressing Take on the Superhero Movie</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Supergirl/DC and Warner Bros.]]></media:credit>
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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[
				The Housing Bill Trump Won't Sign			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/the-housing-bill-trump-wont-sign/" />
		<id>https://reason.com/?p=8390280</id>
		<updated>2026-06-26T13:30:47Z</updated>
		<published>2026-06-26T13:30:50Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Reason Roundup" />		<summary type="html"><![CDATA[Plus: Mamdani's rent freeze, Darializa's "no jail for murderers" stance, inflation ticks up, and more...]]></summary>
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		<p><strong>A decent start: </strong>On Wednesday, President Donald Trump canceled his plans to sign a shockingly decent housing bill that had passed both House and Senate. It's not clear whether this is a stunt designed to get voter ID laws passed or whether he intends to sign the bill eventually.</p>

<p>"Under the Constitution, a president has 10 days, excluding Sundays, to sign or return a bill once it has been presented to him. If he has not done either by the end of that period, it becomes law without his signature," <a href="https://www.nytimes.com/2026/06/25/us/politics/trump-housing-bill-scenarios.html">reports</a> <em>The New York Times. "</em>But there's a catch. If Congress is adjourned when that 10-day period ends, the unsigned bill is killed in what is known as a 'pocket veto.' There are legal questions about whether this would happen during a congressional recess—when the chambers are out of session temporarily, as the House and the Senate are scheduled to be for 10 days beginning on July 3—or only when Congress is adjourned at the end of a session, which will not happen until the end of the year."</p>
<p>As for the actual substance of the bill, the YIMBYs are celebrating. Case in point:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">CONGRESS PASSES THE 21ST CENTURY ROAD TO HOUSING ACT!!!!!</p>
<p>HOUSE: 358-to-32<br />SENATE: 85-to-5</p>
<p>- Bipartisan reform to fix housing shortage &amp; lower costs (no big new spending)<br />- Streamlines permitting, zoning &amp; NEPA reviews to speed up building<br />- $200M+ Innovation Fund + grants for&hellip;</p>
<p>&mdash; YIMBYLAND (@YIMBYLAND) <a href="https://x.com/YIMBYLAND/status/2069573780121199099?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The <a class="css-yywogo" title="" href="https://www.banking.senate.gov/imo/media/doc/section-by-section_for_the_21st_century_road_to_housing_act.pdf" target="_blank" rel="noopener noreferrer">21st Century ROAD to Housing Act</a> is a decent start, streamlining National Environmental Policy Act (NEPA) reviews, permitting, and zoning will surely speed up the building of new housing. But I fear so much implementation happens at the local level, so localities still have the opportunity to thwart these efforts (like how California thwarts new building projects <a href="https://housingactioncoalition.org/news/sf-rezoning-map-9gbmr-bxgld">with the California Environmental Quality Act</a>, which is at long last being rolled back a bit). And some components of the bill are not great for fans of free markets, like the ban on large investors buying more homes.</p>
<p>Of course, it's a joint production by Sens. Tim Scott (R–S.C.) and Elizabeth Warren (D–Mass.), so the bill explicitly includes Warren's investor-purchase ban (which Scott agreed to). It's a genuine political compromise, with Warren getting her corporate landlord crackdown in exchange for Scott getting his supply-side reforms. We can never just have a fully good housing bill, can we?</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>Lots of drama from the NYC Rent Guidelines Board, which just approved a two-year freeze for roughly 1 million rent-stabilized apartments. This is "the first two-year rent freeze in the board's history and fulfills a key campaign pledge from Mayor Zohran Mamdani, who named six of the board's nine members," <a href="https://gothamist.com/news/nyc-rent-guidelines-board-approves-2-year-rent-freeze-fulfilling-mamdani-campaign-pledge">reports</a> <em>Gothamist. </em>"The decision applies to rent-stabilized apartments in buildings with six or more units built before 1974, as well as apartments in buildings that receive certain tax breaks or government subsidies. The freeze applies to new one- and two-year leases beginning between Oct. 1, 2026, and Sept. 30, 2027." This is obviously a bad decision. I actively hope Mamdani won't fulfill any of his campaign pledges, but he is unfortunately turning out to be rather true to his word so far.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Rent Guidelines Board member Christina Smyth just resigned from the board — hours before they were slated to vote on whether to enact Mayor Mamdani&#39;s rent freeze promise. </p>
<p>This rebuilt board was required to deliver a rent freeze. Everything since has been theater,&quot; she wrote. <a href="https://t.co/kBM7knYGv4">pic.twitter.com/kBM7knYGv4</a></p>
<p>&mdash; Josie Stratman (@JosieStratman) <a href="https://x.com/JosieStratman/status/2070133829549937128?ref_src=twsrc%5Etfw">June 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"In the 1990s, the <em>Friends</em> decade, just 3% of American men and 2% of women said they had no close friends at all," <a href="https://www.bloomberg.com/news/articles/2026-06-25/friendship-startups-for-loneliness-have-a-business-model-problem?srnd=homepage-americas">reports</a> <em>Bloomberg.</em> "In 2021, that number had risen to 15% of men and 10% of women, per the Survey Center on American Life. Feelings of isolation have quintupled in 30 years." Now "a new niche of companies, community builders and coaches are stepping into the void. Call it the connection economy." (I am bearish on whether any sort of startup can solve this problem.)</li>
<li>More on Darializa Avila Chevalier's insane beliefs (no jail or deportations for murderers!), from my friend Mary Katharine Ham:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">On one hand, Mamdani is charismatic and that's a short cut to putting people in power. On the other hand, these people are weirdos with weirdo beliefs. <a href="https://x.com/GetHammeredPod?ref_src=twsrc%5Etfw">@GetHammeredPod</a> <a href="https://t.co/RhnGTRbtLU">pic.twitter.com/RhnGTRbtLU</a></p>
<p>&mdash; Mary Katharine Ham (@mkhammer) <a href="https://x.com/mkhammer/status/2069801667294314536?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>"An Iranian court has sentenced an outspoken female singer to 74 lashes for performing at a concert without wearing a hijab, according to a person close to her family and state media news reports," <a href="https://www.nytimes.com/2026/06/23/world/middleeast/iranian-singer-lashing-sentence.html">reports</a> <em>The New York Times.</em> "The punishment indicated a possible tightening of religious rules for women under an Iranian political order reshaped by war."</li>
<li>Inflation ticks higher and higher while <a href="https://www.bloomberg.com/news/articles/2026-06-25/us-inflation-climbs-to-three-year-high-spending-picks-up?srnd=homepage-americas">consumer spending accelerates</a>:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">JUST IN: PCE Inflation jumped to 4.1% (y/y) in May -- That&#39;s the highest inflation in 3 years and it&#39;s due largely to the war in Iran impact.</p>
<p>Core PCE inflation (excluding food and energy) rose to 3.4% --&gt; the highest since fall 2023. </p>
<p>This is painful for the middle class and&hellip; <a href="https://t.co/KxrHvA5pEF">pic.twitter.com/KxrHvA5pEF</a></p>
<p>&mdash; Heather Long (@byHeatherLong) <a href="https://x.com/byHeatherLong/status/2070123762846953502?ref_src=twsrc%5Etfw">June 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Not wrong!</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">By years end there is a non-zero chance Greta ends up taking a side in a Somali clan feud <a href="https://t.co/VpgBorzvjS">https://t.co/VpgBorzvjS</a></p>
<p>&mdash; River Page (@river_is_nice) <a href="https://x.com/river_is_nice/status/2070294849136267707?ref_src=twsrc%5Etfw">June 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/06/26/the-housing-bill-trump-wont-sign/">The Housing Bill Trump Won&#039;t Sign</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Sipa USA/Newscom]]></media:credit>
		<media:title><![CDATA[Trump-Housing-Act-6-26]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				New Essay: Obergefell's Second Decade			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/new-essay-obergefells-second-decade/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390492</id>
		<updated>2026-06-26T13:17:12Z</updated>
		<published>2026-06-26T13:17:12Z</published>
					<summary type="html"><![CDATA[Progressives continue to bemoan the Roberts Court's supposed "illegitimacy." But a case they venerate remains the measuring stick for judicial hubris.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/new-essay-obergefells-second-decade/">
			<![CDATA[<p>Happy <a href="https://reason.com/volokh/2026/06/26/today-in-supreme-court-history-june-26-2003-june-26-2013-and-june-26-2015-6/">June 26th</a> everyone, or as I call it, Justice Anthony M. Kennedy Day. On this day in history, Justice Kennedy decided <em>Lawrence</em>, <em>Windsor</em>, and <em>Obergefell</em>. This is a fitting moment to reflect back on the first decade of <em>Obergefell</em>, and look ahead to that precedent's future. My new essay in <em>Law &amp; Liberty</em> is titled <a href="https://lawliberty.org/obergefells-second-decade/"><em>Obergefell's</em> Second Decade</a>.</p>
<p>Here is the introduction:</p>
<blockquote>
<p data-beyondwords-marker="df219d49-a2ed-400f-8363-ad261b8eb32d">It has become received wisdom by the legal intelligentsia that the Supreme Court is illegitimate. They charge that the conservative justices are engaging in politicized decisions that advance Republican causes, which have no grounding in law. Critics blast the Court for not following procedural regularity and deciding important issues on the so-called "shadow" docket. This mantra is repeated so often that jurisdiction stripping, Court packing, or worse seems like a <em>fait accompli</em> when progressives regain power. Yet, these Court critics seem to have forgotten much of the past century. During the most convulsive days of the Warren Court, progressive elites raised no alarms. Rather, they celebrated as Chief Justice Earl Warren and his colleagues rewrote virtually every aspect of our legal order, from criminal law to religion to sexual privacy to election law and more. And all of this was done without even the slightest pretense of legal justification, beyond the justices' personal preference for what would make a more just society.</p>
<p data-beyondwords-marker="83225685-8d39-4732-ae28-c1715639eb48">Perhaps it is unfair to attack contemporary critics on this front, as they simply were not around during that bygone era. But a ten-year time horizon is fair game. Just over a decade ago, <a href="https://www.oyez.org/cases/2014/14-556" target="_blank" rel="noopener"><em>Obergefell v. Hodges</em> (2015)</a> invented a constitutional right to same-sex marriage, without even the slightest pretense of legal justification. To be sure, there were legal arguments that marriage laws amounted to unconstitutional forms of sex discrimination. But Justice Anthony Kennedy, the author of that decision, was never one for legal formalism.</p>
<p data-beyondwords-marker="742de1bc-e3dd-4841-92da-91a9e422c770">When <em>Obergefell</em> was decided, the same legal intelligentsia that excoriates the present-day Court celebrated Justice Kennedy's ruling, while ignoring the countless faults used to get the case there. Their failure to even acknowledge these problems disqualifies such critics from charging the present-day Court with illegitimacy. This double standard is especially apt for Justices Sonia Sotomayor and Elena Kagan. They joined Justice Kennedy's majority opinion, yet now they have the audacity to criticize their colleagues for opinions that aren't even in the same realm as <em>Obergefell</em>.</p>
<p data-beyondwords-marker="bc1cd9a0-fa9a-4be6-9212-ab40258c5674">The journey to <em>Obergefell</em> took seven fateful steps. First, before there was <em>Obergefell</em>, the Supreme Court was asked to strike down the Defense of Marriage Act (DOMA). But the entire case was a setup. The Obama Administration agreed that DOMA was unconstitutional, but still insisted on enforcing the law so as not to moot the legal challenge. Second, given the lack of adversity between the challengers and the government, the federal courts had no business deciding the case. Yet, the Supreme Court plowed through all procedural hurdles, even while promising the public that this case did not disturb marriage laws. Third, almost immediately after DOMA was gone, federal courts began to strike down state marriage laws. Moreover, these judges did not put their rulings on hold to permit an appeal, so there was a simultaneous race to the altar and to the Supreme Court. Fourth, after some delay, the Supreme Court put same-sex marriage rulings on hold, only temporarily. But the Justices silently allowed marriage laws to fall in a dozen states through the "shadow" docket without the benefit of oral argument or a reasoned decision. Fifth, when the issue finally arrived on the Supreme Court's merits docket, the focus was not on the law, but instead on an issue that was not presented: how children would feel if their gay parents could not get married. The original meaning of the Fourteenth Amendment, ratified in 1868, was irrelevant, as the Justices wielded the greatest act of judicial hubris in American history. Sixth, the outcome in <em>Obergefell</em> was never in doubt. Justice Kennedy had single-handedly built an entire judicial edifice for gay rights on his conception of "dignity." Kennedy issued the three leading decisions about gay rights on the same day over the course of twelve years: June 26. <em>Obergefell</em> was almost certainly timed to coincide with Pride Weekend 2015.</p>
<figure class="wp-block-pullquote alignleft" data-beyondwords-marker="d41428c4-3c4b-4b2a-a109-533dcfe66c6b">
<blockquote><p>The entire progressive public and private ecosystem united with a single purpose: to bring this case to the Supreme Court's door while making it as hard as possible for a defense to be mounted.</p></blockquote>
</figure>
<p data-beyondwords-marker="ac712bc2-a759-44dc-b7e3-a8090d00fa34">Seventh, and finally, the Court took all of these actions without regard for <em>stare decisis</em>, the venerable principle that the Court should stand by precedent. Justice Kennedy blithely dismissed a ruling from 1971 that (correctly) recognized that the Constitution was silent about same-sex marriage. The precedential value of this case was in doubt, but the deeply rooted tradition of traditional marriage was universal. The Court rejected the received wisdom of countless civilizations from every corner of the globe over the course of millennia. Why? Because of insights revealed over the past two decades by the legal intelligentsia. <em>Stare decisis</em>, apparently, is for suckers.</p>
<p data-beyondwords-marker="ad405384-a9f1-46f7-b34a-30d044693a7b">In <em>Obergefell</em>'s first decade, the decision stood as a tribute to judicial supremacy. But in its second decade, <em>Obergefell</em> should be seen as a low-water mark of judicial craft and the measuring stick by which all other decisions should be compared. Anything the post-Trump Roberts Court has done pales in comparison with the contrived legal arguments and procedural shenanigans to constitutionalize same-sex marriage.</p>
</blockquote>
<p>And the conclusion:</p>
<blockquote>
<p data-beyondwords-marker="35bc1139-aff2-4cc1-b1b2-c00dd01e87ba">As we enter <em>Obergefell</em>'s second decade, I do not yet see the sort of groundswell of opposition that could lead to the decision's reversal. There is nothing like the five-decade-long backlash to <em>Roe v. Wade</em>, which culminated in the <em>Dobbs</em> decision. On the current Court, only Justice Thomas seems willing to revisit the decision, and even he did not publicly vote to grant review in Kim Davis's challenge to <em>Obergefell</em>. But my purpose here in recounting the path to <em>Obergefell</em> is not to make the case for overruling the precedent. Indeed, even if <em>Obergefell</em> were overruled, the positive laws in nearly every state would continue to protect same-sex marriage. Plus, with virtual wedding officiants, gay couples in all fifty states could easily get married. Despite the fear-mongering from the Court's progressive wing, the world would not look much different in a post-<em>Obergefell</em> world.</p>
<p data-beyondwords-marker="f286ccc1-abda-432f-9667-330f17dca67a">Rather, my purpose here is to highlight a painful double standard. When progressives can effect a revolution through the courts, no procedural or substantive rule will stand in the way. Cultural elites will celebrate that ruling and rebut any charges of illegitimacy. And conservatives, perhaps due to their Burkean nature, never even considered retaliation with remedies like jurisdiction stripping or court expansion. But starting in 2018, before the Court issued any landmark conservative decisions, liberals preemptively felt compelled to delegitimize the Court. So when conservative decisions came, the Court was already tainted with the brush of corruption.</p>
<p data-beyondwords-marker="498f6ef0-26e8-4613-952f-dca26f291eae">Did progressives simply contract a case of selective amnesia, such that the entire run-up to <em>Obergefell</em> was simply forgotten? Or is "legitimacy" merely a function of who stands to benefit from a ruling? The left insists that <em>Roe</em> and <em>Obergefell</em>, which removed contentious issues from the political process, were legitimate. But the left maintains that <em>Dobbs</em>, which restored the contentious issue of abortion to the political process, was not legitimate. In the end, charges of illegitimacy are artificial and merely serve as a means to an end. <em>Obergefell</em> should be held up not only as a tribute to judicial supremacy and hubris, but as the measuring stick for all exercises of judicial legitimacy. Nothing the Roberts Court has done comes even remotely close to what the Kennedy Court did in <em>Obergefell</em>.</p>
</blockquote>
<p>There is a lot here, which I hope you take the time to consider. I am also thankful to Law &amp; Liberty for publishing this piece, which takes a strong issue on a contentious issue of social concern.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/26/new-essay-obergefells-second-decade/">New Essay: Obergefell&#039;s Second Decade</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[
				Kansas Proxy Advisory Transparency Act Likely Violates First Amendment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/kansas-proxy-advisory-transparency-act-likely-violates-first-amendment/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390473</id>
		<updated>2026-06-26T05:38:12Z</updated>
		<published>2026-06-26T12:01:46Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[Its distinction between a voting recommendation "that aligns with the views of company management" and one that "recommends a vote against company management" is unconstitutionally viewpoint-based, a court holds.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/kansas-proxy-advisory-transparency-act-likely-violates-first-amendment/">
			<![CDATA[<p>From Judge Holly Teeter (D. Kan.) Wednesday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.ksd.163647/gov.uscourts.ksd.163647.48.0.pdf"><em>Institutional Shareholder Servs. Inc. v. Kobach</em></a>:</p>
<blockquote><p>SB 375 is known as the Proxy Advisory Transparency Act. Under SB 375, a "proxy advisor" is "a person who, for compensation, provides a proxy advisory service to shareholders of a company or to other persons with authority to vote on behalf of the shareholders of a company." "Proxy advisory service" is defined as certain "services that are provided in connection with or in relation to a company, or are provided to any person in this state." This includes "[a]dvice or a recommendation on how to vote on a company proposal or proxy proposal." Charitable organizations and banks that meet certain criteria are excluded from the definition of proxy advisory service&hellip;.</p>
<p>If a proxy advisor makes a voting recommendation that aligns with the views of company management, SB 375 does not require any action. If a proxy advisor recommends a vote "against company management," whether specifically or as default policy, and that recommendation is <em>not</em> based on a "written financial analysis," the proxy advisor must:</p>
<p>(1) Concurrently with providing the proxy advisory service, include a clear and conspicuous disclosure to each shareholder, or entity or other person acting on behalf of a shareholder, receiving the proxy advisory service that:<br />
(A) Identifies the service being provided;<br />
(B) identifies the recommendation or policy at issue; and<br />
(C) states that the proxy advisor has made the recommendation or policy without basing such recommendation on a written financial analysis regarding the impact of such recommended action on company investors that:<br />
(i) Analyzes the expected short-term and long-term financial benefits and costs to the company regarding the implementation of the company proposal or proxy proposal;<br />
(ii) concludes what vote or course of action is most likely to positively affect shareholder value; and<br />
(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the recommendation;</p></blockquote>
<p><span id="more-8390473"></span></p>
<blockquote><p>(2) provide, concurrently with providing a proxy advisory service under section 3(h)(1)(A) or (1)(B), and amendments thereto, the disclosure under subsection (a)(1) to the board of directors of each company that is the subject of the proxy advisory service; and</p>
<p>(3) while any proxy advisory services are being provided, publicly and conspicuously disclose on the home or front page of the proxy advisor's website a statement that the proxy advisor's proxy advisory services include one or more services that include recommendations or policies against company management on company proposals or proxy proposals that are not made based on a written financial analysis regarding the impact of such recommended action on company investors that:<br />
(A) Analyzes the expected short-term and long-term financial benefits and costs to the company regarding the implementation of the company proposal or proxy proposal;<br />
(B) concludes what vote or course of action is most likely to positively affect shareholder value; and<br />
(C) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the recommendation.</p>
<p>If a proxy advisor makes a recommendation "against company management" that <em>is</em> based on a written financial analysis, the proxy advisor must:</p>
<p>(1) Concurrently with providing the proxy advisory service, include a clear and conspicuous disclosure to each shareholder, or entity or other person acting on behalf of a shareholder, receiving the proxy advisory service that:<br />
(A) Identifies the proxy advisory service being provided;<br />
(B) identifies the recommendation or policy at issue;<br />
(C) states that the proxy advisor has made the recommendation or policy based on a written financial analysis that:<br />
(i) Analyzes the expected short-term and long-term financial benefits and costs to the company regarding the implementation of the company proposal or proxy proposal;<br />
(ii) concludes what vote or course of action is most likely to positively affect shareholder value; and<br />
(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the recommendation; and<br />
(D) states that the analysis is available upon request;</p>
<p>(2) make such analysis available within a reasonable time to any client of the proxy advisory service upon request; and</p>
<p>(3) provide, concurrently with providing a proxy advisory service under section 3(h)(1)(A) or (1)(B), and amendments thereto, a copy of such analysis to the board of directors of each company that is the subject of the service.</p></blockquote>
<p>The court concluded that the law was likely unconstitutional because it was viewpoint-based, relying on <em>Chiles v. Salazar </em>(the case that struck down restrictions on sexual orientation and gender identity conversion therapy):</p>
<blockquote><p>The Court agrees with Plaintiffs that SB 375 is viewpoint-based on its face because the law draws a distinction based on the message conveyed. If a proxy advisor recommends voting <em>with</em> company management, SB 375 does not require any action by the proxy advisor and the speech is unencumbered regardless of the methodology (or lack thereof) or reasons underlying the recommendation. But, if the proxy advisor recommends voting <em>against</em> company management, SB 375 requires the proxy advisor to either (1) disclose a report that satisfies the statute's definition of "written financial analysis" to the client and the company, or (2) declare to the client, company, and the internet at large that it made voting recommendations not based on a "written financial analysis." SB 375 therefore regulates speech based on whether the expressed opinion is for or against company management&hellip;.</p></blockquote>
<p>And the court held that the speech involved wasn't mere "commercial speech," which is more subject to restriction:</p>
<blockquote><p>"Commercial speech is that which does no more than propose a commercial transaction." Advertising is the most obvious example. A combination of factors distinguishes commercial speech from non-commercial speech. Speech is more likely to be characterized as commercial speech if "(1) it is concededly an advertisement, (2) it refers to a specific product, or (3) it is motivated by an economic interest in selling the product."</p>
<p>Plaintiffs' voting recommendations are not commercial speech. The voting recommendations are not advertisements. Although commercial speech may not be "cabined to advertisements" as Defendant argues, advertisements are the quintessential commercial speech. The recommendations are not referencing a product. The recommendations are not offering a product for sale. The recommendations <em>are</em> the product. Also, although ISS and Glass Lewis offer their services for compensation, that transaction has already occurred before the voting recommendations are made. And the compensation is not for the specific vote, but for the service of providing voting recommendations. The fact that Plaintiffs are compensated for providing voting recommendations does not transform the voting recommendations into commercial speech&hellip;. "Commercial speech is speech that <em>proposes</em> a commercial transaction, not speech for profit. Therefore, merely receiving compensation for psychological services cannot be commercial speech." &hellip;</p></blockquote>
<p>Brian C. Fries and Carrie E. Josserand (Lathrop GPM, LLP) and Bruce D. Oakley, Dana A. Raphael, David M. Foster, Jessica L. Ellsworth, and Michael J. West (Hogan Lovells US LLP) represent plaintiff.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/26/kansas-proxy-advisory-transparency-act-likely-violates-first-amendment/">Kansas Proxy Advisory Transparency Act Likely Violates First Amendment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				From Buckley to Trump, Conservatism Has Endured an Ugly Slide			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/from-buckley-to-trump-conservatism-has-endured-an-ugly-slide/" />
		<id>https://reason.com/?p=8390353</id>
		<updated>2026-06-25T21:35:54Z</updated>
		<published>2026-06-26T11:30:25Z</published>
			<category scheme="https://reason.com/latest/" term="Conservatism" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Republican Party" />		<summary type="html"><![CDATA[Intellectual curiosity used to define the political right. Now, imbecility rules the day.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/from-buckley-to-trump-conservatism-has-endured-an-ugly-slide/">
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		<p style="font-weight: 400;">Politically active people my age fondly remember conservative intellectual <a href="https://www.pbs.org/wnet/americanmasters/william-f-buckley-jr-biography-and-career-timeline/32113/" data-saferedirecturl="https://www.google.com/url?q=https://www.pbs.org/wnet/americanmasters/william-f-buckley-jr-biography-and-career-timeline/32113/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw1CdvcmRlh2mhtd1gjodvGR">William F. Buckley</a> hosting the wildly popular TV show, "Firing Line," where he for years interviewed luminaries from across the political spectrum. He sparred with leftist Noam Chomsky about American imperialism, chatted with British Prime Minister Margaret Thatcher about the future of free markets, and talked to poet Allen Ginsberg about drugs and spirituality. Heady stuff.</p>
<p style="font-weight: 400;">These lofty <a href="https://histories.hoover.org/civil-discourse/" data-saferedirecturl="https://www.google.com/url?q=https://histories.hoover.org/civil-discourse/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw0m9aeXp2ekFi8MroHjoWjl">civil debates</a> went beyond politics and delved into psychology, art and literature. The show reflected an emerging conservative movement that was clever and optimistic, and which preferred to out-argue opponents rather than "own" them. That era's leading right-leaning commentators often criticized intellectuals, but not intelligence and expertise.</p>
<p style="font-weight: 400;">Which brings us to our current moment. We have an undreamed-of abundance of <a href="https://www.forbes.com/sites/tracybrower/2024/10/27/6-reasons-youre-overwhelmed-and-how-to-handle-information-overload/" data-saferedirecturl="https://www.google.com/url?q=https://www.forbes.com/sites/tracybrower/2024/10/27/6-reasons-youre-overwhelmed-and-how-to-handle-information-overload/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw3Ofgr3YgNykQTlr2Lm65ZH">information</a>—podcasts, social media, cable TV, talk radio, streaming and endless publications of every type. We can hear first-person utterances from our country's leaders. We have extensive access to governmental budgets, legal decisions, public meetings, federal rule-makings and legislation. We have everything we need to be the informed citizens our founders envisioned.</p>
<p style="font-weight: 400;">Yet these are the stupidest times. They also are illogical, bigoted, conspiratorial and tribal times. I enjoy reading posts from one thoughtful anti-MAGA conservative and a large percentage of rebuttal comments are of this variety: <a href="https://www.cnn.com/2025/09/29/business/x-platform-study-antisemitism" data-saferedirecturl="https://www.google.com/url?q=https://www.cnn.com/2025/09/29/business/x-platform-study-antisemitism&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw18_d8w4MdBO-a7B_y1AEr-">"You're a Jew."</a> There's no appetite for intellectual honesty or treating opponents with decency. It emanates from the highest levels, as the president unleashes daily tirades that show the reasoning skills of a buffoon. Official federal government accounts dish out invective adorned with cartoonish AI graphics that appeal to vulgar 14-year-olds.</p>
<p style="font-weight: 400;">Then there is the <a href="https://www.dictionary.com/browse/rat-a-tat-tat" data-saferedirecturl="https://www.google.com/url?q=https://www.dictionary.com/browse/rat-a-tat-tat&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw1fEZpYma31lp0UDwFmyPyD">rat-a-tat-tat</a> of daily events. It all seems unbelievable to those of us who grew up under a different ethos. Idiocy certainly isn't unique to this place and time, but I'm shocked by conservatives' widespread applauding of crudity and nastiness—especially given that democratic norms are the main bulwark against chaos. Americans apparently are so accustomed to the circus acts that they crave escalating levels of entertainment each day.</p>
<p style="font-weight: 400;">I'm randomly cherry-picking recent events, but you obviously can find endless examples. Last week right-wing supporters of former reality-TV villain Spencer Pratt, still struggling to explain his easily predictable Los Angeles mayoral loss in an overwhelmingly Democratic city, circulated news that 675 Pratt ballots were found in a dumpster in <a href="https://www.rawstory.com/maga-2677038011/" data-saferedirecturl="https://www.google.com/url?q=https://www.rawstory.com/maga-2677038011/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw2ztMYAMKqRAzgrPw_71fk1">San Recto.</a> There is no San Recto, but it nevertheless confirmed their view that the race was stolen. Whatever, as people moved on to other conspiracies.</p>
<p style="font-weight: 400;">Meanwhile in Washington, Donald Trump hosted a mixed-martial-arts fight on the White House lawn. It currently is a giant demolition site following the destruction of the East Wing to make room for a gaudy ballroom that will be adorned by tacky gold appliques a la the Oval Office. At the end of one cage match, a winning UFC fighter <a href="https://www.hollywoodreporter.com/tv/tv-news/ufc-fighter-josh-hokit-michelle-obama-man-white-house-1236621742/" data-saferedirecturl="https://www.google.com/url?q=https://www.hollywoodreporter.com/tv/tv-news/ufc-fighter-josh-hokit-michelle-obama-man-white-house-1236621742/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw0-T0IL5hvtnWznZODU7NAq">declared</a>, "Michelle Obama is a man. Am I right, America?" What a glorious celebration of the emperor's birthday.</p>
<p style="font-weight: 400;">Trump also renovated D.C's reflecting pool to make it American-flag blue, while praising himself as a master builder and dunking on Barack Obama (who last renovated it). The pool quickly turned green thanks to a massive algae bloom, but a Fox News host insisted it really is blue (regardless of our eyes). Taking a different tack, some MAGA influencers <a href="https://x.com/atensnut/status/2066192626865336618" data-saferedirecturl="https://www.google.com/url?q=https://x.com/atensnut/status/2066192626865336618&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw0OmvkMvFx5FTpWrqbgyrqG">argued</a> "the Left" sabotaged the pool.</p>
<p style="font-weight: 400;">And have you seen recent political videos? Campaign ads have never been fonts of fairness and intelligence, but the latest ones use <a href="https://www.wsj.com/politics/elections/ai-deepfakes-are-getting-weirder-and-harder-to-spot-in-the-midterms-88b4f7ad" data-saferedirecturl="https://www.google.com/url?q=https://www.wsj.com/politics/elections/ai-deepfakes-are-getting-weirder-and-harder-to-spot-in-the-midterms-88b4f7ad&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw1fJKexSqhcHUqVJXKitxxm">AI deep fakes</a> to depict Democrats as transgendered and show flabby GOP candidates with huge biceps. Conservatives no longer are interested in weighty ideas, but prefer to fight about bathrooms and call people names.</p>
