Publications

To his great credit, Donald Trump has appointed a lot of very good judges, and very good judges follow the law, the Constitution, and the limits of legislation. 

But the Trump administration will win some and will lose some. When they lose, it won’t be a “judicial insurrection.” Republicans should be very careful about joining Democrats in undermining faith in our judicial system. And Stephen Miller probably needs to go on blood pressure medicine.

The shutdown is a symptom of something deeper: Congress no longer functions. We are operating as if we have only two branches of government. Presidents attempt to rule by a flurry of decrees and orders, courts eventually strike most of them down, and Congress remains catatonic.

There is something very wrong with FCC Chairman Carr using government power to pressure companies into appeasing the Trump administration.

The concept of hate speech is harmful because it is open to capricious definition and application. Conservatives and libertarians rightly reject it.

So long as Democrat-run cities and states pursue policies that punish work, investment, family creation and business formation, they had better get used to losing on redistricting.

If/when the Trump tariffs are found to be unconstitutional, those who have paid unconstitutional tariffs will be entitled to refunds.

. . . can we begin to talk about immigration reform?

We still need a federal moratorium on state AI regulation until Congress and the courts establish clear rules that protect property rights while otherwise not restricting AI innovation.

Because the problem, as always, is spending. Federal revenue grows at a remarkably steady pace. It’s reasonably predictable. But there is no political will to control spending, and that includes President Trump, who urged Republicans against further spending cuts.

Implementing MFN for Medicaid drug reimbursement would be a long-term structural disaster in exchange for perceived short-term benefits. There are better ways to address our entitlements crisis, and Congress should pursue them.