<p style="font-weight: 400;">Now Trump, who has claimed dozens of times that a peace deal was near to end his inexplicable war in Iran, announced a <a href="https://www.pbs.org/newshour/politics/a-timeline-of-trumps-shifting-statements-about-how-long-the-iran-war-will-last" data-saferedirecturl="https://www.google.com/url?q=https://www.pbs.org/newshour/politics/a-timeline-of-trumps-shifting-statements-about-how-long-the-iran-war-will-last&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw2n2ciYW0DGVfJtAj39zVuI">victory</a> agreement that looks suspiciously like our total capitulation. One can chalk up examples of fighting spectacles to a once-serious nation's descent into frivolity, but what do you tell parents of the 175 girls killed by a U.S. missile attack on an Iranian school—a horrific <a href="https://www.nytimes.com/2026/06/16/us/politics/us-strike-iranian-school.html" data-saferedirecturl="https://www.google.com/url?q=https://www.nytimes.com/2026/06/16/us/politics/us-strike-iranian-school.html&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw17fcOjD90YxvAmVxDj2yC1">mistake</a> for which the administration has yet to accept responsibility?</p>
<p style="font-weight: 400;">It's understandably routine to joke that the 2006 comedy "Idiocracy" is a documentary. In that movie, the Army's most-average soldier, <a href="https://www.imdb.com/title/tt0387808/characters/nm0005561/?newac=true" data-saferedirecturl="https://www.google.com/url?q=https://www.imdb.com/title/tt0387808/characters/nm0005561/?newac%3Dtrue&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw10_8W7daKkvhXh7fjb8Ehu">Joe Bauers</a>, is inadvertently sent far forward in time to a nation run by inbred morons. He's suddenly the smartest man on Earth. (The movie's White House scenes look eerily similar to UFC antics.) But in "Idiocracy," President Camacho isn't malicious, just stupid. And, as a Facebook friend noted, he was smart enough to seek Bauers' advice to save society from starvation. These days, GOP leaders would listen to the guy who snorted cocaine off a <a href="https://www.fox.com/watch/clip/fmc-eji7qvjjgbyv88sy/rfk-jr-admits-to-snorting-cocaine-off-toilet-seats" data-saferedirecturl="https://www.google.com/url?q=https://www.fox.com/watch/clip/fmc-eji7qvjjgbyv88sy/rfk-jr-admits-to-snorting-cocaine-off-toilet-seats&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw2bxRm_FD--OSL7Wq-0Lnp8">toilet seat</a>.</p>
<p style="font-weight: 400;">Anyway, conservativism has traveled a <a href="https://reason.com/2020/12/25/can-conservatives-stop-their-movements-descent-into-madness/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2020/12/25/can-conservatives-stop-their-movements-descent-into-madness/&amp;source=gmail&amp;ust=1782493922176000&amp;usg=AOvVaw2i5g5QKWR_rsdEsiwgw1uW">long and dark road</a>. I'm just glad most of the "Firing Line" participants aren't alive to see it.</p>
<p style="font-weight: 400;"><em>This column was <a href="https://www.ocregister.com/2026/06/19/conservatisms-ugly-slide-from-intellectual-curiosity-to-imbecility/">first published</a> in The Orange County Register.</em></p>
<p>The post <a href="https://reason.com/2026/06/26/from-buckley-to-trump-conservatism-has-endured-an-ugly-slide/">From Buckley to Trump, Conservatism Has Endured an Ugly Slide</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: AdMedia / MEGA / Newscom/JGLIT/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[William F. Buckley and Donald Trump]]></media:description>
		<media:title><![CDATA[Buckley-Trump-6-25]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Don't Let the Country's Wet Blankets Ruin Independence Day			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/dont-let-the-countrys-wet-blankets-ruin-independence-day/" />
		<id>https://reason.com/?p=8390409</id>
		<updated>2026-06-25T20:02:30Z</updated>
		<published>2026-06-26T11:00:53Z</published>
			<category scheme="https://reason.com/latest/" term="Polls" /><category scheme="https://reason.com/latest/" term="4th of July" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="Individualism" /><category scheme="https://reason.com/latest/" term="Liberty" />		<summary type="html"><![CDATA[The country is battered, but it still offers freedom to live our lives.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/26/dont-let-the-countrys-wet-blankets-ruin-independence-day/">
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		<p>Leading up to our Independence Day party, my wife asked whether she should buy us T-shirts celebrating America's <a href="https://america250.org/">250th anniversary</a> or stick with what we already have. We went with our existing garments. When the red, white, and blue string lights are up and the Gadsden flag is flying out front, my son will don his free speech shirt, my wife will wear one with <em>USA</em> printed across it, and my shirt will show an image of George Washington crossing the Delaware and text reading: "Americans. Willing to cross a frozen river to kill you. In your sleep. On Christmas. Not kidding, we've done it."</p>
<p>It will be festive.</p>

<h1>National Gloom</h1>
<p>But not everybody shares our enthusiasm for celebrating the nation's birthday and the liberty at the core of its founding philosophy. Frankly, some folks are pretty glum about the whole thing. Angry at each other, disappointed with the government, and pessimistic about the future, too many of our friends and neighbors seem to have given up on the whole experiment—although there are signs of hope.</p>
<p>"Most people have told us they are dissatisfied with the way things are going in the United States and that they think the country's best days are behind us," Pew Research recently <a href="https://www.pewresearch.org/2026/06/12/on-the-countrys-250th-anniversary-the-american-people-are-in-a-sour-mood/">noted</a> of its polling over the past year. "And when asked to look ahead to 2050, upward of half of U.S. adults say they think the economy will be weaker, the U.S. will be less important in the world, the country will be more politically divided, and the American system of government will work worse than it does today."</p>
<p>Specifically, 29 percent of adults said they are satisfied with how things are going in the country, while 69 percent are dissatisfied<em>.</em> More Americans have voiced dissatisfaction than satisfaction for nearly 25 years.</p>
<p>On a similar note, Gallup <a href="https://news.gallup.com/poll/711293/american-dream-endures-approaches-250-years.aspx">finds</a> that less than half of us believe the American Dream (which a plurality associate with "freedoms or individual rights," followed by "financial security or homeownership") is still attainable: "Forty-six percent agree strongly (21%) or somewhat (25%) that everyone in the country has the opportunity to achieve the American Dream, down five percentage points from 2024. Meanwhile, 42% say they feel optimistic about the future of the Dream."</p>
<p>All that gloom has an effect on people's pride in country. According to an NBC News/Hart Research Associates/Public Opinion Strategies <a href="https://www.documentcloud.org/documents/28246606-260216-nbc-june-2026-poll-61426-release/">poll published this month</a>, 56 percent of respondents say they're "extremely" or "very" proud to be Americans. That sounds pretty good—it's a majority, after all—but it's down from 58 percent a year ago, 70 percent in 2019, 82 percent in 2009, and 87 percent in 2001.</p>
<p>Digging deeper, it's clear domestic disillusion and conflict play big roles in eroding national pride.</p>
<p>In 1990, 36 percent of respondents reported "a great deal" or "quite a bit" of confidence in the federal government, down to 28 percent in 2000, and hovering around 16–18 percent since 2010; 52 percent have "very little" confidence or none at all—a majority for the first time. Confidence in the high-tech industry is down from 54 percent in 2000 to 26 percent now. The news media held the confidence of 37 percent of Americans in 1991, down to 18 percent in 2011, and 11 percent now.</p>
<p>Tellingly, 44 percent of respondents say "most Americans have fundamentally different core values" rather than shared values coupled with disagreement over policies. Eighty percent believe more divides than unites Democrats and Republicans, with a similar division cited between those who are wealthy and those who are not. Fifty-five percent hold the same view of relations between people in cities and those in rural areas. Fifty-two percent see a similar gap between the young and the old.</p>
<p>We might all benefit from more autonomy over our lives and less meddling from others we see as alien.</p>
<h1>Democrats and Republicans Divide on Pride</h1>
<p>And yes, as with all things these days, this has a partisan component.</p>
<p>"While 62% of 2024 Trump voters say they are extremely proud to be Americans, 12% who picked Democrat Kamala Harris in 2024 said the same," <a href="https://www.nbcnews.com/politics/politics-news/poll-america-250-riven-doubt-pessimism-glimmers-hope-rcna348912">reports</a> NBC News of the survey. "The set of Americans most likely to express great pride is older, whiter, more male, more rural and less educated."</p>
<p>Democrats have especially soured on the country for years. According to Gallup polling, in 2001, over 80 percent of Democrats, Republicans, and independents said they were proud to be American. But that number started plunging for Democrats after 2013. Eighty-five percent of Democrats were proud of their nationality that year, down to 42 percent in 2020. The numbers blipped up above 50 percent while Democrat Joe Biden was in the White House, only to drop to 36 percent in the most recent survey with Republican Donald Trump holding the presidency.</p>
<p>Independents have seen a similar slide, though not fluctuating with White House occupancy and not as dramatic. In the most recent polling, 53 percent of independents said they were proud to be Americans.</p>
<p>Republicans remained over 80 percent throughout and now stand at 92 percent proud to be Americans.</p>
<h1>A Glimmer of Optimism</h1>
<p>The good news is that even if people see more division than unity when they consider their countrymen, we do generally share some values.</p>
<p>As mentioned above, Gallup <a href="https://news.gallup.com/poll/711293/american-dream-endures-approaches-250-years.aspx">finds</a> the most popular definition of "American Dream" to be "freedoms or individual rights." While fewer than half believe that dream is widely available, "nearly seven in 10 (69%) agree they will personally achieve the American Dream."</p>
<p>For respondents to the NBC News <a href="https://www.documentcloud.org/documents/28246606-260216-nbc-june-2026-poll-61426-release/">poll</a>, "freedom" ranked second, after "family," among values that respondents called most important in their own lives. Half of those surveyed (up from 46 percent in 1976) thought "our form of government, based on the Constitution, has stood the test of time and remains sound for the challenges ahead."</p>
<p>And Pew <a href="https://www.pewresearch.org/2026/06/12/on-the-countrys-250th-anniversary-the-american-people-are-in-a-sour-mood/">reported</a> that, while Americans foresee a diminished country in 2050, the ranks of pessimists have been shrinking: "There has been a 13 percentage point rise in the share of Americans who say the U.S. will be more important in the world by 2050. There also has been a 12-point increase in the share saying the country will be less politically divided and an 11-point rise in the share who expect the economy to grow stronger."</p>
<p>Sixty-eight percent say they're "hopeful" and 54 percent call themselves "happy" about the future.</p>
<p>Perhaps the people of a nation founded on liberty and individualism don't necessarily consider their personal fates to be entirely in the hands of a government they hold in low regard. The United States might fade, but they anticipate good prospects for themselves.</p>
<p>Honestly, that's good enough reason to celebrate America's 250th anniversary. This is a country founded on the idea that each person matters and has the right to guide his or her own life. We're not just extensions of the state and we can thrive even when politicians bumble.</p>
<p>So, don the clothing of your choice, patriotic or not, and celebrate Independence Day with some friends and neighbors. We may not all share the same values or even like each other very much. But we still live in the only country founded, however imperfectly, on the idea of liberty.</p>
<p>The post <a href="https://reason.com/2026/06/26/dont-let-the-countrys-wet-blankets-ruin-independence-day/">Don&#039;t Let the Country&#039;s Wet Blankets Ruin Independence Day</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Gregor Doerr/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[An American flag waves on a flagpole.]]></media:description>
		<media:title><![CDATA[american-flag-waving-flagpole]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: June 26, 2003, June 26, 2013, and June 26, 2015			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/today-in-supreme-court-history-june-26-2003-june-26-2013-and-june-26-2015-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8337001</id>
		<updated>2025-07-12T05:24:30Z</updated>
		<published>2026-06-26T11:00:36Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[6/26/2003: Justice Kennedy writes the majority opinion in Lawrence v. Texas. 6/26/2013: Justice Kennedy writes the majority opinion in U.S.&#8230;
The post Today in Supreme Court History: June 26, 2003, June 26, 2013, and June 26, 2015 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/today-in-supreme-court-history-june-26-2003-june-26-2013-and-june-26-2015-6/">
			<![CDATA[<p>6/26/2003: Justice Kennedy writes the majority opinion in <a href="https://conlaw.us/case/lawrence-v-texas-2003/">Lawrence v. Texas</a>.</p> <p>6/26/2013: Justice Kennedy writes the majority opinion in <a href="https://conlaw.us/case/united-states-v-windsor-2013/">U.S. v. Windsor</a>.</p> <p>6/26/2015: Justice Kennedy writes the majority opinion in <a href="https://conlaw.us/case/obergefell-v-hodges-2015/">Obergefell v. Hodges</a>.</p> <figure id="attachment_8030369" aria-describedby="caption-attachment-8030369" style="width: 236px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8030369" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/1988-kennedy-236x300.jpg" alt="" width="236" height="300" srcset="https://reason.com/wp-content/uploads/2019/10/1988-kennedy-236x300.jpg 236w, https://reason.com/wp-content/uploads/2019/10/1988-kennedy-768x976.jpg 768w, https://reason.com/wp-content/uploads/2019/10/1988-kennedy-806x1024.jpg 806w, https://reason.com/wp-content/uploads/2019/10/1988-kennedy.jpg 1200w" sizes="(max-width: 236px) 100vw, 236px" /><figcaption id="caption-attachment-8030369" class="wp-caption-text">Justice Anthony Kennedy</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/06/26/today-in-supreme-court-history-june-26-2003-june-26-2013-and-june-26-2015-6/">Today in Supreme Court History: June 26, 2003, June 26, 2013, and June 26, 2015</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Matt Welch</name>
							<uri>https://reason.com/people/matt-welch/</uri>
						<email>matt.welch@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Review: A Fresh-Eyed Tour Through Revolutionary America			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/my-american-revolution/" />
		<id>https://reason.com/?p=8382410</id>
		<updated>2026-06-22T12:32:54Z</updated>
		<published>2026-06-26T10:00:07Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="America 250" /><category scheme="https://reason.com/latest/" term="American Revolution" /><category scheme="https://reason.com/latest/" term="book" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" />		<summary type="html"><![CDATA[My American Revolution revisits the American Revolution through those that keep the revolutionary spirit alive.]]></summary>
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		<p>In his 2012 page-turner, <a href="https://www.amazon.com/exec/obidos/ASIN/1250037700/reasonmagazinea-20/"><em>My American Revolution: A Modern Expedition Through History's Forgotten Battlegrounds</em></a>, Robert Sullivan embarks on a journey that will be familiar to the 50-something male of the species, noticing with fresh eyes the historical stuff in his immediate surroundings, steadily expanding the scope and intensity of his search, and ending up in a state so obsessive that he's sending mirrored sun signals to his blasé teenaged daughter in Brooklyn from George Washington's winter headquarters in Morristown, New Jersey.</p>
<p>Sullivan surfaces some of the flame keepers all around us: the historical reenactors, but also the motley crew that pays annual homage to the mostly forgotten 11,500-plus Americans killed by Brits on prison ships in the East River, a delightfully deranged artist recreating and illegally launching Benjamin Franklin's attempted revolutionary submarine, and some pals he dragoons for his own futile attempt to retrace Washington's inaugural flotilla.</p>
<p>Along the way there are low-key ruminations on the randomness of historical memory (why don't we universally recognize Washington's magical Battle of Brooklyn retreat as America's Dunkirk?), intriguing documentation of extreme weather (the Hard Winter of 1779–80, Sullivan persuasively argues, was the coldest in recorded North American history), and, above all, a constant motivational whisper that it's never too late, never too embarrassing, to begin seeing and asking naive questions about the inspiring American history surrounding us.</p>
<p>The post <a href="https://reason.com/2026/06/26/my-american-revolution/">Review: A Fresh-Eyed Tour Through Revolutionary America</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Picador]]></media:credit>
		<media:description type="html"><![CDATA[George Washington wearing star-shaped glasses]]></media:description>
		<media:title><![CDATA[minismyamericanrevolution]]></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: A Shocking Abuse of Power			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/26/brickbat-a-shocking-abuse-of-power/" />
		<id>https://reason.com/?p=8389683</id>
		<updated>2026-06-24T15:03:01Z</updated>
		<published>2026-06-26T08:00:50Z</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="Tasers" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Georgia" />		<summary type="html"><![CDATA[A federal judge sentenced former Hapeville, Georgia, police officer Shevoy Brown to three years and one month in federal prison,&#8230;
The post Brickbat: A Shocking Abuse of Power appeared first on Reason.com.
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										alt="Shevoy Brown&#039;s mug shot | Illustration: Fulton County Sherifs Office/Carlballou/Dreamstime"
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		<p>A federal judge <a href="https://www.justice.gov/usao-ndga/pr/former-hapeville-police-officer-sentenced-federal-prison-tasing-handcuffed-detainee">sentenced</a> former Hapeville, Georgia, police officer Shevoy Brown to three years and one month in federal prison, followed by two years of supervised release, after a jury found him guilty of using excessive force against a handcuffed detainee and trying to cover it up. In June 2024, officers arrested a man for trespassing and handcuffed him to a bench in the jail's holding cell. Even though the suspect posed no threat, prosecutors say Brown entered the holding cell and shocked him with a Taser at least six times, including in the genitals, causing injuries that required medical treatment, and only stopped when another officer got involved. Brown then falsely claimed in an incident report that the detainee was being disruptive, and that he used the Taser only twice.</p>
<p>The post <a href="https://reason.com/2026/06/26/brickbat-a-shocking-abuse-of-power/">Brickbat: A Shocking Abuse of Power</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Fulton County Sherifs Office/Carlballou/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Shevoy Brown's mug shot]]></media:description>
		<media:title><![CDATA[Shevoy Brown]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Shevoy-Brown-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/26/open-thread-247/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390348</id>
		<updated>2026-06-26T07:00:00Z</updated>
		<published>2026-06-26T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/26/open-thread-247/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/06/26/open-thread-247/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Stephen Halbrook</name>
							<uri>https://reason.com/people/stephen-halbrook3/</uri>
					</author>
					<title type="html"><![CDATA[
				Second Amendment Roundup: Supreme Court Decides Wolford			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/second-amendment-roundup-supreme-court-decides-wolford/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390464</id>
		<updated>2026-06-26T02:01:41Z</updated>
		<published>2026-06-26T02:01:41Z</published>
					<summary type="html"><![CDATA[Aloha to Hawaii’s Vampire Rule on private property open to the public.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/second-amendment-roundup-supreme-court-decides-wolford/">
			<![CDATA[<p>On June 25, the Supreme Court <a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf">decided</a> <em>Wolford v. Lopez</em>, holding 6-3 that Hawaii may not "prohibit licensed concealed-carry permit holders from carrying handguns on private property open to the public unless the property owner gives express permission."  Justice Alito delivered the opinion of the Court, joined by Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett.  Justice Kagan dissented, as did Justice Jackson, joined by Justice Sotomayor.</p>
<p>The Court calls out both lower courts and states that have resisted its Second Amendment jurisprudence.  In the dozen years between <em>McDonald</em> and <em>Bruen</em>, "lower courts rejected nearly all Second Amendment claims based on reasoning that resembled that in Justice Breyer's <em>Heller </em>dissent."  "After <em>Bruen</em>, Hawaii and four of the other five States called out by our decision adopted a new method of restricting law-abiding citizens from carrying firearms for self-defense by flipping the default rule on private property open to the public."  They enacted what has become known as the "Vampire Rule," under which guns are banned on private property open to the public unless a "Guns Welcome" sign is posted or other affirmative consent is given.  As to such signage: "Some proprietors who do not themselves object to entry by carry-permit holders may be reluctant to post a sign welcoming such individuals for fear of alienating other customers."</p>
<p>The same states also enacted "sensitive place" bans in public parks, assemblies, and certain establishments.  As <em>Wolford</em> notes about Hawaii, "On a large portion of the land within the State's boundaries, possession of a firearm is now flatly prohibited."  While these absolute bans have been challenged, the Court's comments do not bode well for them should they reach the Court. (On the Second Circuit's false historical narrative in <em>Antonyuk</em> upholding New York's place bans, see my exposé <a href="https://reason.com/volokh/2026/05/05/second-amendment-roundup-how-a-fake-citation-misled-courts-to-uphold-sensitive-place-gun-bans/">here</a>.)</p>
<p>To consider the overwhelming impact of Hawaii's Vampire Rule, the Court lists places that people routinely visit on a daily basis where they cannot be armed, such as gas stations, convenience stores, restaurants, coffee shops, drug stores, grocery stores, "big box" stores, home improvement stores, barber shops or hair salons, dry cleaners, and laundromats.  A day in the life of a hypothetical Ms. Caetano (based on Justice Alito's concurrence in <a href="https://www.law.cornell.edu/supremecourt/text/14-10078"><em>Caetano</em></a>) is traced to show the impossibility of asking for actual consent to enter one place after another when armed – the person is already in violation when in the parking lot and when looking for someone with authority to give consent.</p>
<p>At the jurisprudential level, <em>Wolford</em> starkly clarifies the methodology of text first and history second, which are often flipped to uphold infringements.  In determining whether a law clashes with the plain text, three questions arise:</p>
<p style="padding-left: 40px">First, does the law apply to "the people"—which is to say, to "all members of the political community"? &hellip;. Second, does it concern any form of "Arms," i.e., any weapon customarily used for offensive or defensive purposes? &hellip; Third, does the law place any restrictions on either the "keep[ing]" (i.e., possession) or the "bear[ing]" (i.e., carrying) of arms?</p>
<p>Regarding "the people," in the Court's recent decision in <em>Hemani</em>, the Court referred to "the right of 'all Americans' to keep and bear firearms for self-defense."  Curiously, the summary of prior precedents in <em>Wolford</em> does not mention <em>Hemani</em>.  Maybe that's of no significance, as <em>Hemani</em> tested purported historical analogues as applied to the ban on firearm possession by pot users (see my post <a href="https://reason.com/volokh/2026/06/18/second-amendment-roundup-gun-ban-for-pot-users-unconstitutional/">here</a>) without introducing any new doctrines.  It has also been suggested that <em>Wolford</em> was finalized before<em> Hemani</em> but simply not handed down before it.</p>
<p>Arms "customarily used" for offense or defense, the Court elsewhere noted, "refers to implements used for offense or defense," such as handguns that are (quoting <em>Heller</em>) "overwhelmingly chosen by American society" for self-defense.  Perhaps next Term the Court will grant cert in a case that will confirm how the American people customarily and overwhelmingly choose semiautomatic rifles for self-defense.</p>
<p>Given that Hawaii banned activity that is clearly within the text – "the people" are "bearing arms" – the burden is on the state to justify it by historical tradition.  That entails consideration of the number of jurisdictions that adopted analogous laws, the extent to which they were well-accepted (such as being judicially upheld or being "open, widespread, and unchallenged"), and whether the analogues are "relevantly similar" to the modern law.  That last factor entails "how" and "why" the analogue restricted the right.</p>
<p>For analogues, Hawaii "recounts its long history of antipathy to the private possession of firearms. It tells us that one of the very first written laws of the Kingdom of Hawaii, issued in 1833 by King Kamehameha III, prohibited the possession of all deadly weapons."  That fell flat with the Court, as "the Second Amendment has the same meaning in all parts of the United States&hellip;. It cannot give way to 'the spirit of Aloha' in Hawaii [citing <a href="https://law.justia.com/cases/hawaii/supreme-court/2024/scap-22-0000561.html"><em>State v. Wilson</em></a> (Haw. 2024)], any more than it can yield to the spirit of the Big Apple (<em>Bruen</em>) or the Windy City (<em>McDonald</em>)."</p>
<p>But most of Hawaii's analogues were colonial or founding laws that prohibited unauthorized hunting of deer or small game on someone else's private property, which flunked both the "how" and "why" tests.  They are not "relevantly similar" to Hawaii's law because prohibiting unauthorized hunting on private land has no relation to banning the carrying of a handgun for self-defense at a gas station or other private property open to the public without express consent.</p>
<p>But "the State's most remarkable analogue" is the 1865 Louisiana statute that made it unlawful "for any person or persons to carry fire-arms on the premises or plantations of any citizen, without the consent of the owner or proprietor&hellip;."  Not only was that law "neither widespread nor widely accepted," it was "part of Louisiana's Black Code" that "provided a tool for disarming blacks and thus leaving them defenseless against attacks."  "Unless we put history entirely out of our minds, Hawaii's claim that this tainted artifact illuminates the original understanding of the right to keep and bear arms cannot be taken seriously."  (For more details, see my <a href="https://reason.com/volokh/2025/11/21/second-amendment-roundup-in-wolford-hawaii-relies-on-the-black-codes/">amicus brief</a> for the National African American Gun Ass'n.)</p>
<p>Justice Barrett, joined in part by Justice Thomas and Justice Gorsuch, doubled down on the discrepancy between the purported analogues and Hawaii's law, which "does not target any particular abuse of firearms at all. Rather than identifying a specific threat to public peace and safety, Hawaii admits that it enacted the rule because many of its citizens oppose the public carry of guns."  However, "Mere disapproval of protected conduct is not a valid reason to severely restrict it."</p>
<p>Justice Kagan's brief dissent simply asserts that the historical laws cited by Hawaii sufficed as proper analogues, which "is enough for me to resolve this case, without addressing <em>Bruen</em>'s step-one inquiry or the use at step two of Louisiana's Black Code."  Good way to avoid two of the case's sticking points.</p>
<p>Finally, Justice Jackson, with whom Justice Sotomayor joins, dissenting, reminds us once again that, "For what it is worth, I think <em>Bruen </em>was wrongly decided."  As to the analogues, Louisiana's 1865 law and the other Black Code provisions violated the antidiscrimination portion of the Fourteenth Amendment (although the words "equal protection" don't appear in her dissent), but did not violate the Second Amendment.</p>
<p>In so arguing, Justice Jackson quotes General Sickles' 1866 order rescinding South Carolia's Black Code where he stated, "The constitutional rights of all loyal and well-disposed inhabitants to bear arms will not be infringed."  She adds that "in his view, no person (of any race) had the right to carry a firearm onto private land without consent."  But Sickles actually said that the right to bear arms "did not "authorize any person to enter with arms on the premises of another<em> against his consent</em>."  That expressed the traditional common-law rule that <em>Wolford</em> upholds, namely that private property open to the public implies a license to enter, absent notice otherwise.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/second-amendment-roundup-supreme-court-decides-wolford/">Second Amendment Roundup: Supreme Court Decides Wolford</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[
				The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/the-supreme-courts-badly-flawed-ruling-in-the-haiti-tps-case/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390458</id>
		<updated>2026-06-26T00:42:17Z</updated>
		<published>2026-06-26T00:42:17Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Haiti" /><category scheme="https://reason.com/latest/" term="Major Questions Doctrine" /><category scheme="https://reason.com/latest/" term="Nondelegation" /><category scheme="https://reason.com/latest/" term="Race Discrimination" />		<summary type="html"><![CDATA[Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/the-supreme-courts-badly-flawed-ruling-in-the-haiti-tps-case/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8173496"><img decoding="async" class="alignnone size-medium wp-image-8173496" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2022/03/TPS-300x136.jpg" alt="" width="300" height="136" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2022/03/TPS-300x136.jpg 300w, https://reason.com/wp-content/uploads/2022/03/TPS-1024x463.jpg 1024w, https://reason.com/wp-content/uploads/2022/03/TPS-768x347.jpg 768w, https://reason.com/wp-content/uploads/2022/03/TPS.jpg 1450w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>NA</figcaption></figure> <p>In my last post, I explained why today's Supreme Court Second Amendment ruling was right. In this one, I explain why its decision in <a href="https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf"><em>Mullin v. Doe</em></a>, the Haitian Temporary Protected Status case, is badly wrong. This case involves a challenge to the Trump Administration's decision to terminate Temporary Protected Status (TPS) for hundreds of thousands of Haitian and Syrian migrants in the US. TPS status protects from deportation migrants who entered the US from countries where conditions such as war, violence, or natural disaster make it dangerous for them to return home.</p> <p>The Haitian and Syrian plaintiffs argued (and lower courts agreed) that the Trump administration violated various procedural requirements in terminating their status. The Haitians also contended (correctly, as well shall see) that the withdrawal of TPS status in their case was motivated by racial and ethnic bigotry, and thus a violation of the Constitution for that reason.</p> <p>The constitutional question here is somewhat similar to that in <a href="https://www.supremecourt.gov/opinions/17pdf/17-965_h315.pdf"><em>Trump v. Hawaii</em></a> (2018), where the Court upheld Trump's first-term travel ban barring residents of Muslim-majority nations, despite extensive evidence Trump was motivated by anti-Muslim prejudice and discrimination. But, in that case, the Court ruled that a much lower standard of review applied than would normally be the case, because the context was a policy excluding non-citizens from entering the United States (in previous writings, I have explained why the Court was wrong to apply such a low standard; see <a href="https://www.vox.com/the-big-idea/2018/6/27/17509248/travel-ban-religious-discrimination-christian-muslim-double-standard">here</a> and <a href="https://www.usatoday.com/story/opinion/2018/06/26/supreme-court-ruling-travel-ban-ignores-religious-discrimination-column/734697002/">here</a>).</p> <p>In this instance, the majority did not address the issue of whether a lower standard of review applies to withdrawal of legal status from migrants already in the US. Instead, Justice Alito's majority opinion concludes the plaintiffs should lose even under normal standards applicable to facially neutral laws and regulations that may have been enacted for unconstitutional discriminatory reasons. This conclusion is badly wrong.</p> <p>Evidence of anti-Haitian bigotry motivating Trump and other officials involved in the decision is overwhelming. Justice Elena Kagan summarizes some of it in her dissent:</p> <blockquote><p>[T]he Haiti plaintiffs have carried their burden. The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print&hellip;.</p> <p>So here are some of those statements. Haitians are "eating the dogs . . . . They're eating the cats. They're eating—they're eating the pets of the people that live [in Springfield, Ohio]." 2 App. 802; see id., at 644. And: Haitians are also eating "other things too that they're not supposed to be." Id., at 698–699. And: Haitians in the United States "probably have AIDS." Id., at 698. And: Haiti is a "shithole country," which is "filthy, dirty, [and] disgusting." Id., at 698–699. And: Haitian immigration is "like a death wish for our country." Id., at 698. And: Haitians, along with some others, are "poisoning the blood" of our country. Id., at 698. And: "Why is it we only take people from shithole countries" like "Haiti [and] Somalia"? "Why cannot we have some people from Norway [and] Sweden?" Id., at 699. The majority briefly replies that those remarks are not "overtly racial," ante, at 21, but it is hard to know what that means. Haitians are Black. (Norwegians and Swedes not so much.) The references—of filth, disease, and primitiveness—are shot through with racial stereotypes and tropes.</p></blockquote> <p>I would add that even if these statements evidence ethnic rather than racial prejudice, the same result follows. Ethnic discrimination is unconstitutional for much the same reason as the racial kind. For example, it is unconstitutional for the government to discriminate against Hispanics, Jews, or Irish, even though these are ethnic rather than racial categories.</p> <p>Under the <em>Arlington Heights </em>test, which Kagan and the majority both apply, once there is evidence that racial or ethnic prejudice motivated the policy in question, the burden of proof shifts to to government, requiring them to prove they would have adopted the same policy even aside from the these unconstitutional motives. Here, such proof will be difficult to come by, because the evidence is overwhelming that <a href="https://www.cfr.org/global-conflict-tracker/conflict/instability-haiti?gad_source=1&amp;gad_campaignid=23819513442&amp;gclid=Cj0KCQjwo_PRBhDNARIsAEcVALUrVEmZdY2ogxpeUl1wLLsN6MaEUtBaRkYgMV8bky-JH3zjDlsluMIaAj9WEALw_wcB">Haiti continues to be wracked by violence</a>, thus making it unsafe for migrants to return there. Thus, there is no good reason to conclude things have actually changed there in a way that makes the TPS designation no longer necessary.</p> <p>Justice Alito acknowledges that "[p]olitical discourse by prominent public figures is increasingly couched in terms that would have scandalized the public just a short time ago, and the statements cited by <em>Miot</em> respondents—especially those concerning Haiti and Haitian immigrants to this country—exemplify this development." But he nonetheless claims that there is  "a strong, race-neutral explanation of these officials' statements: the<br /> present administration's general stance on immigration" and its general opposition to the use of the TPS program.</p> <p>The problem here is that this "general stance" is itself heavily infected with racial and ethnic bigotry. Trump and other high-ranking officials have repeatedly engaged in racial and ethnic discrimination in their immigration policies, for example in<a href="https://reason.com/volokh/2025/11/15/trumps-racially-discriminatory-refugee-policy/"> limiting refugee admissions almost exclusively to white South Africans</a> (an absurd decision that <a href="https://reason.com/volokh/2025/11/15/trumps-racially-discriminatory-refugee-policy/">has no plausible non-racial explanation</a>), and in promoting <a href="https://reason.com/volokh/2025/09/08/supreme-court-issues-dubious-shadow-docket-ruling-staying-injunction-against-racial-profiling-in-immigration-enforcement/">massive racial profiling in immigration enforcement</a>. And it is notable that the President himself repeatedly condemns migrants based on their ethnic and cultural groups. Thus, the "general stance" actually accentuates rather than mitigates suspicions that the Haiti decision was based on discriminatory motives. At the very least, the Court should have recognized there is more than enough evidence to shift the burden of proof to the government.</p> <p>On the statutory question, the majority relies on a provision of the TPS statute stating that "[t]here is no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of<br /> a foreign state under this subsection." The majority claims this means there can be no judicial review of any statutory issue here, at all. Justice Kagan's dissent argues that "determination" only covers factual conclusions about the need for TPS status or lack thereof, but not procedural requirements. The latter, she contends, are not really "determinations."</p> <p>I am not entirely sure who is right on this point, and will not go into this debate in detail. But I will note that, at the very least, both sides have plausible arguments. Under the majority's approach, the executive would have totally unconstrained power to grant or withdraw TPS status to migrants from any country in the world, completely without limit - potentially tens or even hundreds of millions of people! That triggers the major questions doctrine (MQD), which <a href="https://supreme.justia.com/cases/federal/us/573/302/">requires Congress</a> to "speak clearly" when authorizing the executive to make "decisions of vast economic and political significance." The unlimited power to grant and withdraw TPS status to millions of people is obviously  of "vast economic and political significance." And here, it is at the very least not completely clear whether the statute actually does that. Thus, MQD required the Court to rule that there are at least some constraints on the power in question.</p> <p>If the statute really does give the president such unlimited powers, that raises constitutional nondelegation problems. There are at least some constitutional limits to Congress' power to delegate its authority to the president. And if there are any meaningful limits at all, unconstrained power to grant or deny residency and work rights to migrants from anywhere in the world surely breaches those limits. Elsewhere, I have <a href="https://verfassungsblog.de/nondelegation-travel-ban/">explained why</a> nondelegation principles apply in the immigration context, in part because the Supreme Court has ruled that immigration restriction is a congressional power.</p> <p>At the very least, the Trump administrations' interpretation of the law raises serious constitutional problems. And that should have triggered <a href="https://www.congress.gov/crs-product/LSB10722">the constitutional avoidance canon</a>, which requires courts to interpret federal statutes in ways that avoid constitutional problems whenever it is "fairly possible" to do so.</p> <p>As far as I can tell, the plaintiffs in the case did not raise major questions and nondelegation issues, though maybe the courts should have addressed them of their own accord (as they do bear on the statutory interpretation issues the plaintiffs did raise). Perhaps they can be addressed in a future case.</p> <p>The practical implications of today's ruling are dire. Hundreds of thousands of Haitians and others are now subject to deportation. This will predictably cause grave harm to migrants forced to return to horrendous conditions in Haiti, Syria, and elsewhere. It will also harm many US citizens, who can no longer benefit from these migrants' important contributions to key sectors of the economy. For example, <a href="https://www.theguardian.com/us-news/2026/jun/23/trump-crackdown-tps-immigration">thousands of TPS holders (perhaps about 50,000) work as health care providers, and their expulsion is likely to harm patients and residents of elder-care facilities</a>.</p> <p>For supporters of expanded immigration rights, there is this silver lining to the Court's statutory ruling: under the approach adopted by the majority, future presidents will have virtually unlimited authority to grant TPS status to any and all migrants - totally unconstrained by either procedural or substantive rules.</p> <p>In a solo concurring opinion Justice Clarence Thomas argues that the Equal Protection Clause of the Fourteenth Amendment only applies to state governments, and thus its protections against racial discrimination don't apply to federal government actions. He further argues that protections against racial discrimination generally do not apply to immigration policy. These points have radical implications that go far beyond the present case. Among other things, they would give the federal government a blank check to engage in racial and ethnic discrimination in immigration policy, and even beyond it. Thomas claims that federal racial discrimination against US citizens is still barred by the Citizenship Clause of the Fourteenth Amendment. But the dominant view at the time the amendment was enacted was that a wide range of racially discriminatory policies were still permissible, even as to citizens. That's one of the reasons why the Fourteenth Amendment had to be adopted in the first place.  Merely granting citizenship was not enough to protect Blacks (or any minority group) against racial and ethnic discrimination.</p> <p>Sometimes, when Thomas advocates unorthodox ideas unsupported by other justices, he makes excellent points, as with his positions on a number of federalism and property rights issues. Other times, not so much. This is one of the latter cases. If time allows, I may have more to say about Thomas's opinion later.</p> <p>In sum, this is a bad decision that is likely to have bad real-world effects, at least in the short run. In the long run, some of the effects might cut the opposite way - giving more pro-immigration administrations an opportunity to grant TPS  status without any limitations. But that possibility doesn't justify what the Court has done.</p><p>The post <a href="https://reason.com/volokh/2026/06/25/the-supreme-courts-badly-flawed-ruling-in-the-haiti-tps-case/">The Supreme Court&#039;s Badly Flawed Ruling in the Haiti TPS Case</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[TPS]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Reflecting Pool Debacle Is a Shorthand for Trump's Failing Second Term			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/reflecting-pool-debacle-is-a-shorthand-for-trumps-failing-second-term/" />
		<id>https://reason.com/?p=8390354</id>
		<updated>2026-06-25T21:01:45Z</updated>
		<published>2026-06-25T21:30:33Z</published>
			<category scheme="https://reason.com/latest/" term="Inflation" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Joe Biden" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Republican Party" />		<summary type="html"><![CDATA[The president is forcing his biggest supporters to choke down his incompetence and delusions like so much algae.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/reflecting-pool-debacle-is-a-shorthand-for-trumps-failing-second-term/">
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		<p>There's no question that the debacle surrounding President Donald Trump's rehabbing of the Lincoln Memorial Reflecting Pool doesn't rise to the level of, say, <a href="https://reason.com/2026/03/05/yes-the-iran-war-is-a-war-of-choice-and-a-bad-one/">his choice</a> to wage war with Iran, his dumb and <a href="https://reason.com/2026/02/23/trumps-new-tariffs-are-probably-illegal-too/">legally challenged</a> imposition of tariffs, or his insistence on <a href="https://reason.com/2025/12/02/republican-socialism/">socializing businesses</a>.</p>
<p>But it's equally true that this fetid little episode, not yet fully resolved, provides a shorthand of everything cloudy and foul-smelling about his <a href="https://reason.com/2026/01/12/trump-2-0-year-1-a-libertarian-nightmare/">so-far terrible second term</a>, especially his unwillingness to own his failures (such as admitting <a href="https://reason.com/volokh/2022/07/15/conservative-legal-luminaries-release-report-entitled-lost-not-stolen-the-conservative-case-that-trump-lost-and-biden-won-the-2020-presidential-election/">he lost the 2020 election</a>). Jimmy Carter fought <a href="https://en.wikipedia.org/wiki/Jimmy_Carter_rabbit_incident">killer rabbits</a>. Gerald Ford <a href="https://www.nytimes.com/1975/06/02/archives/ford-falls-but-is-unhurt-ford-falls-but-is-unhurt.html">fell down staircases</a>. And George H.W. Bush <a href="https://www.history.com/this-day-in-history/january-8/george-bush-vomits-on-prime-minister-of-japan">puked on foreign dignitaries</a>. Trump is now fighting an algae bloom in such a way that he is becoming a laughingstock.</p>
<p>"You won't be seeing this Biden filth and incompetence much longer!," <a href="https://truthsocial.com/@realDonaldTrump/posts/115617052659110736">he declared triumphantly</a> last fall on Truth Social when announcing plans for the job. It was supposed to cost <a href="https://www.cbsnews.com/news/trump-dc-reflecting-pool-renovation-white-house-ballroom-triumphal-arch/">just $1.5 million</a>. This April, <a href="https://www.nytimes.com/2026/04/23/us/politics/trump-reflecting-pool-renovation.html">he bragged</a> endlessly about his expertise in swimming pools, telling the media, "I've probably built more than 100 swimming pools&hellip;.There'll be no leaks; there'll be no anything&hellip;.It'll look gorgeous, beautiful." <a href="https://www.yahoo.com/news/politics/articles/trump-whips-wild-poster-celebrate-211126446.html">On June 3</a>, he unveiled a bizarre, decidedly Freudian graphic comparing the length of the reflecting pool (2,030 feet) to the heights of the Empire State Building, the Sears Tower, and One World Trade Center. The chart was titled "Our Pool Is Bigger than Skyscrapers."</p>
<p>However long the pool is, by the time the repairs were done, the Department of the Interior had signed two no-bid contracts worth over $16 million, or more than 10 times the initial estimate. Yet shortly after the work was completed and the pool refilled, the water was skunkified by an algae bloom, and the waterproofing, done in the president's handpicked hue of "American Flag Blue," started peeling up. On June 18, ABC News' Jonathan Karl reported on both the sickeningly green water and the sad state of the waterproofing.</p>
<p><iframe loading="lazy" title="New paint appears to be peeling from Lincoln Memorial Reflecting Pool" width="422" height="750" src="https://www.youtube.com/embed/bXoJzx8oK6A?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>Earlier this week, the president took to Truth Social <a href="https://truthsocial.com/@realDonaldTrump/posts/116796512818935902%5C">to denounce</a> "ABC FAKE NEWS" for failing "to report that their close 'friends,' Dumocrats [sic] Obama and Biden, spent over 100 Million Dollars on the Reflecting Pool, and it never worked." He continued, "We are preparing lawsuits against ABC for false reporting. I like their money, which will be given to the U.S. Treasury! Thank you for your attention to this matter. President DJT."</p>
<p>According to <a href="https://www.cbsnews.com/video/trump-alleges-vandals-are-responsible-for-ongoing-problems-at-reflecting-pool/?utm_source=chatgpt.com">CBS News</a>, "President Trump is alleging, without proof, that vandals are to blame for recent issues at the Reflecting Pool in D.C. and says several people have been arrested." Five people have been arrested and five issued citations <a href="https://www.cbsnews.com/news/trump-dc-reflecting-pool-renovation-white-house-ballroom-triumphal-arch/">in connection with the reflecting pool,</a> but it's not clear if and when those cases will be adjudicated. The U.S. Park Police has <a href="https://www.pbs.org/newshour/politics/reflecting-pool-liner-was-cut-with-a-sharp-knife-or-razor-national-park-service-says">posted footage</a> of what it says are vandals and is asking for help in identifying possible suspects. Oddly, the president himself <a href="https://x.com/BulwarkOnline/status/2069178160847962311">swore to the press</a> on May 22 that the material used to line the reflecting pool was so strong that "if you had a knife, you can't even cut it."</p>
<p>However any of this plays out, the president seems to be slumping with the public. His original much-ballyhooed Freedom 250 concert series and Great American State Fair was reorganized after eight of nine musical acts dropped out, though Trump tried to spin that as a victory, <a href="https://variety.com/2026/music/news/trump-cancels-freedom-250-concerts-rally-lee-greenwood-1236767406/">saying</a>, "We don't want singers with no talent, but big fees to put you to sleep — we've told them all to stay home&hellip;All we want is you, me, a few speakers, and the Greatest Music ever played, the same Music you have listened to for years! We will have the fabulous Lee Greenwood introducing me with what has turned out to be one of the Greatest Hits of All Time, 'GOD BLESS THE U.S.A.'" The 16-day event started Wednesday night, with <a href="https://www.nbcnews.com/politics/donald-trump/trump-great-american-state-fair-musicians-rcna351579">Trump averring</a>, "A short time ago we were a dead country. We were dead. Now we're the hottest country anywhere in the world. We're respected by everybody. Nobody's laughing at us anymore."</p>
<p>Well, <a href="https://x.com/search?q=trump%20reflecting%20pool&amp;src=typed_query">maybe and maybe not</a>. Per RealClearPolitics <a href="https://www.realclearpolling.com/polls/approval/donald-trump/approval-rating">polling averages</a>, Trump took office in January 2025 with a 50.5 percent approval rating. By March of that year, he was underwater, and his approval rating currently stands at 40.5 percent. Last month, inflation was 4.1 percent compared to the previous year, "<a href="https://apnews.com/article/inflation-federal-reserve-spending-d9348cc01b41c8de31051acf1b39268f">the largest annual increase since April 2023</a>."</p>
<p>Trump loyalists will stand by their man, of course, and choke down his version of events, whether we're talking about the terms of peace with Iran, inflation, the 2020 election, or the Lincoln Memorial Reflecting Pool. But eventually reality catches up to everyone, even Donald Trump.</p>
<p>The post <a href="https://reason.com/2026/06/25/reflecting-pool-debacle-is-a-shorthand-for-trumps-failing-second-term/">Reflecting Pool Debacle Is a Shorthand for Trump&#039;s Failing Second Term</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Midjourney ]]></media:credit>
		<media:description type="html"><![CDATA[The Lincoln Reflecting Pool, with Donald Trump's face in the background]]></media:description>
		<media:title><![CDATA[donald-trump-reflecting-pool-faillure-v2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/donald-trump-reflecting-pool-faillure-v2-1200x675.jpg" width="1200" height="675" />
	</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[
				Guns, Property Rights, and the Second Amendment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/guns-property-rights-and-the-second-amendment/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390425</id>
		<updated>2026-06-25T21:35:13Z</updated>
		<published>2026-06-25T21:17:23Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Takings" /><category scheme="https://reason.com/latest/" term="Fifth Amendment" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Samuel Alito" /><category scheme="https://reason.com/latest/" term="Second Amendment" />		<summary type="html"><![CDATA[The government cannot force private property owners to allow guns on their land. But the Supreme Court rightly ruled today that it also cannot impose a presumption of exclusion.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/guns-property-rights-and-the-second-amendment/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8319617"><img decoding="async" class="alignnone size-medium wp-image-8319617" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/03/dreamstime_m_8714568-300x200.jpg" alt="Two identical semiautomatic pistols, laid across one another." width="300" height="200" data-credit="Kbiros | Dreamstime.com" srcset="https://reason.com/wp-content/uploads/2025/03/dreamstime_m_8714568-300x200.jpg 300w, https://reason.com/wp-content/uploads/2025/03/dreamstime_m_8714568-1024x683.jpg 1024w, https://reason.com/wp-content/uploads/2025/03/dreamstime_m_8714568-768x512.jpg 768w, https://reason.com/wp-content/uploads/2025/03/dreamstime_m_8714568-1536x1024.jpg 1536w, https://reason.com/wp-content/uploads/2025/03/dreamstime_m_8714568-2048x1365.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Kbiros | Dreamstime.com</figcaption></figure> <p>I am one of the few people who believe the Supreme Court was very right in its Second Amendment ruling today, in <a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf"><em>Wolford v. Lopez</em></a>, but badly wrong in its ruling allowing abolition of TPS status for Haitian migrants in <a href="https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf"><em>Mullin v. Doe</em></a>. Both majority opinions were written by Justice Alito; but he did a way better job in one than in the other. In this post, I assess <em>Wolford</em>. I will try to cover <em>Mullin v. Doe</em> later.</p> <p>In <em>Wolford</em>, the Court struck down a Hawaii law that barred people carrying guns from entering private property "held open to the public" unless they had specific permission from the owner. In a 6-3 decision divided along ideological lines, the Court held the law violates the Second Amendment right to keep and bear arms. The conclusion is right.</p> <p>Elsewhere, I have argued that red-state laws requiring property owners to allow guns on their land violate the Takings Clause of the Fifth Amendment (see <a href="https://www.washingtonpost.com/outlook/2022/04/25/gun-at-work-second-amendment/">here</a> and <a href="https://firearmslaw.duke.edu/2022/04/gun-rights-property-rights-and-takings/">here</a>). Private property owners have every right to exclude people who carry guns from their property, just as they also have a right to exclude people for any number of other reasons. But the Hawaii law goes far beyond merely allowing property owners to exclude bearers of guns. It singles out the exercise of a constitutional right for a legal presumption of exclusion. And here I would emphasize that the Second Amendment protects not only the right to own arms, but also the right to "bear" them. Such bearing is often useful for self-defense, particularly in high-crime areas.</p> <p>Most people would readily agree such a targeted presumption of exclusion is us unconstitutional when it comes to other constitutional rights. As Justice Amy Coney Barrett points out in her excellent concurring opinion, "What if a State made it a crime to wear religious head garb (say, a hijab) onto private property open to the public without obtaining express authorization? Could that statute evade constitutional scrutiny?" We can easily extend the analogy. If the state enacted a law barring people who criticize the president or the state's governor from private property without specific permission from the owner, that would be a violation of the Free Speech Clause. If the state barred the use of contraception on private property  (e.g. - hotel rooms) without getting specific permission from the owner, that would be a violation of the right to contraception protected by <a href="https://supreme.justia.com/cases/federal/us/381/479/"><em>Griswold v. Connecticut</em> </a>(1965). And so on.</p> <p>As Barrett notes, this point disposes of Justice Ketanji Brown Jackson's main argument in the principal dissenting opinion (joined by Justice Sotomayor): "that Hawaii's law does not restrict the right to carry a gun at all. Instead, its law vindicates its resident's property rights by operating on the scope of the implied license to enter." The state cannot manipulate those default rules to deliberately disfavor the exercise of a constitutional right. If a state law banned critics of the president or people wearing religious garb from entering private property without specific permission, I doubt Justice Jackson would such a law "does not restrict First Amendment rights at all."</p> <p>There is also an extensive debate between the majority and the dissent about whether the Hawaii law meets the "history and tradition" test outlined in the Court's 2022 ruling in the <em>Bruen</em> case, which held that gun control regulations can be upheld if they are sufficiently analogous to historically prevalent laws. On balance, I think the majority and Justice Barrett are right to emphasize that most of these laws were narrower than the Hawaii law, and had narrower purposes (e.g. - controlling poaching). But I agree with Justice Jackson that this whole exchange demonstrates - yet again- that the "history and tradition" test is badly flawed, and too easily manipulable. While she thinks the manipulation goes only towards invalidating too many regulations, I think it could just as easily go the other way (or would, if the Court had a liberal majority). Indeed, her own arguments in this case demonstrate how that could happen.</p> <p>As I explained in <a href="https://reason.com/volokh/2026/06/18/supreme-court-rules-government-cannot-bar-marijuana-users-from-owning-guns/">my post</a> about the recent <em>Hemani</em> case, the best solution to this problem is to junk the history and tradition test, and replace it with one focused on the text, original meaning, and purpose of the Second Amendment. On that approach, a categorical presumption against bringing guns into any private property "open to the public" pretty obviously has to be struck down. Note that the presumption applies regardless of the type of gun, regardless of whether the owner is doing anything dangerous with it, and regardless of the type of property. That makes it a severe imposition on the core constitutional right to bear arms, and not one that can be justified by any kind of narrowly targeted safety concerns. Things might be different if the law were limited to, e.g., situations where the owner brandished the gun in a dangerous manner.</p> <p>Part of the debate between the majority and dissent focuses on the notorious Black Codes enacted by southern states after the Civil War, for the purpose of oppressing recently freed slaves and other Blacks, which in this case included restrictions on carrying guns, so as to disarm Black people and render them more vulnerable to coercion by whites.  Hawaii and Justice Jackson argue that these laws are appropriate analogues to the current Hawaii law, thereby justifying the latter.</p> <p>I think it obvious that laws which are themselves unconstitutional (because engaging in blatant racial discrimination) cannot serve as justifying analogues for anything. Indeed Justice Jackson recognizes the Black Codes were unconstitutional, but argues that they might still serve as part of the relevant "history and tradition," because racial discrimination has a long history and was traditional, and because the unconstitutionality here may have been under the anti-discrimination provisions of the Fourteenth Amendment, not the Second Amendment.</p> <p>I think a law intended to disarm a racial minority pretty obviously violates the Second Amendment, as well as other constitutional provisions. If the mere fact that many states enacted such laws makes them permissible under the "history and tradition" test, that's just another strike against that test. But even within the framework of that test, there is every reason to exclude regulations that are unconstitutional under other provisions of the Constitution (and therefore should never have been allowed to become "traditional" in the first place). Ditto for regulations intended to undermine the central purposes of the Second Amendment, by making people more vulnerable to government and private oppression.</p> <p>A good rule of thumb is that if defending the constitutionality of a law requires arguing that it is similar to the Black Codes, that probably means the law is actually unconstitutional! And if your test for determining constitutionality gives positive (rather than negative) weight to similarity to the Black Codes, you should junk that test and use a different one.</p><p>The post <a href="https://reason.com/volokh/2026/06/25/guns-property-rights-and-the-second-amendment/">Guns, Property Rights, and the Second Amendment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Kbiros | Dreamstime.com]]></media:credit>
		<media:description type="html"><![CDATA[Two identical semiautomatic pistols, laid across one another.]]></media:description>
		<media:title><![CDATA[two-identical-pistol-handguns]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/03/dreamstime_m_8714568-1200x675.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[
				Texas Man Gets 30 Years in Prison for Transporting 'Anti-Government' Pamphlets			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/texas-man-gets-30-years-in-prison-for-transporting-anti-government-pamphlets/" />
		<id>https://reason.com/?p=8390411</id>
		<updated>2026-06-25T20:53:35Z</updated>
		<published>2026-06-25T21:15:17Z</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="Protests" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Department of Justice" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Eight of the Prairieland Detention Center protesters were sentenced to a combined 450 years in prison. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/texas-man-gets-30-years-in-prison-for-transporting-anti-government-pamphlets/">
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										alt="Daniel Rolando Sanchez-Estrada | Illustration: Adani Samat. Photo: Ryan Estrada/Bluesky/ICE.gov"
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		<p><span style="font-weight: 400">Last Independence Day, several protesters were arrested following a demonstration that turned violent outside the Immigration and Customs Enforcement's (ICE) Prairieland Detention Center. On Tuesday, nearly a year later, eight individuals were given their sentence from a federal judge in the U.S. District Court for the Northern District of Texas: a combined </span><a href="https://www.justice.gov/opa/pr/leader-antifa-cell-members-north-texas-sentenced-100-years-prison-terrorist-attack-ice"><span style="font-weight: 400">450 years</span></a><span style="font-weight: 400"> in prison. The defendants, whom federal prosecutors argued were part of an "Antifa Cell" and provided "material support to terrorists," were </span><a href="https://reason.com/2026/03/17/prairieland-verdict-texas-man-found-guilty-of-transporting-constitutionally-protected-pamphlets/"><span style="font-weight: 400">convicted</span></a><span style="font-weight: 400"> earlier this year on charges ranging from rioting to attempted murder. </span></p>
<p><span style="font-weight: 400">"The sentences handed down today make clear that Antifa terrorists who attack law enforcement and federal facilities will face swift and uncompromising justice," said Acting Attorney General Todd Blanche in a </span><a href="https://www.justice.gov/opa/pr/leader-antifa-cell-members-north-texas-sentenced-100-years-prison-terrorist-attack-ice"><span style="font-weight: 400">statement</span></a><span style="font-weight: 400">. But critics warn the prosecutions and harsh sentencing could </span><a href="https://theintercept.com/2026/03/17/ice-protester-terrorism-convictions-trump-prairieland/"><span style="font-weight: 400">chill</span></a><span style="font-weight: 400"> First Amendment–protected activity. </span></p>
<p><span style="font-weight: 400">Perhaps the most chilling is the case of Daniel Rolando Sanchez-Estrada, who received </span><a href="https://www.justice.gov/opa/pr/leader-antifa-cell-members-north-texas-sentenced-100-years-prison-terrorist-attack-ice"><span style="font-weight: 400">30 years</span></a><span style="font-weight: 400"> in federal prison for </span><a href="https://reason.com/2026/03/17/prairieland-verdict-texas-man-found-guilty-of-transporting-constitutionally-protected-pamphlets/"><span style="font-weight: 400">transporting</span></a><span style="font-weight: 400"> a box of constitutionally protected pamphlets and zines.</span></p>
<p><span style="font-weight: 400">Sanchez-Estrada was not present the night of July 4, 2025, when a group of protesters arrived at the Prairieland Detention Center outside of Dallas to </span><a href="https://www.theguardian.com/us-news/ng-interactive/2026/jun/24/prairieland-texas-ice-protests-zines"><span style="font-weight: 400">set off fireworks</span></a><span style="font-weight: 400"> and signal solidarity with the immigrant detainees held inside. But his wife, Maricela Rueda, was present and subsequently arrested after the demonstration turned violent. Rueda later called Sanchez-Estrada from the Johnston County Jail and told him to do "whatever you need to do" and "move whatever you need to move at the house," according to the </span><a href="https://www.nlg.org/wp-content/uploads/2025/10/Fed-Indictment-Daniel-Sanchez.pdf"><span style="font-weight: 400">criminal complaint</span></a><span style="font-weight: 400">. </span></p>
<p><span style="font-weight: 400">After Rueda's call, officers observed Sanchez-Estrada load and move a box from his home to another residence, containing "numerous Antifa materials, such as insurrection planning, anti-law enforcement, anti-government, and anti-immigration enforcement documents," according to his </span><a href="https://media.freedom.press/media/documents/gov.uscourts.txnd.411835.108.01.pdf"><span style="font-weight: 400">indictment</span></a><span style="font-weight: 400">. But despite these materials </span><a href="https://reason.com/2025/11/26/texas-man-faces-up-to-40-years-in-prison-for-transporting-constitutionally-protected-pamphlets/"><span style="font-weight: 400">falling squarely</span></a><span style="font-weight: 400"> under the protection of the First Amendment, Sanchez-Estrada was arrested, charged, and convicted of corruptly concealing a document and conspiracy to conceal documents. He has since filed a motion to <a href="https://www.kvue.com/article/news/local/texas/prarieland-detention-center-trial-appeal-conviction-terrorism-rioting-lawyers/287-d7604c79-d9ba-4e0c-a34a-c5908dfe7923">overturn</a> his conviction.</span></p>
<p><span style="font-weight: 400">"The punishment must fit the crimes—not the headlines, not the politics, not the fears that have been mongered about this case," Christopher Weinbel, Sanchez-Estrada's defense attorney, told the federal judge during the sentencing hearing, arguing a long sentence would make a mockery of the justice system, </span><a href="https://theintercept.com/2026/06/23/prairieland-texas-ice-protest-prison-sentences/"><span style="font-weight: 400">reports</span></a> <i><span style="font-weight: 400">The Intercept</span></i><span style="font-weight: 400">. </span></p>
<p><span style="font-weight: 400">The seven remaining defendants received sentences of </span><a href="https://www.justice.gov/opa/pr/leader-antifa-cell-members-north-texas-sentenced-100-years-prison-terrorist-attack-ice"><span style="font-weight: 400">at least 50 years</span></a><span style="font-weight: 400"> in prison for their convictions including, rioting, providing material support to terrorists, and conspiracy to use and carry an explosive (fireworks). Rueda received 70 years for her involvement in the demonstration and for conspiracy to conceal documents. Benjamin Hill Song, the </span><a href="https://theintercept.com/2026/06/23/prairieland-texas-ice-protest-prison-sentences/"><span style="font-weight: 400">only defendant</span></a><span style="font-weight: 400"> accused of firing a gun at a police officer, received 100 years in prison. </span></p>
<p><span style="font-weight: 400">At sentencing, one of the presiding judges, U.S. District Judge Reed O'Connor, called the Priarieland demonstration "an assault on democracy," emphasizing that "the need to deter this type of conduct is high," </span><a href="https://apnews.com/article/prairieland-detention-center-shooting-sentencing-1eb7a8ac32dbb637e027709ae010f374"><span style="font-weight: 400">according</span></a><span style="font-weight: 400"> to the Associated Press. </span></p>
<p><span style="font-weight: 400">However, legal experts warn that such harsh sentences are meant to deter left-wing protesters. "It should concern everyone else in the country," Xavier de Janon, the director of mass defense at the National Lawyers Guild, </span><a href="https://www.theguardian.com/us-news/2025/dec/18/texas-antifa-ice-detention-center"><span style="font-weight: 400">told</span></a> <i><span style="font-weight: 400">The Guardian</span></i><span style="font-weight: 400">. "This precedent could result in people facing terrorism charges for doing very simple mainstream activism."  </span></p>
<p><span style="font-weight: 400">Crimes certainly took place on the night of the Prairieland demonstration: Not only was federal property vandalized and destroyed, but an officer was shot. Those guilty of those crimes need to be held accountable. However, possessing "anti-government" documents or ideology is not illegal. And by treating it as such, the Trump administration is equally as guilty of undermining the rule of law as the protesters it seeks to punish. </span></p>
<p>The post <a href="https://reason.com/2026/06/25/texas-man-gets-30-years-in-prison-for-transporting-anti-government-pamphlets/">Texas Man Gets 30 Years in Prison for Transporting &#039;Anti-Government&#039; Pamphlets</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: Ryan Estrada/Bluesky/ICE.gov]]></media:credit>
		<media:description type="html"><![CDATA[Daniel Rolando Sanchez-Estrada]]></media:description>
		<media:title><![CDATA[Daniel Rolando Sanchez Estrada-6-24]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Daniel-Rolando-Sanchez-Estrada-6-24-1200x675.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[
				What To Expect From Colombia's New President			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/what-to-expect-from-colombias-new-president/" />
		<id>https://reason.com/?p=8390417</id>
		<updated>2026-06-25T20:52:24Z</updated>
		<published>2026-06-25T21:00:07Z</published>
			<category scheme="https://reason.com/latest/" term="Culture War" /><category scheme="https://reason.com/latest/" term="Colombia" /><category scheme="https://reason.com/latest/" term="Free Markets" /><category scheme="https://reason.com/latest/" term="Javier Milei" /><category scheme="https://reason.com/latest/" term="Latin America" /><category scheme="https://reason.com/latest/" term="Marxism" /><category scheme="https://reason.com/latest/" term="militia" /><category scheme="https://reason.com/latest/" term="Populism" /><category scheme="https://reason.com/latest/" term="South America" />		<summary type="html"><![CDATA[He ran a MAGA-style campaign in a nation beset by partisan violence. Will he make Colombia freer or more authoritarian?]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/what-to-expect-from-colombias-new-president/">
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		<p><span style="font-weight: 400">On Wednesday, leftist Iván Cepeda </span><a href="https://www.theguardian.com/world/2026/jun/24/colombia-presidential-election-abelardo-de-la-espriella"><span style="font-weight: 400">conceded</span></a><span style="font-weight: 400"> the Colombian presidential election to his opponent, Abelardo de la Espriella, putting another right-leaning populist in charge of a Latin American country.</span></p>
<p><span style="font-weight: 400">De la Espriella, who won by a margin of less than 1 percent, ran a brash, MAGA-reminiscent (and </span><a href="https://www.nytimes.com/2026/06/02/world/americas/trump-endorses-colombia-de-la-espriella.html"><span style="font-weight: 400">MAGA-endorsed</span></a><span style="font-weight: 400">) campaign blending laissez faire economics with </span><a href="https://justiceforcolombia.org/abelardo-de-la-espriellas-campaign-rooted-in-misogyny/"><span style="font-weight: 400">traditionalist machismo social policy</span></a><span style="font-weight: 400"> and a commitment to </span><a href="https://www.cbc.ca/news/world/colombia-election-de-la-espriella-9.7244078"><span style="font-weight: 400">crack down harshly</span></a><span style="font-weight: 400"> on violent crime and drug smuggling.</span></p>
<p><span style="font-weight: 400">De la Espriella's platform borrowed from other Latin American presidents, including Nayib Bukele of El Salvador—de la Espriella has </span><a href="https://www.reuters.com/world/americas/colombia-presidential-candidate-de-la-espriella-proposes-mega-prisons-crime-2026-05-28/"><span style="font-weight: 400">promised to build</span></a><span style="font-weight: 400"> mega-prisons </span><a href="https://reason.com/2025/03/27/kristi-noem-uses-el-salvadors-nightmarish-megaprison-to-create-content/"><span style="font-weight: 400">just like his</span></a><span style="font-weight: 400">—and Javier Milei of Argentina—whose budget-slashing he has </span><a href="https://www.ft.com/content/62b6b2c4-5d7a-4992-94bb-2c7c080b7e55?syn-25a6b1a6=1"><span style="font-weight: 400">pledged to repeat</span></a><span style="font-weight: 400"> in Colombia. Milei </span><a href="https://reason.com/2024/03/27/is-javier-milei-making-argentina-great-again/"><span style="font-weight: 400">called himself</span></a><span style="font-weight: 400"> "the lion." De la Espriella </span><a href="https://www.dw.com/en/colombia-the-tigers-victory-signals-a-rightward-shift/a-77675571"><span style="font-weight: 400">goes by</span></a><span style="font-weight: 400"> "the tiger."</span></p>
<p><span style="font-weight: 400">When his term begins on August 7, de la Espriella will be taking charge of a Colombian economy more dependent on the state than ever. Under the leadership of Gustavo Petro, the incumbent left-wing president, Colombia has drastically expanded social programs for the poor. While it has reduced poverty, the spending meant </span><a href="https://www.aljazeera.com/economy/2026/5/28/colombias-first-left-wing-govt-has-reduced-poverty-but-has-pile-of-debt"><span style="font-weight: 400">more debt</span></a><span style="font-weight: 400"> and </span><a href="https://www.deloitte.com/us/en/insights/topics/economy/americas/colombia-economic-outlook.html"><span style="font-weight: 400">higher taxes</span></a><span style="font-weight: 400"> on financial institutions, accumulated wealth, and the fossil fuel industry. Inflation, which is </span><a href="https://tradingeconomics.com/colombia/inflation-cpi"><span style="font-weight: 400">down</span></a><span style="font-weight: 400"> from a post-pandemic high of 13 percent, has begun to rise modestly, </span><a href="https://tradingeconomics.com/colombia/inflation-cpi"><span style="font-weight: 400">jumping from 5.68 percent</span></a><span style="font-weight: 400"> in April to 5.84 percent in May (the largest increase since August 2024). And although </span><a href="https://tradingeconomics.com/colombia/unemployment-rate"><span style="font-weight: 400">unemployment</span></a><span style="font-weight: 400"> has dropped below 9 percent, Petro's labor regulations—</span><a href="https://apnews.com/article/colombia-labor-law-petro-leftwing-reform-economy-investment-workers-unions-15f07e39efcf11f459e6aaf60f4a01b8"><span style="font-weight: 400">enacted</span></a><span style="font-weight: 400"> in June 2025—threaten to "limit the pace of formal job creation and partially offset the gains observed over the past year," according to a </span><a href="https://www.deloitte.com/us/en/insights/topics/economy/americas/colombia-economic-outlook.html"><span style="font-weight: 400">Deloitte analysis</span></a><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">In 2025, the International Monetary Fund </span><a href="https://colombiareports.com/colombia-withdraws-from-imf-flexible-credit-line-agreement/"><span style="font-weight: 400">suspended</span></a><span style="font-weight: 400"> a $9.8 billion line of credit in response, citing Colombia's "widening fiscal deficit." Over the course of Petro's tenure, foreign direct investment </span><a href="https://www.larepublica.co/economia/inversion-extranjera-directa-en-colombia-durante-2025-4339024"><span style="font-weight: 400">dropped by a third</span></a><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">De la Espriella's running mate </span><a href="https://www.ft.com/content/d4742b43-0bc3-4d01-824f-c6e6760e53f2?syn-25a6b1a6=1"><span style="font-weight: 400">told</span></a><em><span style="font-weight: 400"> The </span></em><i><span style="font-weight: 400">Financial Times</span></i><span style="font-weight: 400"> that they plan to "return Colombia to its historic position of macroeconomic stability," and de la Espriella has made a priority of </span><a href="https://www.atlanticcouncil.org/dispatches/experts-react-what-a-president-abelardo-de-la-espriella-means-for-colombia-and-beyond/"><span style="font-weight: 400">bringing investors back</span></a><span style="font-weight: 400"> to Colombia. To do that, however, he'll need to deliver not only fiscal responsibility, but also security from Colombia's notorious and powerful Marxist militias.</span></p>
<p><span style="font-weight: 400">For decades, the most prominent of these, the Revolutionary Armed Forces of Colombia (FARC), rampaged across the countryside, </span><a href="https://www.hrw.org/world-report/2014/country-chapters/colombia"><span style="font-weight: 400">displacing hundreds of thousands</span></a><span style="font-weight: 400"> annually. In 2016, the government </span><a href="https://reason.com/2015/09/27/colombia-guerrillas-and-government-peace/"><span style="font-weight: 400">brokered a permanent peace</span></a>, <span style="font-weight: 400">and FARC </span><a href="https://www.bbc.com/news/world-latin-america-40417207"><span style="font-weight: 400">formally disarmed</span></a><span style="font-weight: 400"> in 2017. But in their absence, other militias have flowered—the largest of which is the National Liberation Army—and "illegal armed groups have roughly doubled their membership in the last five years," </span><a href="https://www.bbc.com/news/articles/cvgqv8q1ndpo"><span style="font-weight: 400">according</span></a><span style="font-weight: 400"> to the BBC.</span></p>
<p><span style="font-weight: 400">The burgeoning left-wing militant scene has coincided with a rise in political violence. Last year, right-wing presidential hopeful </span><a href="https://www.nytimes.com/2025/08/11/world/americas/miguel-uribe-turbay-dead-colombia-assassination.html"><span style="font-weight: 400">Miguel Uribe was assassinated</span></a><span style="font-weight: 400">. Colombian authorities </span><a href="https://insightcrime.org/news/colombia-blames-guerrillas-for-killing-senator-but-with-little-evidence/"><span style="font-weight: 400">blamed the killing</span></a><span style="font-weight: 400"> on a FARC-spinoff called Second Marquetalia, but presented no hard evidence linking the group to the act. That was the event which </span><a href="https://www.nytimes.com/2026/06/20/world/americas/colombia-election-abelardo-de-la-espriella.html"><span style="font-weight: 400">roused</span></a><span style="font-weight: 400"> de la Espriella—who had been living with his wife and four children in Florence, Italy, for a year—and brought him back to "save" Colombia. After returning and announcing his candidacy, de la Espriella campaigned </span><a href="https://www.reutersconnect.com/item/presidential-candidate-espriella-holds-closing-campaign-rally-ahead-of-runoff/dGFnOnJldXRlcnMuY29tLDIwMjY6bmV3c21sX01UMUFOQURMMDAwQ0pLUldQ"><span style="font-weight: 400">behind bulletproof glass</span></a><span style="font-weight: 400"> and promised to </span><a href="https://www.wsj.com/world/americas/colombia-elects-hardline-populist-who-vows-war-on-cocaine-gangs-b5cdd91c"><span style="font-weight: 400">wage war</span></a><span style="font-weight: 400"> on the militias.</span></p>
<p><span style="font-weight: 400">His presidency will also have the cartels to deal with; taken together, it's </span><a href="https://www.atlanticcouncil.org/blogs/new-atlanticist/five-charts-that-show-how-criminal-organizations-in-colombia-work-and-grow/"><span style="font-weight: 400">estimated</span></a><span style="font-weight: 400"> that they produce and export nearly $200 billion worth of cocaine every year. Organized drug-smuggling poses an additional problem, but one that cannot be neatly separated from the partisan paramilitary issue—ideological militants </span><a href="https://www.wsj.com/world/americas/eln-gang-colombia-venezuela-cocaine-trade-a36350e1"><span style="font-weight: 400">raise their funds</span></a><span style="font-weight: 400"> through the drug trade too.</span></p>
<p><span style="font-weight: 400">In short, the new president has got his work cut out for him. It won't be easy to rein in wasteful spending on popular programs, maintain peace between all the dozens of active armed factions and the government, and build out a bunch of mega-prisons, while preserving Colombians' economic and political freedoms. Though it doesn't seem like de la Espriella is too concerned about those freedoms. He made the culture war a second </span><a href="https://english.elpais.com/international/2026-06-02/de-la-espriellas-far-right-banners.html"><span style="font-weight: 400">focal point</span></a><span style="font-weight: 400"> of his campaign, railing against "gender ideology" and opposing same-sex adoption rights: "a child needs a father and a mother, those roles," he said.</span></p>
<p><span style="font-weight: 400">Yet another South American country has put a populist with authoritarian tendencies and a nominally laissez-faire economic policy in charge. De la Espriella has promised to protect Colombians from violent militias and to return the country to economic health. But there are aspects of his platform reminiscent of an old kind of Latin American macho-man—a kind that can be more trouble than he's worth.</span></p>
<p>The post <a href="https://reason.com/2026/06/25/what-to-expect-from-colombias-new-president/">What To Expect From Colombia&#039;s New President</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Camilo Moreno/Long Visual Press/Universal Images Group/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Abelardo de la Espriella, Colombia's new president]]></media:description>
		<media:title><![CDATA[Espriella-6-24]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Veronique de Rugy</name>
							<uri>https://reason.com/people/veronique-de-rugy/</uri>
					</author>
					<title type="html"><![CDATA[
				Even a Global Wealth Tax Can't Solve This Problem			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/even-a-global-wealth-tax-cant-solve-this-problem/" />
		<id>https://reason.com/?p=8390368</id>
		<updated>2026-06-25T19:16:48Z</updated>
		<published>2026-06-25T19:25:29Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Denmark" /><category scheme="https://reason.com/latest/" term="Income" /><category scheme="https://reason.com/latest/" term="Norway" /><category scheme="https://reason.com/latest/" term="Switzerland" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="United Kingdom" /><category scheme="https://reason.com/latest/" term="Wealth" /><category scheme="https://reason.com/latest/" term="wealth tax" />		<summary type="html"><![CDATA[Raise the price of an activity and people do less of it or restructure how they report it. Mobility was never the sole issue.]]></summary>
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		<p>Last week, nearly every elite men's tennis player skipped one of London's marquee tournaments. Only one of the world's top 10 showed up at Queen's Club, the traditional Wimbledon warmup; stars including Alexander Zverev, Daniil Medvedev, Taylor Fritz, and Ben Shelton were playing 300 miles away in Halle, Germany. A culprit was likely Britain's tax code, which doesn't stop at taxing prize money earned on British soil.</p>
<p>It also taxes a slice of a player's global endorsement income, prorated by how many days of the year they happen to spend in the U.K. Fail to advance far enough in the tournament, and the tax bill on your sponsorship deals can exceed your payout. So, the players who get to choose where they compete are now choosing somewhere else.</p>
<p>"It's not about the money for playing," retired superstar Rafael Nadal once explained. "They take from the sponsors&hellip;.This is very difficult. I am playing in the U.K. and losing money."</p>
<p>File this story under "how people dodge taxes by leaving." Evidence for the phenomenon was piling up long before California billionaires began their high-profile relocations to Nevada and Florida ahead of a proposed wealth tax on the ballot this November. And it's not the only reason these taxes disappoint.</p>
<p>When Norway raised its top wealth-tax rate by just one percentage point in 2022, economist Christine Blandhol documented a wave of business owners leaving for Switzerland, helped by a treaty between the two countries that precluded being double-taxed during the move. Norway lost tax revenue while the firms that business owners left behind, now run from a distance, saw their outputs decline.</p>
<p>Switzerland's own cantons—26 subdivisions that have taxed wealth since the 1800s at rates from about 0.1 percent to 0.9 percent—give researchers a natural experiment. The wealthy move steadily from high-rate Bern to low-rate Lucerne.</p>
<p>The people pushing California's wealth tax know this. Gabriel Zucman of the University of California, Berkeley—a frequent coauthor with fellow French economist Emmanuel Saez, whose revenue estimates underpin the campaign—has spent the past couple of years engineering around it.</p>
<p>Zucman wants a coordinated <em>global</em> minimum tax on billionaire wealth, designed explicitly so that there's nowhere left for the superrich to move. He admits frankly that the whole point of his international coordination plan is to defeat the mobility problem. If wealth taxes are global, the thinking goes, they finally work as intended.</p>
<p>Not so fast. It's easy to count up lost tax revenue after taxpayers move away. There is also a less visible, but no less real, behavior change from people who stay home (by choice or because there's no better option).</p>
<p>The effect showed up in Denmark, where decades of tax records—covering people who by and large stayed put during its wealth-tax era—show dwindling levels of wealth accumulation when more of it is taxed away. Nobody had to leave the country for the effect to show up; the incentive to save and build wealth in the first place had simply shrunk.</p>
<p>Inside the businesses of the wealthy, there's an avoidance channel that requires no moving van. When a wealth-tax bill comes due, the owner of a closely held company will often pull out a larger dividend to cover it. Once that money has left the company, it doesn't go back into payroll or business expansion.</p>
<p>Make no mistake, the non-wealthy will suffer from this tax too. As wealth taxes diminish saving and reinvestment, the capital stock that workers depend on for tools, equipment, and business expansion stops growing as quickly as it should. Wages rise when there's more capital for each worker to use, so the slower buildup eventually means smaller paychecks for people who would never pay a wealth tax. This effect compounds for decades, so a modest annual drag turns into a substantial gap by the time anyone notices it in the data.</p>
<p>The same dynamic can show up even without a wealth tax. We saw it with another aggressive California levy. When the state raised its top income-tax rate by three points in 2012, Stanford economist Joshua Rauh went looking for the revenue. He found that the people who stayed and bore the tax increase deferred bonuses, retimed asset sales, and restructured how they got paid, shifting income away from the year the higher rate applied. Within two years, those reporting changes had erased most of the revenue gain the tax increase was supposed to deliver.</p>
<p>Income and wealth are taxed differently, but the lesson is the same: Raise the price of an activity and people do less of it, restructure how they report it, or, if they can, leave the jurisdiction entirely.</p>
<p>These are the responses that even a global wealth tax can't reach, because mobility was never the sole problem. The result is less tax revenue than pro-tax advocates project, and less economic activity too. Ultimately, everyone, not just the rich, will be poorer for it.</p>
<p><strong>COPYRIGHT 2026 <a href="http://creators.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://CREATORS.COM&amp;source=gmail&amp;ust=1782493708212000&amp;usg=AOvVaw2dLbEzogA6iVldjK_fTMPP">CREATORS.COM</a></strong></p>
<p>The post <a href="https://reason.com/2026/06/25/even-a-global-wealth-tax-cant-solve-this-problem/">Even a Global Wealth Tax Can&#039;t Solve This Problem</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Hongbo Chen / Action Plus/Newscom/HECTOR AMEZCUA/TNS]]></media:credit>
		<media:description type="html"><![CDATA[Serena Williams and California Gov. Gavin Newsom]]></media:description>
		<media:caption><![CDATA[Serena Williams and California Gov. Gavin Newsom]]></media:caption>
		<media:text><![CDATA[Serena Williams and California Gov. Gavin Newsom]]></media:text>
		<media:title><![CDATA[taxes-tennis-california]]></media:title>
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	</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[
				Supreme Court Quashes Scientifically Bogus Lawsuits Against Roundup Herbicide			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/supreme-court-quashes-scientifically-bogus-lawsuits-against-roundup-herbicide/" />
		<id>https://reason.com/?p=8390297</id>
		<updated>2026-06-25T19:07:31Z</updated>
		<published>2026-06-25T19:10:15Z</published>
			<category scheme="https://reason.com/latest/" term="Cancer" /><category scheme="https://reason.com/latest/" term="Environmental Protection Agency" /><category scheme="https://reason.com/latest/" term="Glyphosate" /><category scheme="https://reason.com/latest/" term="Monsanto" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Torts" />		<summary type="html"><![CDATA[Thousands of lawsuits alleging Roundup causes cancer are likely dead after Supreme Court Monsanto ruling.]]></summary>
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		<p>The U.S. Supreme Court ruled Thursday in favor of the manufacturer of the popular weed killer Roundup, blocking <a href="https://www.simmonsfirm.com/complex-litigation/monsanto-roundup/">tens of thousands of lawsuits</a> alleging that the herbicide caused their plaintiffs' cancers.</p>
<p>The case before the Supreme Court stems from John Durnell's 2019 lawsuit against Monsanto in which he claimed that he had developed non-Hodgkin's lymphoma, a type of blood cancer, because of his use of Roundup for two decades. In his lawsuit, he argued that Monsanto should have included a cancer warning label on Roundup. In 2025, the Missouri Court of Appeals <a href="https://caselaw.findlaw.com/court/mis-crt-app-eas-dis-div-fou/116921580.html">affirmed</a> a state jury's award of $1.25 million to Durnell based on the plaintiff's failure-to-warn theory.</p>
<p>The thousands of similar lawsuits now claiming that glyphosate causes cancer trace back to the scientifically <a href="https://scijournals.onlinelibrary.wiley.com/doi/full/10.1002/ps.70742">contested</a> and <a href="https://www.reuters.com/investigates/special-report/who-iarc-glyphosate/">controversial</a> 2015 monograph by the International Agency for Research on Cancer (IARC) that <a href="https://www.iarc.who.int/featured-news/media-centre-iarc-news-glyphosate/">classified</a> the herbicide as "probably carcinogenic to humans."</p>
<p>In the years since the IARC monograph, numerous safety and regulatory agencies have repeatedly found that the weed killer is safe when used as directed. These include including the <a href="https://www.epa.gov/ingredients-used-pesticide-products/glyphosate">U.S. Environmental Protection Agency</a>, the <a href="https://food.ec.europa.eu/plants/pesticides/approval-active-substances-safeners-and-synergists/renewal-approval/glyphosate_en">European Food Safety Authority</a>, Canada's <a href="https://www.canada.ca/en/health-canada/services/consumer-product-safety/reports-publications/pesticides-pest-management/fact-sheets-other-resources/glyphosate.html">Pesticides Regulatory Directorate</a>, and Australia's <a href="https://www.apvma.gov.au/resources/frequently-searched-chemicals/glyphosate/glyphosate-australia">Pesticides and Veterinary Medicines Authority</a>.</p>
<p>In its 7–2 decision announced in <em><a href="https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf">Monsanto Co. v. Durnell</a>,</em> the Supreme Court ruled that the EPA's safety determination and warning label requirements preempt the Missouri state court's finding that the company should have added a cancer warning label.</p>
<p>"In accordance with EPA's view that glyphosate is not likely to cause cancer in humans, EPA has not required glyphosate-based pesticides like Roundup to include a cancer warning on their labels," wrote Justice Brett Kavanaugh in the majority opinion. "Therefore, as a matter of federal law, Monsanto legally must use a label without a cancer warning unless and until EPA approves or requires a change."</p>
<p>Disagree with <a href="https://www.congress.gov/crs-product/R45825">federal preemption</a> if you will, but the Court correctly decided that the vagaries of <a href="https://atra.org/white-paper-and-repo/the-junk-science-playbook/">toxic tort litigation</a> are not the right way to balance benefits and risks in this case.</p>
<p>The post <a href="https://reason.com/2026/06/25/supreme-court-quashes-scientifically-bogus-lawsuits-against-roundup-herbicide/">Supreme Court Quashes Scientifically Bogus Lawsuits Against Roundup Herbicide</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Adani Samat/Wirestock]]></media:credit>
		<media:description type="html"><![CDATA[Roundup herbicide]]></media:description>
		<media:title><![CDATA[Roundup-6-25]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Democratic Socialism Remains an Elite Phenomenon			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/democratic-socialism-remains-an-elite-phenomenon/" />
		<id>https://reason.com/?p=8390317</id>
		<updated>2026-06-25T18:24:26Z</updated>
		<published>2026-06-25T18:30:00Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Socialism" />		<summary type="html"><![CDATA[Darializa Avila Chevalier is supported by wealthy, well-educated elites.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/democratic-socialism-remains-an-elite-phenomenon/">
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		<p>Are the Democratic Socialists of America (DSA) surging to victory in New York City because foreigners and immigrants are smuggling this ideology into the U.S.? That seems to be the takeaway for many conservatives bemoaning that "Third World-ism"—i.e., the nominally communist brand of authoritarianism that is prevalent in some African and Latin American countries—is winning at the ballot box. Their solution, unsurprisingly, is to curb all categories of immigration, legal and illegal.</p>

<p>The victories of Claire Valdez and Darializa Avila Chevalier in Tuesday's Democratic House primaries are indeed lamentable. Avila Chevalier is <a href="https://reason.com/2026/06/24/darializa-avila-chevalier-will-be-this-congress-first-campus-radical/">a modern campus radical</a> who has aligned herself with far-left activist groups that wish to "eradicate Western civilization." She wants to abolish borders, police, private property, etc. Valdez is <a href="https://x.com/RNCResearch/status/2066522182725894420">no less extreme</a>.</p>
<p>But do they represent the triumph of Third World migration to the U.S.? Matt Walsh, who is typical of conservatives on this, thinks so. <a href="https://x.com/MattWalshBlog/status/2069746472988426654">He writes</a>: "Third world communists are the enemy. They've taken over our greatest American city. They're taking over one of our two major political parties. They hate this country. They hate white people. They hate our heritage and traditions. This is the fight. Get in the game or go away."</p>
<p>Reality is much more complicated. As Batya Ungar-Sargon <a href="https://substack.com/home/post/p-203533312">notes</a>, Chevalier's base of support is not specifically immigrants or even minorities—it's the affluent.</p>
<p>"Chevalier, who won a district that includes the Bronx, <a href="https://www.nytimes.com/interactive/2026/us/elections/results-new-york-us-house-13-primary.html">actually lost</a> the Bronx part of the district by 30 points," writes Ungar-Sargon. "She also lost predominantly Black and Hispanic areas, and she lost lower-income areas by 10 points. She won with young voters and higher income voters, and won majority college educated areas by 20 points."</p>
<p>The comparison with the Bronx is instructive. The South Bronx is represented by Democrat Ritchie Torres, who is not a democratic socialist and <a href="https://jewishinsider.com/2026/06/how-ritchie-torres-dodged-the-dsa-wave-in-new-york-city/">staunchly supports Israel</a>; he easily won re-election in a district that is disproportionately black and low income. Chevalier did slightly better with black people than her opponent did, but she got crushed <a href="https://www.nytimes.com/interactive/2026/us/elections/results-new-york-us-house-13-primary.html">when it came to the Hispanic vote</a>.</p>
<p>The point is that this view of socialism as a specifically Third World ideology conquering the U.S. because of mass migration isn't true. Affluent, native-born white and black people are just as likely, or by some measures, <em>more </em>likely to support left-wing politics than many categories of immigrants, particularly Hispanic immigrants. If right-wing immigration hardliners had their way and restricted citizenship to just people who can trace their lineage back to colonial times, we would be no safer from socialism. In fact, the category most likely to support socialist policies is the highly educated.</p>
<p>The democratic socialists like to stress that their movement is populist and working class, though their adherents are disproportionately rich and credentialed. It remains to be seen whether this kind of politics can be successful outside of select enclaves in New York City; for now, the DSA remains an elite phenomenon.</p>
<hr />
<h1><strong>This Week on <em>Free Media</em></strong></h1>
<p>I'm joined by Amber Duke to discuss Europeans loving America during their World Cup trips, Joy Reid's lack of patriotism, and more.</p>
<p><iframe loading="lazy" title="Liberal Media whines about Europeans actually LOVING America" width="500" height="281" src="https://www.youtube.com/embed/W7dkVTq5WLo?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><iframe loading="lazy" title="Joy Reid: &quot;Nobody Black I Know Is Really Excited About the Fourth of July&quot;" width="500" height="281" src="https://www.youtube.com/embed/ALm7duUPmGY?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>You can also catch a special Jason Russell episode of <em>Freed Up</em>. (Christian Britschgi will be back next week.)</p>
<p><iframe loading="lazy" title="Dragons Invade the Soviet Socialists Republic of New York" width="500" height="281" src="https://www.youtube.com/embed/pH4G0BC2_lE?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<hr />
<h1>Worth Watching</h1>
<p>I know I've talked about it a bunch already, but I just cannot get <em>Backrooms </em>out of my brain. I think I might go to the theater and see it a second time, which is something I almost never do.</p>
<p>In case you somehow missed this discussion, <em>Backrooms </em>is a debut horror film from Kane Parsons about a man who discovers a labyrinth of secret rooms and hallways that go on forever, becoming weirder and weirder the deeper he goes. Much of the movie is in a "found footage" shaky camera style (which I like), and the concept comes from a YouTube series that Parsons made as a teenager (he's only 20 years old now). The idea is based on old internet posts about abandoned shopping malls and storage facilities—overlooked, "liminal" spaces.</p>
<p>What's so brilliant about the film is that the dialogue is very sparse, leaving the viewer to fill in the gaps and impart meaning to what we're witnessing. I read the film as a cautionary tale about AI's shortcomings; the backrooms, and the monsters that inhabit them, are cheap imitations of reality. <em>The Wall Street Journal</em>'s Jack Butler saw it as a <a href="https://www.wsj.com/opinion/free-expression/gen-z-is-lost-in-the-backrooms-41ff910a">lamentation</a> for the lost pre-smartphone era of our youth, when it was more common for teenagers to go out and explore the world.</p>
<p>When I saw the film, I thought of Crystal City, a neighborhood of Arlington, Virginia, with a sprawling underground mall. I lived there in 2010, during my internship at <em>Reason</em>. Since I had three roommates and little privacy back in those immediate post-college days, I would often explore the mall at night—it connected to the metro, so it was open all hours—and make phone calls. At the time, there was a monster down there, too: If you took a wrong turn, you would accidentally run into an incredibly freaky life-sized Ronald McDonald statue. That McDonald's, <em>which was entirely underground and did not connect to the outside at all</em>, closed in 2013.</p>
<p>What I'm saying is, I have been to the backrooms.</p>
<p>The post <a href="https://reason.com/2026/06/25/democratic-socialism-remains-an-elite-phenomenon/">Democratic Socialism Remains an Elite Phenomenon</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Anthony Behar/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Darializa Avila Chevalier]]></media:description>
		<media:caption><![CDATA[Darializa Avila Chevalier]]></media:caption>
		<media:text><![CDATA[Darializa Avila Chevalier]]></media:text>
		<media:title><![CDATA[Chevalier-6-25]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Lawsuit Argues Hawaii's Harsh New Hemp Regulations Will Stifle Competition			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/lawsuit-argues-hawaiis-harsh-new-hemp-regulations-will-stifle-competition/" />
		<id>https://reason.com/?p=8390337</id>
		<updated>2026-06-25T18:08:15Z</updated>
		<published>2026-06-25T18:10:39Z</published>
			<category scheme="https://reason.com/latest/" term="Drug Legalization" /><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="Marijuana Business" /><category scheme="https://reason.com/latest/" term="Medical Marijuana" /><category scheme="https://reason.com/latest/" term="Synthetic Drugs" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Farm Bills" /><category scheme="https://reason.com/latest/" term="Hawaii" /><category scheme="https://reason.com/latest/" term="Hemp" /><category scheme="https://reason.com/latest/" term="Regulation" />		<summary type="html"><![CDATA[A dispensary owner believes Hawaii’s hemp regulations are unconstitutional. He’s suing to stop their enforcement, but the law may not be on his side. ]]></summary>
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		<p><span style="font-weight: 400">Starting in July, Hawaii will begin earnestly enforcing some of the strictest hemp regulations in the country. One dispensary owner is suing to stop it.</span></p>
<p><span style="font-weight: 400">Lance Alyas, a Hawaii resident who owns four hemp dispensaries, </span><a href="https://reason.com/wp-content/uploads/2026/06/Lance-Aylas-Intitial-Complaint.pdf"><span style="font-weight: 400">alleges</span></a><span style="font-weight: 400"> that the state's hemp laws violate "federal constitutional and statutory law, including the Supremacy Clause, the Dormant Commerce Clause, and the Due Process Clause." Alyas tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> he's the victim of "selective regulation" by state officials who favor the medical marijuana industry over hemp. </span></p>
<p><span style="font-weight: 400">Under Hawaii's </span><a href="https://www.capitol.hawaii.gov/sessions/session2025/bills/GM1372_.pdf"><span style="font-weight: 400">Act 269</span></a><span style="font-weight: 400">—passed in July 2025 and effective January 2026—all retailers and distributors of manufactured hemp products, including online and out-of-state sellers, must register their business with the state. The bill also tasks Hawaii's Health Department and its Office of Medical Cannabis Control and Regulation with enforcing </span><a href="https://health.hawaii.gov/medicalcannabis/statutes-and-rules/"><span style="font-weight: 400">existing regulations</span></a><span style="font-weight: 400"> for hemp businesses, including registration and product compliance.</span></p>
<p><span style="font-weight: 400">State officials gave business owners until July 1 to come into compliance with regulations, after which they would be subject to penalties, including </span><a href="https://www.capitol.hawaii.gov/sessions/session2025/bills/GM1372_.pdf"><span style="font-weight: 400">fines</span></a><span style="font-weight: 400"> of up to $10,000 for "each separate offense." The Health Department, the attorney general, and law enforcement will also be empowered to seize and destroy any prohibited product found. </span></p>
<p><span style="font-weight: 400">Hemp and marijuana are the same species of plant. The </span><a href="https://www.congress.gov/crs-product/R48637"><span style="font-weight: 400">2018 Farm Bill</span></a><span style="font-weight: 400">, which legalized hemp nationwide, drew the line for marijuana at 0.3 percent delta-9 THC—the main psychoactive ingredient in cannabis—with anything below counting as legal hemp, including "all derivatives, extracts, [and] cannabinoids," containing less than 0.3 percent delta-9 THC. The bill also legalized hemp-derived products containing delta-8 THC, an isomer with similar effects to delta-9 THC.</span></p>
<p><span style="font-weight: 400">Alyas argues that federal statutes preempt Hawaii's hemp laws. But the 2018 Farm Bill specifically </span><a href="https://www.congress.gov/bill/115th-congress/house-bill/5485/text"><span style="font-weight: 400">states</span></a><span style="font-weight: 400"> that nothing in its text "preempts or limits" state regulation of hemp production so long as the regulations are consistent with the law and do not interfere with interstate commerce.</span></p>
<p><span style="font-weight: 400">Geraldo Scatena, an attorney who has practiced cannabis and marijuana law in Hawaii, tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> the state has the "right" to regulate hemp so long as it stays within the bounds of the Constitution. As to Alyas' claims of selective enforcement, Scatena says there's "no statute of limitations" on Hawaii's hemp laws, meaning the state is free to enforce them at its discretion.</span></p>
<p><span style="font-weight: 400">Still, Alyas hopes to find favor with the Hawaii District Court, though it seems unlikely he'll prevail. Two federal courts, the </span><a href="https://cases.justia.com/federal/appellate-courts/ca4/23-2192/23-2192-2025-01-07.pdf"><span style="font-weight: 400">4th</span></a><span style="font-weight: 400"> and </span><a href="https://cases.justia.com/federal/appellate-courts/ca8/23-3237/23-3237-2025-06-24.pdf"><span style="font-weight: 400">8th</span></a><span style="font-weight: 400"> Circuit Courts, have already concluded that the Farm Bill did not preempt state laws restricting the sale of hemp products. The most favorable ruling has come from the 9th Circuit, which has jurisdiction over Hawaii, in </span><i><span style="font-weight: 400">AK Futures LLC v. Boyd Street Distro</span></i><span style="font-weight: 400"> (2022), when it </span><a href="https://law.justia.com/cases/federal/appellate-courts/ca9/21-56133/21-56133-2022-05-19.html"><span style="font-weight: 400">found</span></a><span style="font-weight: 400"> that hemp-derived delta-8 THC fit within the legal definition of hemp so long as it contained less than 0.3 percent of delta-9 THC. But even that appears to offer little hope; the 9th Circuit's ruling only dealt with the legal definition of hemp, not the products sold.</span></p>
<p><span style="font-weight: 400">After the Farm Bill passed, Hawaii spent the next several years narrowing its definition of hemp, using the authority afforded it in the legislation.</span></p>
<p><span style="font-weight: 400">In 2021, Hawaii's Department of Health implemented </span><a href="https://health.hawaii.gov/medicalcannabis/statutes-and-rules/"><span style="font-weight: 400">expansive new rules</span></a><span style="font-weight: 400"> that prohibited the sale of any oral hemp products not in pill, powder, or liquid form—including gummies—and any cannabinoid-infused food and beverages, vapes, hemp flowers, and cigarettes. In 2022, the state banned the use of delta-8 and delta-10 THC as ingredients in hemp products.</span></p>
<p><span style="font-weight: 400">In 2024, roughly a year before Sen. Mitch McConnell's (R–Ky.) </span><a href="https://reason.com/2025/11/12/a-senate-approved-bill-would-ban-the-hemp-derived-thc-products-that-congress-legalized-in-2018/"><span style="font-weight: 400">amendment</span></a><span style="font-weight: 400"> banning the sale of any "hemp-derived cannabinoid product" with more than 0.4 milligrams of total THC passed, Hawaii </span><a href="https://health.hawaii.gov/medicalcannabis/files/2024/12/Ch11-37_InterimRules_12-6-2024.pdf"><span style="font-weight: 400">broadened</span></a><span style="font-weight: 400"> its definition of total THC to include delta-8 THC as part of the equation, sweeping in many of the same hemp products McConnell hoped to ban. </span></p>
<p><span style="font-weight: 400">The stringent regulations on hemp are in part due to lobbying efforts from Hawaii's medical marijuana industry, which views businesses like Alyas' as illegitimate competitors. Hawaii was the first state to legalize medical marijuana through its state Legislature in 2000, but it caps the number of licensed dispensaries at eight. Alyas has tried to get a medical marijuana license, but he says the state's cap on dispensaries makes that "impossible." </span></p>
<p><span style="font-weight: 400">Alyas tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> he knows state law bans the majority of his products. Still, they are "so similar" to those of the medical marijuana retailers that he finds the difference negligible.</span></p>
<p><span style="font-weight: 400">Despite the restrictions, Alyas has built his hemp business into the No. 1 cannabis dispensary in the state, based on Google reviews. However, it appears Hawaii's medical marijuana industry </span><a href="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Laulusa-CEO-NOA-and-Paul-Alston-Emails-scaled.png"><span style="font-weight: 400">isn't eager</span></a><span style="font-weight: 400"> to entertain the competition. In emails to the Health Department, Karlyn Laulusa, CEO of Noa Botanicals—one of the eight dispensaries licensed to operate in the state—asks state officials to intervene and enforce the law against "</span><a href="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Laulusa-CEO-NOA-and-Paul-Alston-Emails-scaled.png"><span style="font-weight: 400">illegal dispensaries</span></a><span style="font-weight: 400">" that are "</span><a href="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Laulusa-CEO-NOA-and-Paul-Alston-Emails-2-scaled.png"><span style="font-weight: 400">out of compliance</span></a><span style="font-weight: 400">."</span></p>
<p><span style="font-weight: 400">So far, Alyas has been unable to substantiate his core claims in court. In December, he voluntarily filed a </span><a href="https://reason.com/wp-content/uploads/2026/06/Alyas-Motion-to-Dismiss.pdf"><span style="font-weight: 400">motion to dismiss</span></a><span style="font-weight: 400"> his lawsuit, and Judge Jill Otake granted it without prejudice. She also </span><a href="https://reason.com/wp-content/uploads/2026/06/Alyas-Motion-to-Dismiss.pdf"><span style="font-weight: 400">noted</span></a><span style="font-weight: 400"> that Alyas and his legal team had already "taken numerous bites at this apple" and wasted the court and defense counsel's time in the process, warning them that the court would take any prior mistakes in the case into account in future decisions. </span></p>
<p><span style="font-weight: 400">The state's attorney general's office has framed the dismissal as a win, telling </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> in an email that the department "prevailed in the prior case" and has now filed a motion to dismiss Alyas' follow-up suit for a preliminary injunction. The court will consider Alyas' suit for a preliminary injunction to stop enforcement of state laws against his businesses, as well as the state's motion to dismiss, on July 2.</span></p>
<p><span style="font-weight: 400">The dismissal may be a win for the state's eight legal dispensaries, but not for its consumers, who overwhelmingly </span><a href="https://www.hawaiibusiness.com/hawaiis-cannabis-industry-is-arrested-in-development/"><span style="font-weight: 400">turn to the black market</span></a><span style="font-weight: 400"> for more affordable products. Alyas' products may not be popular with his competitors or their defenders in the state government, but Hawaii's residents seem to have made their choice. The least regulators could do is respect it.</span></p>
<p>The post <a href="https://reason.com/2026/06/25/lawsuit-argues-hawaiis-harsh-new-hemp-regulations-will-stifle-competition/">Lawsuit Argues Hawaii&#039;s Harsh New Hemp Regulations Will Stifle Competition</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[hawiian hemp-lawsuit-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Damon Root</name>
							<uri>https://reason.com/people/damon-w-root/</uri>
						<email>damon.root@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/supreme-court-lets-trump-end-temporary-protected-status-for-haitian-and-syrian-nationals-residing-in-u-s/" />
		<id>https://reason.com/?p=8390334</id>
		<updated>2026-06-25T19:12:30Z</updated>
		<published>2026-06-25T17:32:42Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Haiti" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Syria" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Understanding the 6–3 decision in Mullin v. Doe.]]></summary>
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		<p>The U.S. Supreme Court ruled 6–3 Thursday in favor of the Trump administration's decision to strip Haitian and Syrian nationals of a legal protection that had allowed them to lawfully remain in the United States because it was too risky for them to be deported to their home countries.</p>
<p>The case is <em><a href="https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf">Mullin v. Doe</a></em>. It centers on the temporary protected status (TPS) program, in which executive branch officials are authorized to designate qualifying countries based on the existence of certain conditions that make those countries especially dangerous, such as military conflicts or natural disasters. Once designated, foreign nationals from such countries may remain lawfully in the United States without fear of deportation since the U.S. government has determined that it would be too dangerous for them to return.</p>
<p>Thursday's decision by the Supreme Court affirms the Trump administration's authority to end TPS protections for Haitian and Syrian nationals.</p>
<p>Under the <a href="https://www.law.cornell.edu/uscode/text/8/1254a">TPS statute</a>, "there is no judicial review of any determination&hellip;with respect to the designation, or termination or extension of a designation." According to the majority opinion of Justice Samuel Alito, that language was sufficient to dispose of most of the case, as it "squarely bars all of respondents' non-constitutional claims."</p>
<p>Turning then to the constitutional claims, Alito dismissed them as well. "Citing statements made by President Trump and former Secretary of Homeland Security Kristi Noem," Alito wrote, "one set of respondents advances an equal protection claim that Haiti's TPS designation was terminated because of the racial makeup of that country's population." But that argument failed, according to Alito, because, "ironically, one of respondents' other arguments undermines the equal protection claim by offering a strong, race-neutral explanation for Haiti's termination: namely, that the current administration, which has terminated every TPS designation that has come up for renewal, simply opposes the TPS program, at least as it has been implemented in the past."</p>
<p>Writing in dissent, Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, maintained that the TPS statute actually does allow "judicial review of whether the Secretary adhered to the procedures it mandates—which is what the plaintiffs dispute here." And Kagan likewise rejected the majority's claim that race likely did not motivate the government's actions. "The evidence [the Haitian plaintiffs] have offered includes statements by the President so repellent and racially inflected," Kagan wrote, "that the majority declines to put them in print."</p>
<p>The upshot of this decision is that hundreds of thousands of people who have been residing lawfully in the United States have now lost a key legal protection against deportation while the executive's control over the immigration system has been strengthened.</p>
<p>The Supreme Court's decision in <em>Mullin v. Doe</em> is available <a href="https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf">here</a>.</p>
<p>The post <a href="https://reason.com/2026/06/25/supreme-court-lets-trump-end-temporary-protected-status-for-haitian-and-syrian-nationals-residing-in-u-s/">Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Adani Samat/Bill Clark CQ Roll Call/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Supreme Court exterior and protesters with signs]]></media:description>
		<media:title><![CDATA[DahliaDoe-TPS-6-25]]></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[
				Supreme Court Slams the Door on Asylum Seekers at the Border			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/supreme-court-slams-the-door-on-asylum-seekers-at-the-border/" />
		<id>https://reason.com/?p=8390306</id>
		<updated>2026-06-25T17:36:57Z</updated>
		<published>2026-06-25T17:15:07Z</published>
			<category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="asylum" /><category scheme="https://reason.com/latest/" term="Border patrol" /><category scheme="https://reason.com/latest/" term="Borders" /><category scheme="https://reason.com/latest/" term="Samuel Alito" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Justice Samuel Alito compared asylum seekers who haven't made it across the border to a running back being tackled on the 1-yard line.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/supreme-court-slams-the-door-on-asylum-seekers-at-the-border/">
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										alt="asylum seekers | Carlos Moreno/Sipa USA/Newscom"
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		<p><span style="font-weight: 400;">A 6</span>–<span style="font-weight: 400;">3 conservative majority of the Supreme Court </span><a href="https://www.supremecourt.gov/opinions/25pdf/25-5_86qd.pdf"><span style="font-weight: 400;">ruled</span></a> <span style="font-weight: 400;">Thursday that the U.S. government can turn away asylum seekers who arrive at the border without processing their claims.</span></p>
<p><span style="font-weight: 400;">The case, </span><i><span style="font-weight: 400;">Mullin v. Al Otro Lado</span></i><span style="font-weight: 400;">, was one of the </span><a href="https://reason.com/2025/11/20/the-supreme-courts-next-big-immigration-case/"><span style="font-weight: 400;">closely watched immigration cases</span></a><span style="font-weight: 400;"> of the current Supreme Court term. It concerned whether an alien who is stopped on the Mexican side of the U.S.–Mexico border "arrives in the United States" under the meaning of the </span><a href="https://www.law.cornell.edu/uscode/text/8/1225"><span style="font-weight: 400;">Immigration and Nationality Act (INA)</span></a><span style="font-weight: 400;">, which states that an alien "who arrives in the United States &hellip;may apply for asylum" and be inspected.</span></p>
<p><span style="font-weight: 400;">The decision reverses and remands a </span><a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2025/05/14/22-55988.pdf"><span style="font-weight: 400;">ruling</span></a> <span style="font-weight: 400;">last year by the U.S. Court of Appeals for the 9th Circuit, which held that the law "encompasses those who encounter officials at the border, whichever side of the border they are standing on."</span></p>
<p><span style="font-weight: 400;">However, writing for the majority, Justice Samuel Alito wrote that the ordinary, commonly understood definition of "arrives in" meant that Customs and Border Protection (CBP) had no obligation to inspect asylum seekers until they set foot in the country.</span></p>
<p><span style="font-weight: 400;">"The running back does not arrive in the end zone (and six points do not go up on the scoreboard) when he is tackled at the 1-yard line by the defense," Alito wrote. "The guest does not arrive in the house when the homeowner locks the door right before the guest tries to open it. The army does not arrive in the city when the city's defenders repel the attack outside city limits. And the letter does not arrive in the mailbox when a dog assaults the carrier a step away from the mailbox. A person arrives in a destination only when he enters it, and </span><span style="font-weight: 400;">that conclusion does not change because someone or something blocks entry. A person arrives in the United States, then, only when he enters it."</span></p>
<p><span style="font-weight: 400;">In a dissenting opinion, Justice Sonia Sotomayor, joined by the Court's other two liberal Justices, Elena Kagan and Ketanji Brown Jackson, wrote that the majority's "fixation" on the word "in" had led it to ignore the legislative history and context that suggested that the INA was clearly intended to include noncitizens in the process of arriving. To hold otherwise would give the government free license to avoid its statutory obligations altogether.</span></p>
<p><span style="font-weight: 400;">"It does not make sense to say an asylum seeker's arrival depends on whether she has taken a step across the border or her foot has not yet landed, or whether her hand is outstretched across the threshold or is still by her side; she is arriving in the United States for purposes of seeking admission," Sotomayor wrote.</span></p>
<p><span style="font-weight: 400;">The case was precipitated by the surge in asylum seekers in 2016. In response to the wave, the U.S. government began a policy of "metering" how many asylum seekers it would process at a time, allowing agents to turn some back at the border.</span></p>
<p><span style="font-weight: 400;">In 2017, the immigrant rights organization Al Otro Lado and 13 asylum seekers sued the U.S. government, claiming that the INA requires CBP to process asylum applications and inspect aliens who reach the Mexican side of the U.S.–Mexico border. In addition, Al Otro Lado alleged that the "metering" was not based on actual capacity problems; the government turned away asylum seekers even at uncrowded ports of entry.</span></p>
<p>The Biden administration rescinded the turnback policy. The Trump administration has not restarted it, but argued it should have the power to do so if necessary. <span style="font-weight: 400;">The Trump administration argued in its briefs to the Supreme Court that the ordinary meaning of "arrives in" should guide the Court.</span></p>
<p><span style="font-weight: 400;">"An alien on the Mexican side of the border may be 'close to the United States,'" the government </span><a href="https://www.supremecourt.gov/DocketPDF/25/25-5/364238/20250701145005805_Al_Otro_Lado_Petition.pdf"><span style="font-weight: 400;">argued</span></a><span style="font-weight: 400;"> in its brief seeking review, "and may even have 'arrived at the United States border,' but he has not 'arrived in the United States.'"</span></p>
<p><span style="font-weight: 400;">The case attracted a wide range of <em>amicus</em> briefs in support of Al Otro Lado's position from civil and human rights groups, as well as the U.S. Conference of Catholic Bishops (USCCB), all of which argued that reversal would inflict life-threatening harm on vulnerable asylum seekers fleeing persecution.</span></p>
<p><span style="font-weight: 400;">The USSCB wrote that the turnback policy "was devastating to asylum seekers while it was in place, and giving the government free rein to implement it again would be catastrophic."</span></p>
<p><span style="font-weight: 400;">"USCCB writes to underscore that the flaws in the turnback policy run much deeper than </span><span style="font-weight: 400;">plain text," the bishops </span><a href="https://www.supremecourt.gov/DocketPDF/25/25-5/396457/20260217144755719_Al%20Otro%20Lado%20-%20USCCB%20Amicus%20Brief.pdf"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;">. "The policy violates the obligation to care for refugees—a fundamental legal and moral principle that runs through nearly two millennia of Catholic faith, an international humanitarian consensus, and this Nation's history."</span></p>
<p>The post <a href="https://reason.com/2026/06/25/supreme-court-slams-the-door-on-asylum-seekers-at-the-border/">Supreme Court Slams the Door on Asylum Seekers at the Border</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Carlos Moreno/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[asylum seekers]]></media:description>
		<media:title><![CDATA[Asylee-Tijuana-6-25]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				SCOTUS Overturns Hawaii's Default Rule Against Guns on Private Property Open to the Public			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/scotus-overturns-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/" />
		<id>https://reason.com/?p=8390284</id>
		<updated>2026-06-25T17:43:11Z</updated>
		<published>2026-06-25T17:05:38Z</published>
			<category scheme="https://reason.com/latest/" term="Concealed Carry" /><category scheme="https://reason.com/latest/" term="Gun Control" /><category scheme="https://reason.com/latest/" term="Gun Rights" /><category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Right to carry" /><category scheme="https://reason.com/latest/" term="Firearms Law" /><category scheme="https://reason.com/latest/" term="firearms policy" /><category scheme="https://reason.com/latest/" term="firearms regulation" /><category scheme="https://reason.com/latest/" term="Hawaii" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="NYSPRA v. Bruen" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Samuel Alito" /><category scheme="https://reason.com/latest/" term="Second Amendment" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[The decision means similar laws in other states likewise violate the Second Amendment, and it casts doubt on the constitutionality of location-specific gun bans that cover a lot of territory.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/scotus-overturns-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/">
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		<p>After the Supreme Court upheld the right to bear arms in the 2022 case <a href="https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf"><em>New York State Rifle &amp; Pistol Association v. Bruen</em></a>, several states made it easier to obtain carry permits but much harder to use them. Even as they eliminated requirements that applicants demonstrate a "special need" to carry guns in public for self-defense, they <a href="https://reason.com/2022/07/13/politicians-defy-the-supreme-courts-ruling-on-the-right-to-bear-arms/">banned</a> firearms from long lists of "sensitive" locations. On Thursday, the Supreme Court rejected a variation on that theme: Hawaii's default rule against guns on private property open to the public.</p>
<p>After a federal judge in Hawaii <a href="https://cases.justia.com/federal/district-courts/hawaii/hidce/1:2023cv00265/165717/66/0.pdf">enjoined</a> enforcement of that rule in 2023, the U.S. Court of Appeals for the 9th Circuit <a href="https://cases.justia.com/federal/appellate-courts/ca9/23-16164/23-16164-2024-09-06.pdf">overturned</a> her order, deeming the law consistent with the Second Amendment. Not so, the Supreme Court says in <em><a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf">Wolford v. Lopez</a>.</em></p>
<p>"This regime hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives," Justice Samuel Alito writes in the <a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf#page=5">majority opinion</a>, which was joined by Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett. "We hold that the law is unconstitutional."</p>
<p>For many years, Alito notes, Hawaii "made it almost impossible to obtain a license to carry a firearm." After <em>Bruen</em>, the state "responded by replacing its old law on carry permits with new laws that achieved a similar result. On a large portion of the land<br />
within the State's boundaries, possession of a firearm is now flatly prohibited. And the law now before us severely burdens the ability to carry a firearm in much of the rest of<br />
the State by prohibiting firearms on private property without the express and affirmative consent of the property owner."</p>
<p>That law, Alito says, "departs sharply from the standard common-law rule on access to private property held open to the public. Under that rule, <em>everyone</em>, including those lawfully carrying firearms, may enter unless expressly prohibited from doing so. By contrast, under the new Hawaii law, <em>no one</em> carrying a firearm may enter without the property owner's express authorization. The effect of this new rule is to impose severe restrictions on the daily activities of residents who have satisfied the State's rigorous requirements for the issuance of a carry permit."</p>
<p>Those restrictions make daily life difficult for people attempting to exercise the right recognized in <em>Bruen</em>. "When these permit holders leave home in the morning," Alito notes, they not only must "take care to avoid all the territory where the possession of a gun is prohibited outright." They also will find that they are "barred from entering many places that people routinely visit in the course of their daily routines, such as gas stations, convenience stores, restaurants, coffee shops, drug stores, grocery stores, 'big box' stores, home improvement stores, barber shops or hair salons, dry cleaners, and laundromats."</p>
<p>Under Hawaii's law, armed carry permit holders are allowed to enter such businesses only if the owner has posted "clear and conspicuous signage" allowing guns or granted "unambiguous written or verbal authorization." But business owners may be reluctant to announce gun-friendly policies "for fear of alienating other customers," Alito notes. Even if they are happy to welcome customers who are legally carrying concealed handguns, they "may only be willing to consent discreetly to the entry of permit holders who make the effort to inquire." The requirement that gun carriers obtain such explicit permission before entering businesses vastly complicates their ability to engage in quotidian activities.</p>
<p>Under <em>Bruen</em>, Hawaii was required to justify that burden by showing that it is "consistent with this Nation's historical tradition of firearm regulation." Toward that end, the state cited 18th-century laws that barred people from carrying guns into "the improved or inclosed lands of any plantation" without the owner's permission. But as Alito notes, those laws "principally targeted unauthorized hunting," and "their coverage differed sharply from that of the Hawaii law now before us."</p>
<p>The laws that Hawaii cited "applied to land where game could be found, not retail establishments that residents of cities and suburbs frequent as part of their daily routines," Alito writes. "They had little if any impact on the Second Amendment's central objective: protecting the fundamental right to self-defense. And their obvious aim was to prevent the distinctive harms and risks associated with unauthorized hunting."</p>
<p>These purported analogs are not "relevantly similar" to Hawaii's law, Alito says. Even if "it was accepted that prohibiting unauthorized hunting on private land was consistent with the Second Amendment right," he says, it does not follow that "it is also consistent with that right to ban a person who is lawfully carrying a concealed handgun for self-defense from entering a gas station, coffee shop, grocery store, or other private property open to the public without express and unambiguous consent."</p>
<p>Hawaii also cited an 1865 Louisiana statute that made it illegal to "carry fire-arms on the premises or plantations of any citizen, without the consent of the owner or proprietor, other than in lawful discharge of a civil or military order." That law, Alito notes, was one example of the "Black Codes" that Southern states enacted between the Civil War and the beginning of Reconstruction, which aimed to "perpetuate the subjugation" of newly emancipated slaves. "The statute Hawaii cites was part of Louisiana's Black Code," Alito writes, and "it provided a tool for disarming blacks and thus leaving them defenseless against attacks."</p>
<p>During <a href="https://reason.com/2026/01/20/scotus-seems-inclined-to-reject-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/">oral argument</a> in <em>Wolford</em> last January, Alito said it was "the height of irony to cite a law that was enacted for exactly the purpose of preventing someone from exercising the Second Amendment right" to illuminate "what the Second Amendment protects." Gorsuch noted that Hawaii was relying "heavily" on the Louisiana law, which it claimed was enough evidence on its own to meet the <em>Bruen</em> test. He described that as "quite an astonishing claim," expressing dismay that "a lot of people" who support gun control "like to cite the Black Codes," which ordinarily would be like "garlic in front of a vampire" to them.</p>
<p>Leaving aside "this provision's pedigree," Alito writes, "it has no probative value for present purposes. As we have said, in considering the probative value of a historical analogue, we must consider whether it was widespread, well-known, and widely accepted. Because this statute was neither widespread nor widely accepted, it carries no weight."</p>
<p>Even more implausibly, Hawaii claimed its own history of strict gun regulation should count as justification for the law at issue in <em>Wolford</em>. Contrary to that argument, "the Second Amendment has the same meaning in all parts of the United States," Alito writes. "It cannot give way to 'the spirit of Aloha' in Hawaii, any more than it can yield to the spirit of the Big Apple&hellip;or the Windy City." Those are references to New York's severe restrictions on carrying handguns, which the Court overturned in <em>Bruen</em>, and the local handgun ban that it rejected in the 2010 case <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep561/usrep561742/usrep561742.pdf"><em>McDonald v. Chicago</em></a>.</p>
<p>No matter what the Hawaii Supreme Court <a href="https://reason.com/2024/02/08/hawaiis-supreme-court-insists-there-is-no-individual-right-to-arms/">might think</a>, the Second Amendment "applies in the same way to our 50th State (where about 8% of adults possess guns) and our 49th State (where the figure is roughly 59%)," Alito says. "Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment."</p>
<p>Hawaii's law "violates the constitutional right to keep and bear arms," Alito concludes. "Therefore, the judgment of the Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion."</p>
<p>In a <a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf#page=29">concurring opinion</a>, Barrett focuses on Hawaii's claim that the case was about property rights rather than the Second Amendment. Here is how she summarizes that argument: "No one has the right to enter private property—let alone to bring firearms onto it—without the owner's consent. Whether consent can be implied or must be express depends on local custom and property rules, which States have always had authority to modify. By requiring express consent, Hawaii has simply modified a default rule of property law. And because the [Second Amendment] did not require any particular default rule, Hawaii's law does not even implicate the Second Amendment."</p>
<p>Two of the dissenters, Justices Kentanji Brown Jackson and Sonia Sotomayor, found that argument <a href="https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf#page=45">persuasive</a>. But as Barrett notes, it glosses over the significance of Hawaii's law. "No one doubts that all property owners in Hawaii could bar the carry of arms on their respective premises, if they wanted to," she writes. "But the Second Amendment does not apply to private parties. It does apply to the States. And when a State enacts a property law that regulates arms-bearing conduct, that law implicates the Second Amendment."</p>
<p>Barrett notes the troubling implications of Hawaii's logic: "What if a State made it a crime to wear religious head garb (say, a hijab) onto private property open to the public without obtaining express authorization? Could that statute evade constitutional scrutiny? On Hawaii and the principal dissent's logic, the answer is apparently yes: No one has the right to enter another's property without permission, and the State has merely adjusted the default to require permission to be clear. But that is plainly wrong. Because the law regulates religious and expressive conduct, its enactment is state action that triggers First Amendment scrutiny."</p>
<p>The same goes for Hawaii's law, Barrett says: "Property laws, no less than other laws, are subject to constitutional limits. So when a property law 'restrict[s]' the bearing of arms, the State must prove that the law abides by the limits of the Second Amendment."</p>
<p>This decision means that similar rules adopted by <a href="https://reason.com/2023/12/01/california-defies-scotus-by-imposing-myriad-new-restrictions-on-public-gun-possession/">California</a>, <a href="https://reason.com/2023/10/04/a-federal-judge-enjoins-several-maryland-restrictions-on-carrying-handguns/">Maryland</a>, <a href="https://reason.com/2023/05/17/new-jerseys-restrictions-on-public-gun-possession-are-plainly-unconstitutional-a-federal-judge-says/">New Jersey</a>, and <a href="https://reason.com/2022/10/07/a-federal-judge-rejects-new-yorks-attempt-to-defy-the-scotus-decision-upholding-the-right-to-bear-arms/">New York</a> are likewise unconstitutional. It also suggests that location-specific gun bans enacted by those states may be inconsistent with the Second Amendment when they cover a lot of territory.</p>
<p>"New York adopted [its] law first, and the governor of New York said the express reason they were doing that was to undermine the <em>Bruen</em> opinion," Alan Beck, the lawyer representing the plaintiffs in <em>Wolford</em>, <a href="https://reason.com/2026/01/20/scotus-seems-inclined-to-reject-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/">told</a> the Supreme Court during oral argument. California's governor likewise <a href="https://reason.com/2024/01/10/gavin-newsom-defies-the-supreme-courts-very-bad-ruling-on-the-right-to-bear-arms/" data-mrf-link="https://reason.com/2024/01/10/gavin-newsom-defies-the-supreme-courts-very-bad-ruling-on-the-right-to-bear-arms/">presented</a> that state's new gun restrictions as a response to the Supreme Court's "very bad ruling." Given such statements, Beck said, "there's a clear body of evidence here that this was done to undermine <em>Bruen</em> and to undermine the Second Amendment right."</p>
<p>The post <a href="https://reason.com/2026/06/25/scotus-overturns-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/">SCOTUS Overturns Hawaii&#039;s Default Rule Against Guns on Private Property Open to the Public</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/Envato]]></media:credit>
		<media:description type="html"><![CDATA[a man with a handgun tucked into his pants]]></media:description>
		<media:title><![CDATA[concealed-carry-Hawaii-6-23-26]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/concealed-carry-Hawaii-6-23-26-1200x675.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[
				Something Feels Off About Hemani and Wolford (Updated)			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/something-feels-off-about-hemani-and-wolford/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390326</id>
		<updated>2026-06-26T02:23:57Z</updated>
		<published>2026-06-25T16:34:16Z</published>
					<summary type="html"><![CDATA[The Court decides two major Second Amendment cases, but the latter does not even mention the former.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/something-feels-off-about-hemani-and-wolford/">
			<![CDATA[<p>On June 18, the Supreme Court decided <em>United States v. Hemani</em>. The case was 9-0, though was fragmented. Justice Thomas concurred, finding that possession statute exceeded Congress's powers under the Commerce Clause. Justices Jackson and Sotomayor repeated their view that <em>Bruen</em> was wrongly decided. And Justices Alito and Kagan concurred in judgment, though I still am not entirely sure what they disagreed with the majority about.</p> <p>Today, the Supreme Court decided <em>Wolford v. Lopez</em>. There was a time when we had to wait <a href="https://reason.com/volokh/2021/04/19/hellers-sad-bar-mitzvah/">more than a decade</a> for the Supreme Court to decide a Second Amendment case. This year, we get two victories in the span of a week! Here, the Court split 6-3, finding that Hawaii's "vampire" law violates the Second Amendment.</p> <p>Justice Alito, who did not join <em>Hemani</em>, wrote the majority opinion in <em>Wolford</em>. Part I of Alito's opinion offers an extremely thorough, nine-page discussion of <em>Heller</em>, <em>McDonald</em>, <em>Bruen</em>, and <em>Rahimi</em>. This is a perfect capsule summary to teach students about how the doctrine has developed since 2008. But something very significant is missing: <em>Hemani</em>. Indeed, Justice Alito writes that <em>Rahimi</em> was "our most recent Second Amendment case." What about <em>Hemani</em>, decided seven days ago? Alito does not cite <em>Hemani</em><em> </em>at all. But Justice Barrett's concurrence and Justice Jackson's dissent does cite <em>Hemani</em>.</p> <p>What's even stranger is the sequencing. Justice Alito's opinion should have been released first, as it laid out all of the Second Amendment doctrine, and then Justice Gorsuch's opinion could have come out second, and cited back to Alito. But <em>Hemani</em> came out first.</p> <p>Something feels off here. Maybe <em>Wolford</em> was supposed to come out first, but the Chief wanted to force out the 9-0 <em>Hemani</em> to send a signal of bipartisanship, so the ordering was flipped? I don't like that theory as there were no other blockbusters last Friday. I don't think the majority opinion flipped in <em>Hemani</em>. The only person who didn't write from that sitting was Justice Thomas, and his view on the Commerce Clause was never going to command a majority.</p> <p>I can't quite put my finger on it, but something happened with <em>Hemani</em> and <em>Wolford</em>.</p> <p><strong>Update</strong>: Is it possible that Justice Barrett may have lost the majority opinion in <em>Wolford</em>? Justice Alito's majority opinion is 24 pages and avoids any major traps concerning property law. It is neat and clean, and offers a cogent summary of all the case law. Barrett's 14 page concurrence gets into the weeds of scrutiny. Barrett only brings along Thomas and Gorsuch for Part II-B. I can see Roberts thinking this opinion about property law reads like something a law professor would write (it is), and jumping ship to the safe harbor of Alito. Even now, the Barrett concurrence covers much of the same ground as the Alito majority. And she responds often to the Jackson dissent, as a majority opinion would. Barrett did not write an opinion for January when <em>Wolford</em> was argued. There were seven cases that sitting, so Alito may not have had an assignment.</p> <p>This theory still doesn't explain why Alito didn't acknowledge <em>Hemani</em>. Something is up.</p> <p><strong>Update #2</strong>: Justice Alito's concurrence cites Molly Brady's Stanford Law Review Article as "forthcoming 2026" with a parenthetical of ("last revised Feb. 27, 2026") followed by a <a href="https://perma.cc/J7Y3-WC5G">permalink</a>, which was created on June 4, 2026 at 8:47 am. The permalink was also made private, which usually happens in the case of a copyright violation.</p> <p><img decoding="async" class="alignright size-large wp-image-8390415" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/2026-06-25-Alito-1024x246.jpg" alt="" width="1024" height="246" srcset="https://reason.com/wp-content/uploads/2026/06/2026-06-25-Alito-1024x246.jpg 1024w, https://reason.com/wp-content/uploads/2026/06/2026-06-25-Alito-300x72.jpg 300w, https://reason.com/wp-content/uploads/2026/06/2026-06-25-Alito-768x184.jpg 768w, https://reason.com/wp-content/uploads/2026/06/2026-06-25-Alito-1536x369.jpg 1536w, https://reason.com/wp-content/uploads/2026/06/2026-06-25-Alito-2048x492.jpg 2048w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>&nbsp;</p> <p>Alito's other permalinks were created on Monday, May 25, 2026 at <a href="https://perma.cc/H7AL-C8ED">10:18 pm</a>, <a href="https://perma.cc/MX8Z-3DMC">10:19 pm</a>, <a href="https://perma.cc/A4G8-AEYB">10:42 pm</a>. Glad to see the Alito clerks are burning the midnight oil.</p> <p>The reply brief was filed on January 9, and the case was argued on January 20. This citation was clearly created by the Alito chambers at some point after the case was argued. Brady's article was published in April 2026. Barrett's concurrence and Jackson's dissent both cite Brady's article in its final, paginated form. Barrett also includes permalinks, which were created in 2025, likely by the parties.</p> <p>I don't know what this means, but the timeline suggests Alito's opinion was written earlier, but finalized later.</p><p>The post <a href="https://reason.com/volokh/2026/06/25/something-feels-off-about-hemani-and-wolford/">Something Feels Off About &lt;i&gt;Hemani&lt;/i&gt; and &lt;i&gt;Wolford&lt;/i&gt; (Updated)</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Jonathan H. Adler</name>
							<uri>https://reason.com/people/jonathan-adler/</uri>
					</author>
					<title type="html"><![CDATA[
				Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/trump-administration-sweeps-all-of-the-other-immigration-cases-at-scotus/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390305</id>
		<updated>2026-06-26T16:59:22Z</updated>
		<published>2026-06-25T16:06:55Z</published>
			<category scheme="https://reason.com/latest/" term="Administrative Law" /><category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Rule of law" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/trump-administration-sweeps-all-of-the-other-immigration-cases-at-scotus/">
			<![CDATA[<p>Today the Trump Administration completed its clean sweep of the non-birthright-citizenship immigration cases at the Supreme Court. Some of these decisions are quite significant. This highlights that the current Court is quite sympathetic to aggressive executive branch action in the immigration sphere--aggressive action often expressly authorized by Congress--even if it is likely to reject the Administration's <a href="https://reason.com/volokh/2026/04/07/the-easiest-way-to-resolve-the-birthright-citizenship-case/">unlawful attempt to unilaterally rewrite the law of citizenship</a>.</p>
<p>The first immigration decision today was <a href="https://www.supremecourt.gov/opinions/25pdf/25-5_86qd.pdf"><em>Mullin v. Al Otro Lado</em></a>, in which the Court held, 6-3 in an opinion by Justice Alito, that an alien seeking to enter the United States from Mexico does not "arrive in the United States" unless and until the alien actually enters the country. This matters because an alien cannot apply for asylum until arriving in the country, and thus allows the federal government to turn away potential asylum applicants before they may seek asylum.</p>
<p>The second immigration decision today was <a href="https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf"><em>Mullin v. Doe</em></a>, in which the Court held, again 6-3 in an opinion by Justice Alito, that the statute authorizing "Temporary Protected Status" bars judicial review of non-constitutional claims challenging the revision or rescission of such status. Finding the sole constitutional claim raised in the litigation unlikely to succeed, the Court vacated the district court order postponing the termination of temporary protected status for aliens from Syria and Haiti pending legal challenges to the termination.</p>
<p>On Tuesday, the Court decided <a href="https://www.supremecourt.gov/opinions/25pdf/25-429_h3ci.pdf"><em>Blanche v. Lau</em></a>, another 6-3 decision (this one by Justice Thomas) concluding that the Immigration and Naturalization Act does not require a border officer to have "clear and convincing evidence" that a lawful permanent resident has committed a crime of moral turpitude before deeming that individual an "applicant for admission" when re-entering the country. Thus a lawful permanent resident who has committed such a crime, but has not yet been convicted, can be required to reapply for admission after temporary foreign travel. (In this case, Lau had been charged with trademark counterfeiting but was still awaiting trial.)</p>
<p>Not all of the Trump Administration's immigration victories were 6-3, however. Earlier this spring the Administration prevailed in <a href="https://www.supremecourt.gov/opinions/25pdf/607us2r19_3e04.pdf"><em>Urias-Orellana v. Bondi</em></a>, in a unanimous opinion written by Justice Jackson. Here the Court concluded that the INA requires application of the fairly deferential substantial-evidence standard to the government's conclusion as to whether a given set of undisputed facts rises to the level of "persecution" for asylum applicants. (The applicants had advocated for de novo review.)</p>
<p>The Court also sided with the Trump Administration in its per curiam opinion in <a href="https://www.supremecourt.gov/opinions/25pdf/25-767_7758.pdf"><em>Margolin v. National Association of Immigration Judges</em></a>, rejecting the U.S. Court of Appeals for the Fourth Circuit's attempt to bypass the channeling requirements of the Civil Service Reform Act (based upon issues the parties had not even raised).</p>
<p>Taken together, these opinions show that the current Court is quite willing to embrace broad assertions of executive power over immigration policy, particularly given the expansiveness with which Congress has delegated such authority. It also shows the Court interpreting statutes narrowly, and without regard for broader policy considerations--considerations a majority of the justices believe are for Congress to resolve.</p>
<p>This string of immigration law victories is unlikely to extend to the birthright citizenship case, which should be decided next week. In that case, the Trump Administration is attempting to rewrite the law of citizenship unilaterally. Even if one is sympathetic to the Administration's constitutional argument (<a href="https://reason.com/volokh/2025/01/23/debating-birthright-citizenship-again/">and I am not</a>), it is <a href="https://reason.com/volokh/2026/04/07/the-easiest-way-to-resolve-the-birthright-citizenship-case/">hard to argue that the EO is consistent with the longstanding interpretation of the applicable federal statute</a>.</p>
<p>While Section 1401 echoes the language of the Fourteenth Amendment, it should be interpreted in line with the public understanding of those words at the time it was adopted (<em>Cf.</em> Justice Alito's <em>Bostock </em>dissent), and such an interpretation is wholly incompatible with that offered by the Trump Administration. Thus even if one thinks the conventional interpretation of the citizenship clause is mistaken, Section 1401 would control. So, just as the Court has hewed closely to what Congress has authorized in the immigration cases already decided this term, it should reject the Administration's birthright citizenship arguments on statutory grounds.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/trump-administration-sweeps-all-of-the-other-immigration-cases-at-scotus/">Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Jeremiah Alondra</name>
							<uri>https://reason.com/people/jeremiah-alondra/</uri>
					</author>
					<title type="html"><![CDATA[
				Utah's AI Prescription Experiment Faces Resistance From the Medical Establishment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/utahs-ai-prescription-experiment-faces-resistance-from-the-medical-establishment/" />
		<id>https://reason.com/?p=8390184</id>
		<updated>2026-06-25T15:37:10Z</updated>
		<published>2026-06-25T15:37:10Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Health Care" /><category scheme="https://reason.com/latest/" term="Medicine" /><category scheme="https://reason.com/latest/" term="Prescription Drugs" /><category scheme="https://reason.com/latest/" term="Public Health" /><category scheme="https://reason.com/latest/" term="Doctors" /><category scheme="https://reason.com/latest/" term="Utah" />		<summary type="html"><![CDATA[AI doctors are bringing affordable medical care to Utah. Skeptics are now trying to slow it down.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/utahs-ai-prescription-experiment-faces-resistance-from-the-medical-establishment/">
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		<p><span style="font-weight: 400">Artificial intelligence is rapidly transforming Utah's healthcare industry, bringing accessible and affordable medical care to patients around the state. Rather than welcoming the change, doctors and public health officials are resisting it.</span></p>
<p><span style="font-weight: 400">Over the past few years, Utah has passed several laws and initiatives to spur the adoption of AI in healthcare, including a </span><a href="https://commerce.utah.gov/2026/01/06/news-release-utah-and-doctronic-announce-groundbreaking-partnership-for-ai-prescription-medication-renewals/"><span style="font-weight: 400">novel pilot program</span></a><span style="font-weight: 400"> launched earlier this year to allow AI chatbots to fill prescriptions. Administered by the state's Commerce Department but powered by AI startup Doctronic, the project authorizes AI to fill birth control prescriptions and medication for asthma, diabetes, and other common health conditions. Patients still need to visit a doctor for new prescriptions before using the platform.</span></p>
<p><span style="font-weight: 400">"</span><span style="font-weight: 400">Doctronic's AI will strive to automate routine, guideline-based prescription renewals—the kind of administrative work that often slows down clinics," </span><a href="https://commerce.utah.gov/ai/regulatory-relief/authorized-ai-pilots/doctronic/"><span style="font-weight: 400">according</span></a><span style="font-weight: 400"> to Utah's Office of Artificial Intelligence Policy. "By safely delegating these repetitive tasks to AI, the system could lighten clinician workload, improve refill continuity, and expand patient access—all while maintaining the same safety and quality standards patients expect.</span><span style="font-weight: 400">"</span></p>
<p><span style="font-weight: 400">Despite these promises, the pilot project has generated criticism from the medical sector at large, which has characterized it as an unvetted and dangerous system. </span></p>
<p><span style="font-weight: 400">"People can have life and death reactions to medications," Alan Smith, a family physician, </span><a href="https://www.wsj.com/health/healthcare/ai-doctors-utah-374653c8?mod=Searchresults&amp;pos=1&amp;page=1"><span style="font-weight: 400">told</span></a> <i><span style="font-weight: 400">The Wall Street Journal</span></i><span style="font-weight: 400"> last week. "And then I worry about liability. Who is actually liable for problems that may occur because of a refill of a medication?" Smith, also the chair of the Utah Medical Licensing Board, told the </span><i><span style="font-weight: 400">Journal</span></i><span style="font-weight: 400"> that his opinions were his own, not the board's, but it does appear that the board shares his apprehension.</span></p>
<p><span style="font-weight: 400">In April, board members submitted a </span><a href="https://commerce.utah.gov/wp-content/uploads/2026/04/doctronic-letter-from-medical-board.pdf"><span style="font-weight: 400">letter</span></a><span style="font-weight: 400"> to the Office of Artificial Intelligence Policy housed in the Commerce Department, urging the immediate suspension of the program. Instead, the agency </span><a href="https://commerce.utah.gov/wp-content/uploads/2026/04/Medical-Board-Doctronic-Response.pdf"><span style="font-weight: 400">asserted</span> </a><span style="font-weight: 400">that it could continue the pilot under its statutory authority and pointed to its broader effort to tighten safeguards for AI-partnered programs, including its prior </span><a href="https://commerce.utah.gov/ai/regulatory-relief/authorized-ai-pilots/ai-legion-health/"><span style="font-weight: 400">agreement</span></a><span style="font-weight: 400"> with Legion Health, an online platform that uses AI to process low-level mental health medication refills and provide mental health treatment. The agency tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> that it is also "exploring the role of third-party auditors to help develop a standardized auditing process that includes transparent reporting and increased trust."</span></p>
<p><span style="font-weight: 400">Still, critics, particularly those in the medical field, contend that AI cannot replicate the nuanced clinical judgment required for mental health treatment.</span></p>
<p><span style="font-weight: 400">"It's really a concern about a slippery slope. Do we start here with prescriptions, then all of a sudden, is it going to lead to diagnostic tests?" John Whyte, chief executive of the American Medical Association, </span><a href="https://www.wsj.com/health/healthcare/ai-doctors-utah-374653c8?mod=Searchresults&amp;pos=1&amp;page=1"><span style="font-weight: 400">told</span></a> <i><span style="font-weight: 400">The Wall Street Journal</span></i><span style="font-weight: 400">. "Medical decisions are complicated, they're nuanced, and it's the fundamental component of the physician-patient relationship."</span><span style="font-weight: 400"> </span></p>
<p><span style="font-weight: 400">Medical decisions are complicated, but Doctronic </span><a href="https://www.doctronic.ai/resource-center/"><span style="font-weight: 400">says</span></a> <span style="font-weight: 400">its platform is guided by the opinions of board-certified physicians who design the system, review opinions, and continuously update the AI's medical guidelines to ensure every recommendation reflects real clinical reasoning. One </span><a href="https://www.medrxiv.org/content/10.1101/2025.07.14.25331406v1.full"><span style="font-weight: 400">clinical study</span></a><span style="font-weight: 400"> found "</span><span style="font-weight: 400">the top diagnosis of Doctronic and clinician matched in 81% of cases, and the treatment plan aligned in 99.2% of cases.</span><span style="font-weight: 400">" As for privacy concerns, the company maintains that its policy is based on prior consent and is anonymous by default, with sharing Doctronic medical recommendations to a physician being completely optional.</span></p>
<p><span style="font-weight: 400">"Doctronic is HIPAA [Health Insurance Portability and Accountability Act] compliant and private by design," Doctronic outlines on its </span><a href="https://www.doctronic.ai/resource-center/"><span style="font-weight: 400">website</span></a><span style="font-weight: 400">. "Your information is only accessed as needed to safely process your refill. We never sell your data, and we never use it to train AI models."</span></p>
<p><span style="font-weight: 400">Thus far, the Doctronic pilot has yielded fairly impressive results. </span><i><span style="font-weight: 400">STAT</span></i> <a href="https://www.statnews.com/2026/05/26/utah-doctronic-ai-experiment-early-data-health-tech/"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> in May that the chatbot has refilled prescriptions 72 percent of the time "without escalating to physician for reasons like missing lab work." Meanwhile, physicians agreed with the program in 91 percent of cases where the chatbot granted a renewal. </span></p>
<p><span style="font-weight: 400">Still, there are reasons to be cautiously optimistic about the future of AI in Utah healthcare. As </span><i><span style="font-weight: 400">STAT</span></i> <a href="https://www.statnews.com/2026/05/26/utah-doctronic-ai-experiment-early-data-health-tech/"><span style="font-weight: 400">points out</span></a><span style="font-weight: 400">, "it's not clear an AI bot can legally renew prescriptions without Food and Drug Administration [FDA] authorization." The FDA currently regulates technology if it's considered a medical device, and the agency has not provided clear regulations on AI. If it decides chatbots like Doctronic fall within its domain, it could inhibit AI platforms like this from entering the industry. As the Cato Institute </span><a href="https://www.cato.org/blog/fda-needs-adjust-reality-ai-software"><span style="font-weight: 400">points out</span></a><span style="font-weight: 400">, it can take years and millions of dollars for a complex medical device to receive FDA approval and be allowed to enter the market. In the case of Doctronic, this would mean preventing patients from using AI that can handle routine prescription renewals without sacrificing quality or safety. </span></p>
<p><span style="font-weight: 400">Utah is taking positive steps to incorporate AI into healthcare (even if the effort is more likely to be successful if it's private sector-led). Still, no matter how forward-looking the pilot program is, regulations and the medical establishment could slow it down and undermine a revolutionary tool with the potential to reduce costs and increase care for patients. </span></p>
<p>The post <a href="https://reason.com/2026/06/25/utahs-ai-prescription-experiment-faces-resistance-from-the-medical-establishment/">Utah&#039;s AI Prescription Experiment Faces Resistance From the Medical Establishment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Adani Samat/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[AI doctor chatbot image]]></media:description>
		<media:title><![CDATA[AI doctor chatbots-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Revisiting My Authorship Predictions And Making More Predictions			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/revisiting-my-authorship-predictions-and-making-more-predictions/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390293</id>
		<updated>2026-06-25T17:38:56Z</updated>
		<published>2026-06-25T15:16:51Z</published>
					<summary type="html"><![CDATA[Today the Court decided four more cases, including three opinions by Justice Alito. How did my predictions from Tuesday fare?&#8230;
The post Revisiting My Authorship Predictions And Making More Predictions appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/revisiting-my-authorship-predictions-and-making-more-predictions/">
			<![CDATA[<p>Today the Court decided four more cases, including three opinions by Justice Alito. How did my <a href="https://reason.com/volokh/2026/06/23/authorship-predictions-for-the-remaining-cases/">predictions</a> from Tuesday fare?</p>
<p>There were no cases decided today from <strong>December</strong>. I still think the Chief Justice has <em>Trump v. Slaughter</em>. Now that Alito has six opinions for the term, I think he is done. Justice Kavanaugh almost certainly has <em>NRSC v. FEC</em>. But if Alito has <em>NRSC</em>, then <a href="https://reason.com/volokh/2026/05/22/did-justice-alito-lose-the-majority-opinion-in-hamm-v-smith/">my theory</a> about his losing the majority in <em>Hamm </em>fails.</p>
<p>Today the Court decided Wolford from the <strong>January</strong> sitting. Alito wrote the majority opinion. Outstanding are the two transgender sports cases and <em>Cook</em>. So far, Roberts, Gorsuch, and Kavanaugh have not written from that sitting. I think Gorsuch is done for the term with seven majority. My thought on Tuesday was that Barrett, a former student athlete, would write both athletics cases while the Chief writes <em>Cook</em>. (Clarification: Barrett did not play college sports, but did participate in <a href="https://magazine.nd.edu/stories/the-education-of-amy-coney-barrett/">track and field</a> in middle school.) But maybe Roberts may write the transgender cases, as he wrote <em>Skrmetti</em>. Then, Justice Kavanaugh may write a "The Fed is different" opinion for <em>Cook</em>.</p>
<p>The <strong>February</strong> sitting is done.</p>
<p>No new cases today were decided from <strong>March</strong>. I still think Roberts has <em>Barbara</em>. I wrote that Alito has <em>Watson</em>, but he wrote <em>Al Otroe Lado</em> from that sitting. I think it unlikely that Justice Thomas has the majority in <em>Watson</em>, so the election case will likely go to Justice Barrett. I'm not sure how ACB votes here, so it is a tossup.</p>
<p>For <strong>April</strong>, my prediction on <em>Monsanto</em> was completely wrong. I thought there might be a shot the plaintiffs win, but it wasn't close. They only got Gorsuch and Jackson. Justice Kagan has <em>Chartie</em>. It should be a fun Fourth Amendment case to read.</p>
<p>There are seven remaining cases. We know there is a session on Monday, and maybe the Court will wrap up on Tuesday to avoid spilling into July.</p>
<p>May the odds ever be in your favor.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/revisiting-my-authorship-predictions-and-making-more-predictions/">Revisiting My Authorship Predictions And Making More Predictions</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				DOJ Case Against Minneapolis Antifa Groups Has Concerning First Amendment Implications			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/doj-case-against-minneapolis-antifa-groups-has-concerning-first-amendment-implications/" />
		<id>https://reason.com/?p=8390094</id>
		<updated>2026-06-25T14:31:14Z</updated>
		<published>2026-06-25T14:31:14Z</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="Law enforcement" /><category scheme="https://reason.com/latest/" term="Protests" /><category scheme="https://reason.com/latest/" term="Antifa" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Minneapolis" /><category scheme="https://reason.com/latest/" term="Minnesota" /><category scheme="https://reason.com/latest/" term="Prosecutors" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA["This indictment appears to be going way overboard, using a sledgehammer to address what might have been some infractions."]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/doj-case-against-minneapolis-antifa-groups-has-concerning-first-amendment-implications/">
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										alt="Two images side by side. In one, masked protesters march in Minneapolis, and in the other, a heavily armed law enforcement officer kneels next to a detained suspect who is on the ground. | Holden Smith/ZUMAPRESS/Newscom/Benjamin Hanson/MEI/SIPA"
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		<p>Last week, the Department of Justice (DOJ) <a href="https://www.justice.gov/opa/pr/15-members-direct-action-minnesota-minneapolis-based-direct-action-group-antifa-ties">announced</a> the indictment of 15 Minnesota activists. The charges included conspiracy to injure or impede a federal officer, which <a href="https://www.law.cornell.edu/uscode/text/18/372">carries</a> a penalty of up to six years in prison.</p>
<p>According to the <a href="https://www.justice.gov/opa/media/1446251/dl?inline">indictment</a>, the activists are members of "an organization dedicated and committed to direct action against federal law and immigration enforcement." It further alleges that they are part of the loose assemblage of antifascist activists known as antifa.</p>
<p>In a <a href="https://www.whitehouse.gov/releases/2026/06/trump-administration-delivers-another-crushing-blow-to-antifa-terrorist-network/">statement</a>, the White House called the indictment a "crushing blow" to "the violent anarchist network." Instead, it seems like another example of the Trump administration taking a overly heavy hand against people the administration doesn't like.</p>
<p>Prosecutors say the defendants acted collectively to obstruct federal law enforcement officers moving in or out of the Bishop Henry Whipple Federal Building in the Minneapolis–St. Paul area. (The Trump administration <a href="https://www.nytimes.com/2025/12/02/us/politics/ice-somali-migrants-minneapolis-st-paul.html">deployed</a> federal immigration officers to the city last year, in what it called Operation Metro Surge. As CNN <a href="https://www.cnn.com/2026/01/23/us/henry-whipple-building-minneapolis-ice">reported in January</a>, the Whipple building "is home base for the immigration proceedings at the heart of the crackdown in the state.")</p>
<p>According to the indictment, protesters set up roadblocks in an attempt to obstruct federal immigration officers traveling in or out of the building.</p>
<p>While roadblocks may be illegal—not to mention annoying—they don't constitute violence, or a conspiracy to use violence, against a federal officer, like the indictment claims. "It's really hard for me to come up with anything they were talking about doing that would be actually using force against an officer," <a href="https://www.courthousenews.com/feds-face-pushback-from-legal-experts-for-conspiracy-charges-against-minnesotans/">said</a> Josh Esmay, deputy director of the Legal Rights Center. "Setting up a blockade is not using force."</p>
<p>The indictment also lists numerous instances of lawful conduct as "overt acts" taken "in furtherance of the conspiracy," such as warning people when immigration officers are nearby.</p>
<p>"In the indictment, the DOJ appears to argue that involvement in rapid-response networks is illegal because they 'identify and harass' federal agents to prevent them from 'performing their official duties,'" Elizabeth Weill-Greenberg <a href="https://theappeal.org/minneapolis-ice-protest-indictment-crackdown-dissent/">writes at <em>The Appeal</em></a>. "Rapid-response networks alert community members to ICE's presence so volunteers can monitor, protest, and film officers' actions—all activities that are protected by the First Amendment, despite the administration's assertions to the contrary."</p>
<p>"I looked through the indictment at all the things that include my name, and I seem to be indicted for holding meetings," one defendant told the judge, <a href="https://www.nytimes.com/2026/06/16/us/minnesota-immigration-charges-antifa.html">according to <em>The New York Times</em></a>.</p>
<p>Indeed, while the indictment details acts of violence, it never alleges the defendants were directly involved. And while it goes to great lengths to establish that certain defendants were members or affiliated with antifa, group memberships are not illegal.</p>
<p>At a <a href="https://www.facebook.com/KSTPTV/videos/883632164792141">press conference</a> announcing the indictment, U.S. Attorney Daniel Rosen struggled to justify the charges. When asked how he or the Department of Justice define antifa, Rosen spoke in circles, saying a strict definition was beyond the "scope" of the indictment, but "we have plenty of people who self-identify in that way, and you might want to ask them that question."</p>
<p>He also declined multiple times to say whether any officers were actually injured as a result of the defendants' actions.</p>
<p>"We have a group of people who quite deliberately got together, planned violence, used violence," Rosen said, then added that "whether or not they actually, at the end of the day, caused bodily harm is not the measure of whether or not they committed a serious federal crime."</p>
<p>"We certainly want to prosecute people who are actively involved in a plot against the United States government to interfere with federal government functions," Richard Painter, who served as chief White House ethics lawyer under President George W. Bush, <a href="https://www.courthousenews.com/feds-face-pushback-from-legal-experts-for-conspiracy-charges-against-minnesotans/">told <em>Courthouse News</em></a>. "But there's also such a thing as peaceful protest, [and] people have the right to assemble outside a federal building."</p>
<p>Rosen is likely desperate for a win: As <em>MPR News</em> <a href="https://www.mprnews.org/story/2026/06/16/federal-prosecutors-minnesota-announce-charges-against-immigration-enforcement-opponents">reported</a>, "In December and January, federal prosecutors charged 36 people, mostly protesters, with assaulting or impeding federal immigration agents." But Rosen's office "has dropped 18 of the 36 cases entirely, including three with prejudice meaning they can't file them again. Another 11 cases have been effectively dropped through non-prosecution agreements."</p>
<p>In one particular case, Rosen's office <a href="https://www.cnn.com/2026/02/15/us/ice-shooting-dhs-doj-false-statements">charged</a> Julio Cesar Sosa-Celis with assaulting a law enforcement officer, saying he had used a shovel against a federal immigration officer who then had to shoot him. The charges were later dropped when the officer <a href="https://www.hennepinattorney.org/news/news/2026/may/castro-charges">admitted</a> he lied.</p>
<p>At Rosen's press conference, multiple reporters cited this sketchy history and asked how this case would fare any better. His answers were vague and unconvincing: "Read the indictment, and you'll understand the full magnitude of this case," he told one reporter. "You watch how this case plays out, you watch how the evidence plays out, and the evidence will prove it all out," he told another.</p>
<p>While it's certainly possible that the evidence will bear out the prosecution's case, it already resembles the Trump administration's established pattern of prosecuting people for disfavored but protected speech.</p>
<p>Last year, President Donald Trump issued an <a href="https://www.whitehouse.gov/presidential-actions/2025/09/designating-antifa-as-a-domestic-terrorist-organization/">executive order</a> "designating Antifa as a domestic terrorist organization," citing a "pattern of political violence designed to suppress lawful political activity and obstruct the rule of law."</p>
<p>As <em>Reason</em>'s Matthew Petti <a href="https://reason.com/2025/09/18/what-does-it-mean-for-trump-to-designate-antifa-a-terrorist-organization/">wrote at the time</a>, this made little practical difference: The U.S. has no formal designation for domestic terrorist organizations.</p>
<p>But Trump also <a href="https://reason.com/2025/09/29/trumps-executive-order-against-political-violence-is-an-un-american-attack-on-free-speech/">issued</a> a National Security Presidential Memorandum (NSPM-7), which said "common threads" among antifascist terrorists included "anti-Americanism, anti-capitalism, and anti-Christianity," and "hostility towards those who hold traditional American views on family, religion, and morality."</p>
<p>In December, then-Attorney General Pam Bondi issued a <a href="https://reason.com/wp-content/uploads/2026/01/Bondi_Memo_On_Countering_Domestic_Terrorism_And_Organized_Political_Violence.pdf">memo</a> on implementing NSPM-7. She directed "all federal law enforcement agencies" to "compile a list of groups or entities engaged in acts that may constitute domestic terrorism," which she defined to include "organized rioting, looting, doxing" and "conspiracies to impede or assault law enforcement."</p>
<p>Rosen's office specifically <a href="https://www.justice.gov/opa/pr/15-members-direct-action-minnesota-minneapolis-based-direct-action-group-antifa-ties">cited</a> NSPM-7 when announcing the indictments.</p>
<p>"While we do not yet have all of the information about these charges, the criminal prosecution of observers and protestors should be carefully scrutinized for retaliatory motives," the ACLU of Minnesota said in a <a href="https://www.aclu-mn.org/press-releases/doj-oms-15/">statement</a>. "Prosecution of a small number of people as punishment for exercising their First Amendment rights can chill people from exercising those same rights. Given this administration's history of misrepresenting the facts regarding their conduct toward observers and protestors during Operation Metro Surge, Minnesotans should demand transparency and reserve judgement until we fully understand the facts in this case."</p>
<p>"This indictment appears to be going way overboard, using a sledgehammer to address what might have been some infractions, some violations of the law by some individuals," Painter added.</p>
<p>The post <a href="https://reason.com/2026/06/25/doj-case-against-minneapolis-antifa-groups-has-concerning-first-amendment-implications/">DOJ Case Against Minneapolis Antifa Groups Has Concerning First Amendment Implications</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Two images side by side. In one, masked protesters march in Minneapolis, and in the other, a heavily armed law enforcement officer kneels next to a detained suspect who is on the ground.]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The DSA and the Democrats' Retreat Into Economic Fantasyland			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/the-dsa-and-the-democrats-retreat-into-economic-fantasyland/" />
		<id>https://reason.com/?p=8390255</id>
		<updated>2026-06-25T14:59:35Z</updated>
		<published>2026-06-25T14:00:39Z</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="Economics" /><category scheme="https://reason.com/latest/" term="Medicare for All" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Bernie Sanders" /><category scheme="https://reason.com/latest/" term="Elizabeth Warren" /><category scheme="https://reason.com/latest/" term="Green New Deal" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[The party's new crop of Mamdani-backed socialists are just the latest sign of a long slide into economic radicalism. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/the-dsa-and-the-democrats-retreat-into-economic-fantasyland/">
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		<p><span style="font-weight: 400;">Of the trio of candidates who swept to victory in New York this week with the backing of Mayor Zohran Mamdani—all of whom are or have been associated with the Democratic Socialists of America (DSA)—none has generated more attention than Darializa Avila Chevalier.</span></p>
<p><span style="font-weight: 400;">Chevalier, who has never held office before, is a 32-year-old community organizer who this week won a Democratic primary in New York against incumbent Adriano Espaillat. </span><span style="font-weight: 400;">Like many DSA-affiliated up-and-comers, Chevalier has a long history of incendiary social media posts. As </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s Liz Wolfe </span><a href="https://reason.com/2026/06/24/socialists-hijacked-my-city/"><span style="font-weight: 400;">noted</span></a><span style="font-weight: 400;"> yesterday, she's called former President Joe Biden a "rapist" and a "war criminal." She once </span><a href="https://www.thenation.com/article/politics/darializa-avila-chevalier-interview-election/"><span style="font-weight: 400;">posted</span></a><span style="font-weight: 400;"> "fuck Kamala Harris." Remember, she just won a </span><i><span style="font-weight: 400;">Democratic </span></i><span style="font-weight: 400;">primary</span><i><span style="font-weight: 400;">. </span></i></p>
<p><span style="font-weight: 400;">She also described the United States as a "fucking disgrace," though it's apparently not quite so disgraceful that she doesn't want to take the title and salary of U.S. congressional representative. As center-left writer Jeff Maurer </span><a href="https://www.imightbewrong.org/p/how-bad-is-this?utm_source=post-email-title&amp;publication_id=375183&amp;post_id=203410145&amp;utm_campaign=email-post-title&amp;isFreemail=true&amp;r=1gn7x&amp;triedRedirect=true&amp;utm_medium=email"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;">, it will be extraordinarily easy for Republicans to portray her as a radical, anti-America lunatic "</span><span style="font-weight: 400;">because she is a radical, anti-America lunatic." </span></p>
<p><span style="font-weight: 400;">But Chevalier is not just an unusually unhinged, radically anti-American social media leftist; she's also a committed economic socialist who </span><a href="https://www.wsj.com/opinion/the-rise-of-the-democratic-socialists-e2f171c0"><span style="font-weight: 400;">supports</span></a><span style="font-weight: 400;"> creating a four-day, 32-hour work week with no pay reduction, free government-sponsored childcare, free pre-kindergarten, Medicare for All, and a federal rent control system, presumably because rent regulations have worked </span><a href="https://reason.com/2025/10/20/zohran-mamdanis-socialist-housing-plan-could-crash-new-yorks-rickety-rental-market/"><span style="font-weight: 400;">so well in New York</span></a><span style="font-weight: 400;">. Somewhat confusingly, she also supports both a universal basic income </span><i><span style="font-weight: 400;">and </span></i><span style="font-weight: 400;">a federal jobs guarantee, which raises the question: Why would you need a federally guaranteed job if you have a federally guaranteed income? </span></p>
<p><span style="font-weight: 400;">In any case, after reading several academic studies, conversing with some economists and pollsters, and trying to assess her policy agenda neutrally, I have concluded that she is, in technical terms, </span><i><span style="font-weight: 400;">cuckoo bananas. </span></i></p>
<p><span style="font-weight: 400;">OK, OK, you got me. I didn't actually do all that. But her policy agenda is so wildly fanciful, so disconnected with economic reality, and so out of touch with American politics that I hardly needed to. It's self-evidently absurd. The same is true of many of the ideas of her fellow DSA-linked, Mamdani-backed candidates, like Claire Valdez, another one of this week's winners, who </span><a href="https://www.wsj.com/opinion/the-rise-of-the-democratic-socialists-e2f171c0"><span style="font-weight: 400;">somehow</span></a><span style="font-weight: 400;"> still supports the Green New Deal and also wants the federal government to freeze electricity bills. </span></p>
<p><span style="font-weight: 400;">Medicare for All is so expensive and so unwieldy that it failed, even in a small scale, in Sen. Bernie Sanders' (I–Vt.) home state of Vermont. The idea that it would pass at the national level is utterly fanciful. One estimate of the Green New Deal, a sort of everything bagel bundle of environmental-labor-big-government-quasi-socialism, put the cost at over </span><a href="https://www.americanactionforum.org/daily-dish/an-initial-analysis-of-the-green-new-deal/"><span style="font-weight: 400;">$90 trillion</span></a><span style="font-weight: 400;">, or about three times the country's total annual gross domestic product. Making the federal government America's electrical utility company would probably work about as well as </span><a href="https://reason.com/2021/10/03/how-the-cdc-became-americas-landlord/"><span style="font-weight: 400;">making the federal government America's landlord did during COVID-19</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">And speaking of landlords, has anyone in the orbit of the DSA ever looked at one single solitary study of rent-control in New York? Or even just&hellip;</span><i><span style="font-weight: 400;">the actual rent in New York,</span></i><span style="font-weight: 400;"> which is ground zero for American rent control? Rent control doesn't need studies to show it doesn't work. Every time someone rents an apartment in the Big Apple, it makes the case against itself. </span></p>
<p><span style="font-weight: 400;">One might argue that Chevalier and the rest of the Mamdani-backed, DSA-friendly slate of candidates are extreme and not representative of the rest of the party. And that's true to some extent. But mainstream Democrats have been embracing fantasy economics for years, even and perhaps especially under a nominally moderate figure like Joe Biden. </span></p>
<p><span style="font-weight: 400;">Biden wasn't a socialist. But he was a big-government Democrat who backed obviously ruinous spending policies from the day he entered office. His first major act as president was to pass the American Rescue Plan, a $2 trillion stimulus and spending bill billed as a COVID response, despite the fact that only a tiny percentage of the spending was actually dedicated to responding to the pandemic. Instead, the bill was a bloated package of handouts to Democratic interest groups and unnecessary checks to American voters. Critics warned that the package was </span><a href="https://www.nytimes.com/2021/01/29/upshot/biden-economic-stimulus.html"><span style="font-weight: 400;">too large and would cause inflation</span></a><span style="font-weight: 400;">. In return, Biden said the bigger risk was going too small. But two years later, the economy suffered the worst inflation shock in 40 years. </span></p>
<p><span style="font-weight: 400;">Meanwhile, Biden appointed a group of Sen. Elizabeth Warren (D–Mass.) devotees to key regulatory posts. Often <a href="https://www.theatlantic.com/ideas/2026/05/antitrust-theory-barry-lynn/687287/">called neo-Brandeisians</a>—or more colloquially, antitrust hipsters—they often gesture toward the technical and historical aspects of antitrust legislation. But in the main, their worldview is, as with most hipsters, aesthetic rather than technical. It can be summarized as: Big corporations are inherently suspect, and any merger or deal that makes them larger should require approval from the federal government, even if there is no obvious consumer harm. Indeed, this intellectual cohort sometimes explicitly argued that higher prices for consumers were an affirmative good that should be pursued by policymakers. You think an f-bomb directed at Kamala Harris is radical? Try telling American voters that the job of government is to make prices </span><i><span style="font-weight: 400;">higher</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">And this is just the stuff that Biden, with Harris and the rest of the Democratic Party along for the ride, actually did. From spending to business regulation to labor issues, much of the Democratic Party, even beyond the fringes of Mamdani's </span><a href="https://www.nytimes.com/interactive/2025/06/25/opinion/mamdani-cuomo-new-york-mayor-election.html"><span style="font-weight: 400;">Commie Corridor</span></a><span style="font-weight: 400;">, has also gone cuckoo bananas, especially in bastions of blue governance like California and New York. </span></p>
<p><span style="font-weight: 400;">Harris once championed Sanders' national single-payer healthcare plan. She </span><a href="https://www.politico.com/news/2024/08/19/medicare-for-all-harris-progressives-2024-elections-00174447"><span style="font-weight: 400;">backed off</span></a><span style="font-weight: 400;">, but continued to push a large government expansion of healthcare that, while less expansive, was still substantial—and mostly just didn't make any </span><a href="https://reason.com/2019/08/20/kamala-harris-medicare-for-all-problem-is-the-democratic-partys-medicare-for-all-problem/"><span style="font-weight: 400;">sense</span></a><span style="font-weight: 400;">. Democrats in both California and New York have proposed their own, state-based single-payer healthcare plans, both of which would have required politically implausible tax hikes and both of which were, to put it kindly, </span><a href="https://lao.ca.gov/letters/2022/Cooley-Cunningham-CalCare-031722.pdf"><span style="font-weight: 400;">ludicrously</span></a> <a href="https://www.rand.org/pubs/research_reports/RR2424.html"><span style="font-weight: 400;">expensive</span></a><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Rep. Alexandria Ocasio-Cortez (D–N.Y.), who looks to be readying a 2028 presidential run, proposed a </span><a href="https://ocasio-cortez.house.gov/media/press-releases/ocasio-cortez-sanders-ramirez-reintroduce-green-new-deal-public-housing-act"><span style="font-weight: 400;">Green New Deal for Public Housing Act</span></a><span style="font-weight: 400;"> that, while less expensive than national single-payer healthcare, would still have cost hundreds of billions a decade and would have substantially increased federal control of the nation's public housing stock. The city of Boston, meanwhile, pushed various forms of </span><a href="https://apnews.com/article/boston-city-council-rent-control-housing-89bd5ff0bf486651c317099dff496cdc"><span style="font-weight: 400;">rent regulation</span></a><span style="font-weight: 400;">, and the state of New York trumpeted </span><a href="https://reason.com/2023/03/30/new-york-lawmakers-could-pass-the-nations-strictest-state-level-rent-control-law-by-the-end-of-the-week/"><span style="font-weight: 400;">eviction restrictions</span></a><span style="font-weight: 400;"> that, in some cases, allowed tenants to squat in apartments for years </span><a href="https://reason.com/2023/12/12/her-tenant-stopped-paying-rent-in-2020-new-yorks-broken-housing-court-means-the-tenant-is-still-there/"><span style="font-weight: 400;">without paying rent</span></a><span style="font-weight: 400;">.  </span></p>
<p><span style="font-weight: 400;">In New York City, the DSA's patron, Mamdani, has spent political capital pushing a series of </span><a href="https://reason.com/2026/04/15/mamdanis-fix-for-food-deserts-opening-a-30-million-city-owned-grocery-store-near-other-grocery-stores/"><span style="font-weight: 400;">utterly pointless, woefully expensive</span></a><span style="font-weight: 400;"> city-run grocery store </span><a href="https://www.city-journal.org/article/new-york-city-government-owned-grocery-store-mamdani"><span style="font-weight: 400;">boondoggles.</span></a><span style="font-weight: 400;"> Kamala Harris proposed a </span><a href="https://reason.com/2024/08/19/kamal-harris-dishonest-and-stupid-price-control-proposal/"><span style="font-weight: 400;">price-gouging law</span></a><span style="font-weight: 400;"> that was </span><a href="https://www.nytimes.com/2024/08/15/business/economy/kamala-harris-inflation-price-gouging.html"><span style="font-weight: 400;">derided</span></a><span style="font-weight: 400;"> by Democratic-Party-friendly economists. Harris' proposal had some commonalities with a price gouging law proposed by Warren, Sanders, and Democratic lawmakers from Wisconsin, Pennsylvania, and Illinois that might have given the </span><a href="https://reason.com/2022/05/20/banning-unconscionable-excessive-gas-prices-is-economic-nonsense/"><span style="font-weight: 400;">federal government the ability</span></a><span style="font-weight: 400;"> to set grocery prices. </span></p>
<p><span style="font-weight: 400;">Part of the problem is that many of the party's leading lights are not especially sharp when it comes to economics and policymaking. Another problem is that many simply don't care about the realities and practicalities of their proposals. But while that explains some of the party's economic nuttiness, that's not exactly an excuse. Careless, uninformed radicalism is still radicalism, and it's been gnawing its way closer to the party's center for years. Chevalier and the DSA-adjacent, Mamdani-backed cohort are just the most bananas of them all, the bleeding edge of creeping cuckoo-bananaism. </span></p>
<p><span style="font-weight: 400;">I don't mean to say the Republican Party is much better. Over the last decade, the party has become a personality cult, and the personality it has organized around understands the economy through a simple-minded mercantilist worldview, in which America is essentially a business that needs to collect revenue through tariffs, like licensing fees for Trump-branded golf courses. Much of the party has sat idly by, or even cheered, as President Donald Trump unilaterally passed sweeping, constitutionally dubious tariffs that have </span><a href="https://www.theargumentmag.com/p/i-ran-the-numbers-trump-cost-us-274000?r=1gn7x&amp;utm_medium=ios&amp;triedRedirect=true"><span style="font-weight: 400;">cost jobs</span></a><span style="font-weight: 400;">, raised prices, and generally </span><a href="https://fortune.com/2026/06/16/tariffs-revenue-debt-duties-interest-payments-balance/"><span style="font-weight: 400;">failed to deliver</span></a><span style="font-weight: 400;"> on their own stated goals, like reducing the national debt and deficit. </span></p>
<p><span style="font-weight: 400;">Speaking of which: Have you </span><i><span style="font-weight: 400;">looked</span></i><span style="font-weight: 400;"> at the national debt recently? Our nation's political class certainly hasn't. All of these expansive spending proposals, from Medicare for All to the Green New Deal, are being talked about in an environment with dramatically less space for fiscal maneuvering. A major budget crunch is coming, yet the Democratic Party has largely decided to ignore the books and push for spending more, and more, and more.  </span></p>
<p><span style="font-weight: 400;">The all-around radicalism of the GOP during the Trump years has papered over and excused the radicalism of the Democratic Party, and even helped egg it on. After this week's radical sweep, youthful party strategist David Hogg </span><a href="https://x.com/davidhogg111/status/2069617466787971214?s=20&amp;utm_source=substack&amp;utm_medium=email"><span style="font-weight: 400;">posted</span></a><span style="font-weight: 400;">, "If this isn't the Dem tea party I don't know what is." </span></p>
<p><span style="font-weight: 400;">Whether or not this is the Democrats' Tea Party, it's certainly a revolution. But like all revolutions, it didn't happen overnight. Democrats have been retreating into economic fantasyland for years, and this week's radical upsets are just the latest sign that the fantasy is taking over. </span></p>
<p>The post <a href="https://reason.com/2026/06/25/the-dsa-and-the-democrats-retreat-into-economic-fantasyland/">The DSA and the Democrats&#039; Retreat Into Economic Fantasyland</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Adani Samat/Gina M Randazzo/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[New York City protesters with Democratic Socialists of America signs]]></media:description>
		<media:title><![CDATA[DSA-6-24]]></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[
				Only Fools Gloat			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/only-fools-gloat/" />
		<id>https://reason.com/?p=8390067</id>
		<updated>2026-06-25T13:33:37Z</updated>
		<published>2026-06-25T13:33:37Z</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="Politics" /><category scheme="https://reason.com/latest/" term="New York" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Socialism" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Plus: Usha Vance's baby bump, earthquakes in Venezuela, British sex shops, and more...]]></summary>
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		<p><strong>The aftermath: </strong>Loyal readers of <em><a href="https://reason.com/2026/06/24/socialists-hijacked-my-city/">Roundup</a> </em>know that yesterday's primary results—a Democratic Socialists of America (DSA) sweep of New York's districts, dethroning incumbents left and right—are likely going to lead to a lot more self-proclaimed socialists in the U.S. House of Representatives. How much does Mamdani Fever matter elsewhere, though?</p>
<p>"Left-leaning, anti-establishment candidates have triumphed in a series of primaries in deep blue congressional districts. What about in competitive races this fall?" <a href="https://www.nytimes.com/2026/06/24/us/politics/new-york-primary-election-democrats-midterms.html">asks</a> Katie Glueck at <em>The New York Times. </em>The races to watch? "The Maine Senate race, where Graham Platner, the Democratic nominee, has embraced progressive positions such as supporting Medicare for All and calling to <a class="m_-6202891251958841839css-sdwaa1" href="https://nl.nytimes.com/f/a/2Mk2moU1IDlT-aQX-CyTGg~~/AAAAARA~/cjPhL0dUPPIvw4xDKWY9stTXa6l_z8NxgEI2pEYdvQY5gnnzHp3CCZlT5ESGLiKP0zjVHJ59VDV1eEwYwQYWf_mY7DM8g2UIN9_oUHEWnF6e4z0qSt0HShNfUUxJBVAlxGsCphi4V6uikd-QcFmkMhJn3OcvE3_q2ziTVkCTrM9yFecpEVKw1lcIKMwKmWreT19w67Z49Sz7PmRqpZM2egGhZM8ICJgQ8bYrFaOc6_n2n5Z5a29y93OPUhlzg8LyEta4jONifaTospOP9CxBf4B-q-CgixQYKjYV6gQE4RN_EJMYB0_s72QyXYjDv-9hgPTOe3oW5I3CkExqtB5tI2sDfw5J82ZDMQoPCw0tiJ0~" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://nl.nytimes.com/f/a/2Mk2moU1IDlT-aQX-CyTGg~~/AAAAARA~/cjPhL0dUPPIvw4xDKWY9stTXa6l_z8NxgEI2pEYdvQY5gnnzHp3CCZlT5ESGLiKP0zjVHJ59VDV1eEwYwQYWf_mY7DM8g2UIN9_oUHEWnF6e4z0qSt0HShNfUUxJBVAlxGsCphi4V6uikd-QcFmkMhJn3OcvE3_q2ziTVkCTrM9yFecpEVKw1lcIKMwKmWreT19w67Z49Sz7PmRqpZM2egGhZM8ICJgQ8bYrFaOc6_n2n5Z5a29y93OPUhlzg8LyEta4jONifaTospOP9CxBf4B-q-CgixQYKjYV6gQE4RN_EJMYB0_s72QyXYjDv-9hgPTOe3oW5I3CkExqtB5tI2sDfw5J82ZDMQoPCw0tiJ0~&amp;source=gmail&amp;ust=1782411887620000&amp;usg=AOvVaw29ACuB6pKc3pEQ9N5Tcc5x">dismantle</a> Immigration and Customs Enforcement." Also, "if Abdul El-Sayed, a progressive former public health official, wins the August Senate primary in Michigan, his candidacy would pose a similar test in one of the nation's most important battlegrounds."</p>
<p><span data-sheets-root="1"></span></p>
<p>Meanwhile, the National Republican Congressional Committee has taken it upon itself to do the bitchiest thing possible to House Minority Leader Hakeem Jeffries (D–N.Y.), who had been hoping to become speaker but will probably not be so supported by the incoming far-left representatives:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">NEW: The <a href="https://x.com/NRCC?ref_src=twsrc%5Etfw">@NRCC</a> has delivered flowers and a condolences card to House Minority Leader Hakeem Jeffries (D-NY) DC office after the House candidates he endorsed lost to Mamdani-backed socialists in NY last night.</p>
<p>NRCC statement to <a href="https://x.com/FoxNews?ref_src=twsrc%5Etfw">@FoxNews</a>:</p>
<p>&quot;Three losses in one night is tough. We&hellip; <a href="https://t.co/tBhVrRZYzH">pic.twitter.com/tBhVrRZYzH</a></p>
<p>&mdash; Bill Melugin (@BillMelugin_) <a href="https://x.com/BillMelugin_/status/2069790767707525218?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>It's foolish for Republicans to gloat. This isn't good for the Democratic Party (or for Jeffries' political ambitions), but it also probably isn't very good for the Republicans, either. Our discourse will be dragged down to ever-more-stupid levels. Think former Rep. Marjorie Taylor Greene (R–Ga.): What once looked like steadfast President Donald Trump loyalism has actually devolved into deep feuding and—as of yesterday—apparently <a href="https://www.nytimes.com/2026/06/23/us/politics/tucker-carlson-marjorie-taylor-greene.html">a total break from the Republican Party</a>.</p>
<p>It's possible the Democratic Party will be dragged further to the left. It's possible it will have a harder time appealing to moderates. It's possible the split on Israel will prove insurmountable. It's also possible that the policy priorities of these DSA types won't actually be possible to pass at a national level, and that they won't be able to get anywhere close. Or that efforts to implement national versions of, say, universal childcare, would end up backfiring.</p>
<p>"One challenge: more equitable federal social policy would mean NYS/NYC would receive far less in federal transfers and lower-income, lower fiscal-capacity states (disproportionately rural and Republican) would receive far more," <a href="https://x.com/reihan/status/2069926990883483794?s=20">writes</a> Reihan Salam of the Manhattan Institute. "Without federal matching funds, it is hard to see NYS/NYC sustaining anything approaching its current level of social welfare expenditure, let alone finance social housing and subsidized housing for the bottom 90 percent, universal unionized childcare, free transit, and other lofty aspirations. Austerity forever. This kind of discipline could yield a better, more effective government, but it would undoubtedly be more targeted and less expansive."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I don&#39;t think young progressives even conceive of the idea that members of Congress are supposed to &quot;bring money back&quot; to their districts. They think in terms of national policy, like providing universal healthcare or childcare, not winning funds for specific pet projects. <a href="https://t.co/Xn4QNHbiEK">https://t.co/Xn4QNHbiEK</a></p>
<p>&mdash; Peter Sterne (@petersterne) <a href="https://x.com/petersterne/status/2069884499446337770?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>It's also possible they've just&hellip;barely thought about the mechanics of governing at all. They can hardly handle the politics side of it! Consider what New York primary winner Darializa Avila Chevalier's team thinks is an appropriate political ad (possibly the <a href="https://twitter.com/Forever_Wario/status/2063752394677321879">worst ad I've ever seen</a>):</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Here it is, the worst campaign ad I've ever seen, courtesy of candidate Darializa Avila Chevalier (NY-13) <a href="https://t.co/5nUkyRp5Cw">pic.twitter.com/5nUkyRp5Cw</a></p>
<p>&mdash; mister employed (@Forever_Wario) <a href="https://x.com/Forever_Wario/status/2063752394677321879?ref_src=twsrc%5Etfw">June 7, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The upshot:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">It's their world now. We're just living in it <a href="https://t.co/fjXURjarTX">pic.twitter.com/fjXURjarTX</a></p>
<p>&mdash; Dennis M. Hogan (@dennismhogan) <a href="https://x.com/dennismhogan/status/2069812323611521112?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>"I'm sympathetic to Bodega Nationalists because I can relate to them," <a href="https://mamathemagazine.com/the-rise-of-bodega-nationalism/">writes</a> Denzel Rust at <em>Mama</em>. "They prove something fundamental about human nature: that people tend to be right-wing lunatics about the things closest to them. The teacher who votes blue but fantasizes about her worst-behaved students being sent to Guantanamo. The HOA apparatchik who wants their BLM yard sign protected by private security. In the case of the Bodega Nationalist, who has been denied a healthy outlet for his tribal libido, all that's left are zip codes and sports teams. Coexist stickers for the post-national localwaffen."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Why are Knicks fans so nativist when it comes to New York and so not when it comes to America?</p>
<p>&quot;This is Bodega Nationalism, the rising phenomenon of people fiercely territorial about their sports team, their area code, and their borough, but mysteriously disinterested in the&hellip;</p>
<p>&mdash; Disgraced Propagandist (@DisgracedProp) <a href="https://x.com/DisgracedProp/status/2069599705806598329?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li><a href="https://www.washingtonpost.com/world/2026/06/24/back-to-back-earthquakes-topple-buildings-venezuelas-capital/">At least 164 people are dead</a>—and probably more—after two earthquakes (7.2 magnitude and 7.5 magnitude) hit Venezuela yesterday. The last time a super-destructive earthquake hit Venezuela was in July 1967, killing 240 people.</li>
<li>"Key parts of the oil market are suddenly awash in supply, as a stream of cargoes out of the Strait of Hormuz accelerates after the US-Iran agreement to open the waterway," <a href="https://www.bloomberg.com/news/articles/2026-06-24/hormuz-reopening-is-quickly-flooding-oil-markets-with-supply?srnd=homepage-americas">reports</a> <em>Bloomberg.</em></li>
<li>"U.S. President Donald Trump faced pointed criticism over the Iran war in a closed-door meeting with fellow Republicans on Wednesday, shortly before his administration asked Congress for tens of billions ​of dollars to pay for the conflict," <a href="https://www.reuters.com/world/europe/israel-stands-firm-troops-southern-lebanon-rubio-seeks-sell-peace-deal-middle-2026-06-24/">reports</a> Reuters. "Several Republicans who attended said Trump engaged in a shouting match with Senator Bill Cassidy, who said the administration needed to explain a framework deal Trump signed last ‌week that gives Iran financial incentives but falls short of the goals he laid out at the war's beginning."</li>
<li>From <em>The Wall Street Journal</em>: "<a href="https://www.wsj.com/lifestyle/things-are-getting-awkward-in-england-as-roadside-diners-turn-into-sex-shops-6fd6355b?mod=hp_featst_pos5">Things Are Getting Awkward in England as Roadside Diners Turn Into Sex Shops</a>." ("Things have clearly changed here since the days when a comedy called 'No Sex Please, We're British' was one of the biggest shows on London's West End in the 1970s and '80s.")</li>
<li>The responses to the <em>New York Times</em>' dissecting-Usha-Vance's-pregnancy-style <a href="https://www.nytimes.com/2026/06/24/style/usha-vance-maga-pregnancy-style.html">article </a>are incredible:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Pregnant women: wear clothes </p>
<p>NYT: <a href="https://t.co/5nhffaI2M4">https://t.co/5nhffaI2M4</a> <a href="https://t.co/wCHiZ3SScJ">pic.twitter.com/wCHiZ3SScJ</a></p>
<p>&mdash; Mary Katharine Ham (@mkhammer) <a href="https://x.com/mkhammer/status/2069898762428805208?ref_src=twsrc%5Etfw">June 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/06/25/only-fools-gloat/">Only Fools Gloat</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[BillMelugin_/X]]></media:credit>
		<media:description type="html"><![CDATA[Hakeem Jeffries loses candidates]]></media:description>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/Jeffries-6-25-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Keith E. Whittington</name>
							<uri>https://reason.com/people/keith-e-whittington/</uri>
					</author>
					<title type="html"><![CDATA[
				Academic Freedom Podcast Returns			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/academic-freedom-podcast-returns/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390260</id>
		<updated>2026-06-25T13:21:34Z</updated>
		<published>2026-06-25T13:21:34Z</published>
			<category scheme="https://reason.com/latest/" term="Academic Freedom" />		<summary type="html"><![CDATA[Conversation with Brian Soucek about his book, institutional neutrality, and DEI]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/academic-freedom-podcast-returns/">
			<![CDATA[<p>A new episode of the <a href="https://academicfreedom.podbean.com/" data-mrf-link="https://academicfreedom.podbean.com/">Academic Freedom Podcast</a> has been released. The podcast is sponsored by the <a href="https://academicfreedom.org/" data-mrf-link="https://academicfreedom.org/">Academic Freedom Alliance</a> and the <a href="https://law.yale.edu/centers-and-workshops/center-academic-freedom-and-free-speech" data-mrf-link="https://law.yale.edu/centers-and-workshops/center-academic-freedom-and-free-speech">Center for Academic Freedom and Free Speech</a> at Yale Law School.</p>
<p>This episode features a conversations with <a href="https://law.ucdavis.edu/people/brian-soucek">Brian Soucek</a>, of UC-Davis Law and the AAUP. Brian has been a leading scholarly critic of the new wave of a institutional neutrality policies and defender of the compatibility of DEI policies with academic freedom commitments. He now has a new book that brings those themes together in <em><a href="https://press.uchicago.edu/ucp/books/book/chicago/O/bo258248842.html">The Opinionated University: Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education</a></em>.</p>
<p><a href="https://www.podbean.com/ew/pb-pawh4-1af56fe">In the new podcast episode</a>, we discuss the mission of the university and its relationship with academic freedom, diversity initiatives in universities relating to faculty hiring and promotion, and institutional speech by university leaders and faculty bodies such as university departments. I've been on the opposite side of Brian on many of those issues, such as <a href="https://kewhitt.scholar.princeton.edu/sites/g/files/toruqf3716/files/documents/Value%20of%20Institutional%20Neutrality%20for%20Free%20Inquiry%20FALR%20published.pdf">institutional neutrality</a> and <a href="https://digitalcommons.unl.edu/nlr/vol103/iss4/4/">diversity statements</a>. A useful and enlightening conversation. <a href="https://www.podbean.com/ew/pb-pawh4-1af56fe">Give it a listen here</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/academic-freedom-podcast-returns/">Academic Freedom Podcast Returns</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[
				Mayor and Fire Chief Calling Union Leaders "Punk Ass White Boys" and "Racist" Was Labor Law Violation			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/mayor-and-fire-chief-calling-union-leaders-punk-ass-white-boys-and-racist-was-labor-law-violation/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8390244</id>
		<updated>2026-06-25T05:55:54Z</updated>
		<published>2026-06-25T12:01:44Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[From the Ohio State Employment Relations Board in In re City of Youngstown, decided in December by Chair W. Craig&#8230;
The post Mayor and Fire Chief Calling Union Leaders &#34;Punk Ass White Boys&#34; and &#34;Racist&#34; Was Labor Law Violation appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/mayor-and-fire-chief-calling-union-leaders-punk-ass-white-boys-and-racist-was-labor-law-violation/">
			<![CDATA[<p>From the Ohio State Employment Relations Board in <em><a href="https://serb.ohio.gov/wps/wcm/connect/gov/19d67988-9e6b-4d87-9f8a-0dc246cb6bc8/2024-ULP-10-0137+Order+and+Opinion.pdf?MOD=AJPERES&amp;CONVERT_TO=url&amp;CACHEID=ROOTWORKSPACE.Z18_79GCH8013HMOA06A2E16IV2082-19d67988-9e6b-4d87-9f8a-0dc246cb6bc8-pTCsXna">In re City of Youngstown</a></em>, decided in December by Chair W. Craig Zimpher, Vice Chair Sandra Drabik Collins, and Board Member Robert Walter, but just posted on Westlaw:</p>
<blockquote>
<ol>
<li>City violated <a href="https://codes.ohio.gov/ohio-revised-code/section-4117.11">RC 4117.11(A)(1)</a> when Fire Chief yelled at, physically threatened, uttered racially oriented names (i.e., "punk ass white boys"), and accused Union President and Vice President of being "racist" when they requested information about, and demanded to bargain over, effects of offering EMT class to bargaining unit employees, constituting restraint and coercion in exercise of rights guaranteed to them.</li>
<li>City violated RC 4117.11(A)(1) when Mayor publicly labeled two Union leaders as being racist for engaging in lawful actions, likely causing reputational harm, and restraining their continued protected activity.</li>
<li>City violated RC 4117.11(A)(3) when Mayor condoned Fire Chief's conduct and ratified his views in media. More likely than not, this led to negative characterization of Captains by at least one citizen and at least one Union member. This, in turn, caused each official to have to defend his reputation for merely exercising his duty as Union officer. This reputational harm constituted a change in conditions of employment for Union President and Vice President, because Mayor's conduct specifically harmed their protected right to maintain their good reputation&hellip;.</li>
</ol>
</blockquote>
<p><span id="more-8390244"></span></p>
<p>The relevant statutory provisions, from Ohio Rev. Code 4117.11, read:</p>
<blockquote><p>(A) It is an unfair labor practice for a public employer, its agents, or representatives to:</p>
<p>(1) Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Chapter 4117. of the Revised Code or an employee organization in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances; &hellip;</p>
<p>(3) Discriminate in regard to hire or tenure of employment or any term or condition of employment on the basis of the exercise of rights guaranteed by Chapter 4117. of the Revised Code&hellip;.</p></blockquote>
<p>The Board adopted the proposed order from Administrative Law Judge Raymond Geis, which concluded in part:</p>
<blockquote><p>Respondent sent an email to all employees announcing that an emergency medical technician "EMT" class would be offered to all firefighters. Respondent did not share any information ahead of time with the Union about the class before the general announcement. Sign-up for the class was voluntary. Then-Union President Racco and Vice President ("VP") Thomas requested a meeting to discuss the EMT class offering and discuss how it may affect the firefighters' terms and conditions of employment. During a September 6, 2024, meeting, the Union demanded to bargain effects of the EMT class offering including, <em>inter alia</em>, scheduling/sign-up, compensation for attendance, and compensation for members filling in for attendees' regular posts.</p>
<p>In response, Respondent's agent, Chief Finley, called the Union Leaders 'punk ass white boys' and 'little white bitches,' said that he was 'tired of you white boys,'. He accused the Union Leaders of only wanting to negotiate because Chief Finley was black, and accused the Union Leaders of being racist, then proceeded to state, 'I am so tired of you white boys constantly coming after me for no reason and it just never stops,' After VP Thomas responded that he was not a racist, he told VP Thomas, '[y]ou know who always says that, a racist.'</p>
<p>Chief Finley further stated that he didn't have to bargain anything about the EMT class because it was voluntary. Chief Finley was yelling his comments and stood up across the table in a manner reasonably perceived to create an apprehension of assault. It took two deputy law directors to get the Chief to leave the room. This demonstrates that the Chief lost emotional self-control, without legal provocation, during a legitimate collective bargaining meeting.</p>
<p>Respondent's Mayor ratified Chief Finley's conduct when he spoke with a reporter for <em>The Vindicator </em>and in the resulting article, stated that the union leaders disrespected him as "an African-American fire chief", and by stating "there's some racial issues there" and indicating the white union officials don't recognize that they are being racist toward him&hellip;.</p>
<p>Neither Racco nor Jordan ran for reelection to their Union officer positions due in substantial part to reasonably perceived reputational harm from media coverage of the dispute exacerbated by the Mayor's comments. The Mayor's comments to the <em>The Vindicator </em>effectively excused Chief Finley's conduct during a bargaining meeting and falsely labeled the Union as racially prejudiced because it sought relevant information and demanded to bargain with Respondent (even though these acts constituted lawful exercise of its rights guaranteed under R.C. 4117)&hellip;.</p>
<p>[T]he record conclusively establishes that the Chief's conduct overwhelmingly steered the meeting off course and undermined any possibility of sharing information and/or reaching agreement. Chief Finley's comments standing alone are inherently coercive and are reasonably calculated to frustrate collective bargaining and/or assertion of collective bargaining rights.</p>
<p>The Mayor's public justification of Chief Finley's conduct and ratification of his view that the union leaders were being "racist" was discriminatory toward Racco and Thomas solely due to their status as Union officers. But for the men's role as union representatives asserting protected rights on behalf of those they represent, their reputation would not have been besmirched by Chief Finley or the Mayor. These Union men's terms and conditions of employment uniquely suffered because their legal right to maintain their reputation was infringed without cause, while no other employees faced a similar degradation.</p>
<p>These events caused Racco and Thomas to reasonably perceive harm to reputation such that neither man sought reelection as a Union officer. The current Union president credibly testified to difficulties in recruiting members to fill the ranks of its executive board due to members' perceptions of how Racco and Thomas were treated.</p>
<p>This chilling effect upon recruitment and participation of bargaining unit members as Union officers was a reasonably foreseeable consequence of the mayor's public ratification of Chief Finley's views and his conduct in response to the Union's legal assertion of its protected legal rights. The Mayor and Finley committed <em>per se </em>violations of R.C. 4117.11 by, in effect, stating the Union and its leaders were racist for requesting information and demanding to bargain. This was done in spite of the fact that R.C. Chapter 4117. confers rights by one's status as a public employee (or public employer) without regard to race - period&hellip;.</p></blockquote>
<p>And the board ordered the city to, among other things,</p>
<blockquote><p>Refrain from yelling at union officers, making physically threatening gestures toward union officials, making racially oriented insults toward union officers, and accusing union officers of racism during meetings and communications which specifically arise from the statutory obligation to bargain in good faith &hellip;.</p></blockquote>
<p>I'm not sure this is correct as a matter of labor law, or consistent with the Mayor's First Amendment rights as an elected official to express his views (see <em><a href="https://scholar.google.com/scholar_case?case=6883962433274664394">Bond v. Floyd (1966)</a></em>). But in any event I thought it worth noting; for a post about a loosely similar case, see <a href="https://reason.com/volokh/2025/06/23/did-elected-officials-violate-first-amendment-by-orchestrating-public-criticism-of-and-racism-allegations-against-their-critic/">Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?</a></p>
<p>For more on the story, see the <a href="https://www.vindy.com/news/local-news/2026/01/firefighters-drop-suit-against-brown-matter-likely-isnt-done/">Vindicator (David Skolnick)</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/mayor-and-fire-chief-calling-union-leaders-punk-ass-white-boys-and-racist-was-labor-law-violation/">Mayor and Fire Chief Calling Union Leaders &quot;Punk Ass White Boys&quot; and &quot;Racist&quot; Was Labor Law Violation</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: June 25, 1997			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/06/25/today-in-supreme-court-history-june-25-1997-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8336988</id>
		<updated>2025-07-12T05:23:46Z</updated>
		<published>2026-06-25T11:00:10Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[6/25/1997: City of Boerne v. Flores is decided. &#160;
The post Today in Supreme Court History: June 25, 1997 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/06/25/today-in-supreme-court-history-june-25-1997-7/">
			<![CDATA[<p>6/25/1997: <a href="https://conlaw.us/case/city-of-boerne-v-flores-1997/">City of Boerne v. Flores</a> is decided.</p>
<p><iframe loading="lazy" title="&#x2696; Section 5 of the Fourteenth Amendment | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/SjzQDcTKpig?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/06/25/today-in-supreme-court-history-june-25-1997-7/">Today in Supreme Court History: June 25, 1997</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Damon Root</name>
							<uri>https://reason.com/people/damon-w-root/</uri>
						<email>damon.root@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				10 Big Supreme Court Cases To Go			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/10-big-supreme-court-cases-to-go/" />
		<id>https://reason.com/?p=8390159</id>
		<updated>2026-06-24T21:02:10Z</updated>
		<published>2026-06-25T11:00:06Z</published>
			<category scheme="https://reason.com/latest/" term="Eminent Domain" /><category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Judiciary" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[Plus: The Kelo debacle turns 21.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/06/25/10-big-supreme-court-cases-to-go/">
			<![CDATA[		<div class="img-wrap">
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		<p>Greetings and welcome to the latest edition of the <em>Injustice System</em> newsletter. The month of June is rapidly coming to a close, and the U.S. Supreme Court has officially begun its mad dash to the finish line, aiming to release all opinions in argued cases by either the end of the month or—judicial vacation plans permitting—by sometime in early July.</p>
<p>How are the justices doing in terms of the workload? Well, a little over a month ago, I <a href="https://reason.com/2026/05/07/11-big-scotus-cases-that-will-be-decided-soon/">wrote about</a> the "11 big cases that I'll be watching out for in the weeks ahead." As of this writing, a whopping <em>one</em> of those 11 has been decided. I was a history major back in college, so I'll let you do the math.</p>
<p>We're expecting more opinions today. Which means that by the time you're reading this newsletter, we may already be dealing with momentous rulings on issues ranging from <a href="https://reason.com/2026/01/15/eyes-on-gorsuch-as-scotus-weighs-transgender-student-athlete-bans/">state bans on transgender student athletes</a> to the <a href="https://www.supremecourt.gov/docket/docketfiles/html/public/24-1046.html">reach</a> of the Second Amendment's right to keep and bear arms to the constitutionality of <a href="https://reason.com/2026/03/24/mail-in-ballots-the-2026-election-and-the-supreme-court/">mail-in ballots</a> that were sent by election day but not received until after election day.</p>

<p>And then there is the none-too-small matter of executive power. If any single issue is going to define this rambunctious 2025–26 SCOTUS term, then the debate over the proper scope of presidential power is probably it. The showdown over birthright citizenship, for instance, all started with an executive order from President Donald Trump that purported to do what the text and history of the Birthright Citizenship Clause <a href="https://reason.com/2026/03/31/trumps-unconstitutional-attack-on-birthright-citizenship-finally-reaches-the-supreme-court/">do not permit</a> the president to do. So in addition to being a case about the original meaning of the 14th Amendment, <em>Trump v. Barbara</em> is also a case about executive authority.</p>
<p>Meanwhile, executive power is truly front and center in <em>Trump v. Slaughter </em>and <em>Trump v. Cook</em>, each of which deals with the scope of presidential control over the leadership of "independent" federal agencies. Trump seems likely to win at least one of these cases, with a majority of the Court <a href="https://reason.com/2025/12/09/scotus-sounds-ready-to-let-trump-fire-ftc-commissioner-rebecca-slaughter/">seeming likely</a> to allow him to fire a commissioner of the Federal Trade Commission for purely political reasons, rather than "for cause," as the law, and perhaps <a href="https://reason.com/2025/09/25/scotus-is-now-poised-to-overrule-humphreys-executor-a-1935-precedent-limiting-presidential-power/">soon-to-be-overruled</a> Supreme Court precedent, currently require. That's <em>Trump v. Slaughter</em>.</p>
<p><em>Trump v. Cook</em> is a horse of different color. In this case, Trump seeks to fire a member of the Federal Reserve's Board of Governors "for cause," yet whether or not his <a href="https://reason.com/2025/08/28/will-scotus-let-trump-fire-lisa-cook-from-the-federal-reserve/">purported cause</a> for firing her actually satisfies the "for cause" requirement in federal law is <a href="https://reason.com/2026/01/22/brett-kavanaugh-says-trump-threatens-federal-reserve-independence/">far from settled</a>. I can imagine Trump losing this one. But you never know.</p>
<h1><strong>In Other Legal News</strong></h1>
<p>This week marks an unhappy anniversary in American legal history. On June 23, the case of <em>Kelo v. City of New London</em> (2005) turned 21 years old. That's the case in which a 5–4 Supreme Court let a local government bulldoze a thriving neighborhood so that private developers would have a blank slate on which to build, all in the hopes of increasing the local tax base.</p>
<p>The constitutional question at the heart of <em>Kelo</em> was whether this use of eminent domain was lawful under the Fifth Amendment, which says that private property may only be taken by the government for a "public use," a term that has traditionally been understood to cover things such as roads, bridges, tunnels, and parks.</p>
<p>Writing for the majority, Justice John Paul Stevens embraced a far more elastic concept that appears nowhere in the text of the Constitution. "The disposition of this case," Stevens asserted, "turns on the question whether the City's development plan serves a 'public purpose.' Without exception," he declared, "our cases have defined that concept broadly, reflecting our longstanding policy of deference to legislative judgments in this field."</p>
<p>How did that <a href="https://reason.com/2015/06/23/the-kelo-debacle-turns-10/">misguided judicial deference</a> work out in the end? The homeowners got the boot, the neighborhood was razed, and then the entire redevelopment scheme fell apart. Nothing was ever built. In 2011, local officials urged residents to use the location as a dumpsite for storm debris from Hurricane Irene. And last I checked, the once-attractive neighborhood was still a barren lot.</p>
<p>Sometimes the Supreme Court gets it right. The <em>Kelo</em> debacle is a reminder that sometimes the Court gets it disastrously wrong.</p>
<p>The post <a href="https://reason.com/2026/06/25/10-big-supreme-court-cases-to-go/">10 Big Supreme Court Cases To Go</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Adam Omary</name>
							<uri>https://reason.com/people/adam-omary/</uri>
					</author>
					<author>
			<name>Jeffrey A. Singer</name>
							<uri>https://reason.com/people/jeffrey-a-singer/</uri>
						<email>dr4liberty@aol.com</email>
					</author>
					<title type="html"><![CDATA[
				Prohibition Didn't Stop Marijuana Use. It Stopped Marijuana Research.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/06/25/prohibition-didnt-stop-marijuana-use-it-stopped-marijuana-research/" />
		<id>https://reason.com/?p=8389653</id>
		<updated>2026-06-24T20:26:56Z</updated>
		<published>2026-06-25T10:30:32Z</published>
			<category scheme="https://reason.com/latest/" term="Cannabis Research" /><category scheme="https://reason.com/latest/" term="Drugs" /><category scheme="https://reason.com/latest/" term="Marijuana" /><category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Science" /><category scheme="https://reason.com/latest/" term="DEA" /><category scheme="https://reason.com/latest/" term="FDA" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Prohibition" />		<summary type="html"><![CDATA[Rescheduling marijuana will make it easier to study a drug that tens of millions of Americans already use. ]]></summary>
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		<p><span style="font-weight: 400;">On June 29, the Drug Enforcement Administration (DEA) will </span><a href="https://www.federalregister.gov/documents/2026/04/28/2026-08177/schedules-of-controlled-substances-rescheduling-of-marijuana"><span style="font-weight: 400;">convene a hearing</span></a><span style="font-weight: 400;"> to consider whether marijuana should finally be removed from </span><a href="https://www.congress.gov/crs-product/R45948"><span style="font-weight: 400;">Schedule I</span></a><span style="font-weight: 400;"> of the Controlled Substances Act, the federal government's most restrictive drug classification, reserved for substances with a high potential for abuse and no accepted medical use. Heroin and LSD are in the same category. This hearing will determine whether restrictions will be eased on marijuana as a whole.  </span></p>
<p><span style="font-weight: 400;">It's a strikingly late debate to be having. </span></p>
<p><span style="font-weight: 400;">The proceedings, which must conclude by July 15, follow an April order from the Department of Justice that </span><a href="https://www.justice.gov/opa/pr/justice-department-places-fda-approved-marijuana-products-and-products-containing-marijuana"><span style="font-weight: 400;">moved</span></a><span style="font-weight: 400;"> marijuana products approved by the Food and Drug Administration (FDA) and state-licensed medical marijuana into Schedule III, a less restrictive category that allows medical research to proceed. Tens of millions of Americans use marijuana today, and cannabis is sold legally in some form across most of the country. Yet we know far less about the drug than its ubiquity would suggest. For more than half a century, a classification that was </span><a href="https://www.cato.org/blog/correcting-some-mistakes-cops-make-when-practicing-medicine"><span style="font-weight: 400;">never meant to be permanent</span></a><span style="font-weight: 400;"> has blocked the research needed to understand what marijuana actually does to the people who use it.</span></p>
<p><span style="font-weight: 400;">The origin of this problem is political, not scientific. When Congress passed the Controlled Substances Act in 1970, marijuana's placement in Schedule I was explicitly provisional, a placeholder pending review by a presidential commission. The Shafer Commission, chaired by a Republican governor and composed largely of President Richard Nixon's appointees, </span><a href="https://ia800508.us.archive.org/28/items/marihuanasignalo00unit/marihuanasignalo00unit.pdf"><span style="font-weight: 400;">concluded</span></a><span style="font-weight: 400;"> in 1972 that marijuana did not meet the criteria for Schedule I and recommended decriminalizing personal possession. Nixon ignored the report and escalated the war on drugs. The provisional classification became permanent by default. Since 1965, an estimated </span><a href="https://norml.org/blog/2024/01/09/updated-norml-report-highlights-over-2-3-million-marijuana-related-expungements/"><span style="font-weight: 400;">29 million Americans</span></a><span style="font-weight: 400;"> have been arrested on marijuana charges, roughly 90 percent of them for possession alone.</span></p>
<p><span style="font-weight: 400;">The most damaging consequence of Schedule I, however, has not been to cannabis users, who have gained access through state legalization, but to the research enterprise. Schedule I substances face the most restrictive regulatory barriers under federal law, including heightened DEA registration requirements, limited sourcing options, and protocol approvals that materially delay or deter research. Even DEA-registered researchers have been barred from using certain National Institutes of Health grants to purchase cannabis. The products available from government-approved suppliers have not represented the full range of what people actually consume at dispensaries. The classification, in effect, impedes research into drug safety, leaving the millions of cannabis users it claims to protect less informed than they would otherwise be.</span></p>
<p><span style="font-weight: 400;">And there is plenty we need to know. The strongest evidence of risk concerns psychosis, especially in young users. A </span><a href="https://www.thelancet.com/article/S2215-0366(19)30048-3/fulltext"><span style="font-weight: 400;">multisite study</span></a><span style="font-weight: 400;"> published in </span><i><span style="font-weight: 400;">The Lancet Psychiatry</span></i><span style="font-weight: 400;">, drawing on data from 901 patients with first-episode psychosis across 11 European sites, found that daily cannabis use was associated with more than three times the odds of a psychotic disorder, rising to nearly five times for users of high-potency products containing over 10 percent THC, the primary psychoactive compound in marijuana. The authors estimated that one in five new psychosis cases across the study sites could be attributed to daily use. A </span><a href="https://www.thelancet.com/journals/lanpsy/article/PIIS2215-0366(22)00161-4/abstract"><span style="font-weight: 400;">2022 systematic review</span></a><span style="font-weight: 400;"> of 20 studies covering nearly 120,000 cannabis users confirmed that higher-potency products are associated with elevated risk of both psychosis and cannabis use disorder.</span></p>
<p><span style="font-weight: 400;">The biological mechanism is plausible and concerning, particularly for young people. Adolescence is a critical window for brain development, marked by extensive </span><a href="https://en.wikipedia.org/wiki/Synaptic_pruning"><span style="font-weight: 400;">synaptic pruning</span></a><span style="font-weight: 400;"> and the maturation of prefrontal circuits governing impulse control and decision making. The endocannabinoid system, the molecular network that THC activates, plays an essential role in these </span><a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC2931552/"><span style="font-weight: 400;">developmental processes</span></a><span style="font-weight: 400;">. A </span><a href="https://psychiatryonline.org/doi/10.1176/appi.ajp.20250444"><span style="font-weight: 400;">2025 review</span></a><span style="font-weight: 400;"> in the </span><i><span style="font-weight: 400;">American Journal of Psychiatry </span></i><span style="font-weight: 400;">concluded that translational research combining longitudinal neuroimaging with animal models provides compelling evidence that frequent cannabis use, particularly high-THC products, can disrupt adolescent brain development.</span></p>
<p><span style="font-weight: 400;">Meanwhile, the potency of commercially available cannabis has been rising steadily for decades, with average THC concentrations </span><a href="https://www.cannabisandhealth.org/wp-content/uploads/researchlibrary/Changes-in-delta-9-tetrahydrocannabinol-THC-and-cannabidiol-CBD-concentrations-in-cannabis-over-time.pdf"><span style="font-weight: 400;">increasing</span></a><span style="font-weight: 400;"> by roughly 0.29 percent per year from 1970 to 2017. That trend aligns with what drug-policy analysts sometimes call the "</span><a href="https://filtermag.org/infographic-the-iron-law-of-prohibition/"><span style="font-weight: 400;">iron law of prohibition</span></a><span style="font-weight: 400;">": When enforcement intensifies, producers and traffickers have incentives to favor more concentrated and potent products that are easier to transport, conceal, and distribute while generating greater returns relative to the legal risks involved. Today's dispensary products bear little resemblance to the marijuana the Shafer Commission evaluated in 1972.</span></p>
<p><span style="font-weight: 400;">Prohibition may make youth cannabis access easier rather than harder. Illegal markets do not check identification, whereas licensed retailers risk losing their licenses for selling to minors. As long as recreational marijuana remains confined to illicit channels, teenagers will continue to obtain cannabis from suppliers who face no meaningful incentive to restrict underage access. It would be safer to have a legal market with age restrictions on marijuana sales, as with alcohol, nicotine, and other adult products.</span></p>
<p><span style="font-weight: 400;">Public opinion has moved faster than federal policy. According to a </span><a href="https://www.pewresearch.org/short-reads/2025/07/08/facts-about-marijuana/"><span style="font-weight: 400;">Pew Research Center survey</span></a><span style="font-weight: 400;"> conducted in January 2026, roughly nine in 10 American adults say marijuana should be legal in some form: 55 percent support legalization for both medical and recreational use, 33 percent support it for medical use only, and just 11 percent say it should not be legal at all. A </span><a href="https://news.gallup.com/poll/697445/americans-positive-progress-drugs.aspx"><span style="font-weight: 400;">2025 Gallup poll</span></a><span style="font-weight: 400;"> found that 64 percent of Americans support making marijuana legal outright, more than double the level of support recorded in 2000, with no age group opposing legalization. Forty states, the District of Columbia, and several U.S. territories have </span><a href="https://www.congress.gov/crs-product/IF12270"><span style="font-weight: 400;">legalized</span></a><span style="font-weight: 400;"> medical cannabis, and 24 states have legalized recreational use. More than 6 million patients are registered in state medical programs. Yet the federal classification persists, and so does the debate over whether and how to reform it.</span></p>
<p><span style="font-weight: 400;">The debate is not entirely one-sided. While Americans overwhelmingly support medical access, views on the broader consequences are more divided. According to a </span><a href="https://www.pewresearch.org/politics/2024/03/26/most-americans-favor-legalizing-marijuana-for-medical-recreational-use/"><span style="font-weight: 400;">2024 Pew report</span></a><span style="font-weight: 400;">, 34 percent of adults said recreational legalization makes communities less safe, compared to 21 percent who said it makes them safer. About 29 percent believed it increases the use of harder drugs. These concerns are not irrational. But the current federal framework is poorly suited to resolving them, because the same classification system that is supposed to protect public health has, for decades, prevented the research that would tell us how worried we should actually be.</span></p>
<p><span style="font-weight: 400;">The medical marijuana system itself reflects a broader American tendency to force adult behavioral choices through </span><a href="https://www.cato.org/blog/gatekept-overprescribed-strange-economics-psychiatric-medication"><span style="font-weight: 400;">medical gatekeeping structures</span></a><span style="font-weight: 400;">. Millions of adults who simply want legal access to cannabis are effectively required in many jurisdictions to obtain physician certification for conditions that may be only loosely medicalized. When legal access to products, services, accommodations, or reimbursement </span><a href="https://www.cato.org/blog/how-american-healthcare-system-rewards-psychiatric-overdiagnosis"><span style="font-weight: 400;">depends</span></a><span style="font-weight: 400;"> upon obtaining a medical diagnosis, the boundary between illness and ordinary human behavior can become increasingly blurred. The physician's role shrinks to that of regulatory intermediary, and with it collapses any meaningful distinction between medical treatment and adult lifestyle choice.</span></p>
<p><span style="font-weight: 400;">Schedule I classification has not stopped tens of millions of Americans from using marijuana, but it has made it extraordinarily difficult for scientists to study what happens when they do. The federal government has spent decades trying to suppress marijuana use while simultaneously obstructing the research needed to understand risks, benefits, dosing patterns, and long-term effects. Prohibition has not prevented widespread cannabis consumption. It has mainly ensured that policymakers, physicians, and consumers operate with less reliable evidence than they otherwise would.</span></p>
<p><span style="font-weight: 400;">Even so, the scientific case for medical cannabis has only strengthened. The FDA has </span><a href="https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process"><span style="font-weight: 400;">approved</span></a><span style="font-weight: 400;"> one cannabis-derived drug (Epidiolex for severe pediatric epilepsy) and three cannabis-related synthetic compounds for chemotherapy-induced nausea and AIDS-associated wasting. A </span><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11628280/"><span style="font-weight: 400;">2024 systematic evidence map</span></a><span style="font-weight: 400;"> reviewing 194 studies found that the majority of treatment effects across 71 distinct health outcomes were positive or potentially positive, with the strongest evidence for chronic pain, nausea, and spasticity. The Department of Health and Human Services recommended rescheduling in 2023, citing credible scientific support for medical use. In other words, the agency responsible for evaluating drug safety concluded that the government's own classification was wrong.</span></p>
<p><span style="font-weight: 400;">Rescheduling marijuana to Schedule III </span><a href="https://www.cato.org/blog/schedule-iii-cannabis-rearranging-prohibition"><span style="font-weight: 400;">does not legalize</span></a><span style="font-weight: 400;"> recreational use. It does not make cannabis available over the counter. What it does is substantially reduce the regulatory barriers to the research that informed policy requires. It will allow scientists to study the products people actually use, at the doses they actually consume, without years of DEA paperwork. President Donald Trump's </span><a href="https://www.hoganlovells.com/en/publications/what-trumps-executive-order-means-for-cannabis-research"><span style="font-weight: 400;">December 2025 executive order</span></a><span style="font-weight: 400;"> directing the attorney general to expedite rescheduling acknowledged as much, citing the need to remove barriers to medical research. If this summer's hearing ends with marijuana as a whole in Schedule III, the research pipeline severed in 1972 can finally begin to be rebuilt.</span></p>
<p><span style="font-weight: 400;">Adults in a free society should be able to make informed choices about what they put in their bodies. But informed choice depends on information, and for half a century, the federal government has made it nearly impossible to generate the information needed to make those choices genuinely informed. </span></p>
<p>The post <a href="https://reason.com/2026/06/25/prohibition-didnt-stop-marijuana-use-it-stopped-marijuana-research/">Prohibition Didn&#039;t Stop Marijuana Use. It Stopped Marijuana Research.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Artitwpd/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Research scientist]]></media:description>
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