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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
	<rights>(c) Reason</rights>
	<updated>
		2026-05-02T11:20:40Z	</updated>

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	<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Multi-Figure Verdicts"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/02/multi-figure-verdicts/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380374</id>
		<updated>2026-05-02T15:20:40Z</updated>
		<published>2026-05-02T15:20:40Z</published>
					<summary type="html"><![CDATA[I am certain that this claim is accurate.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/02/multi-figure-verdicts/">
			<![CDATA[<p>Spotted on a lawyer's web site:</p> <p><img fetchpriority="high" decoding="async" class="alignnone size-full wp-image-8380375" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/MultiFigureVerdicts.jpg" alt="" width="520" height="200" srcset="https://reason.com/wp-content/uploads/2026/05/MultiFigureVerdicts.jpg 520w, https://reason.com/wp-content/uploads/2026/05/MultiFigureVerdicts-300x115.jpg 300w" sizes="(max-width: 520px) 100vw, 520px" /></p> <p>To be fair, the lawyer was apparently <a href="https://topverdict.com/lists/2023/united-states/top-10-truck-accident-settlements">one of the lawyers</a> on what would commonly be called a low eight-figure settlement ($11M), and the lawyer's site mentions a couple of similarly sized verdicts, one later on the same page and one or another page. It thus seems more like a funny glitch than a telling error. On the other hand, the lawyer has recently been sanctioned for AI hallucinations in a filing written by an associate but also signed by the lawyer.</p><p>The post <a href="https://reason.com/volokh/2026/05/02/multi-figure-verdicts/">&quot;Multi-Figure Verdicts&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Finds AI Hallucinations in Filing by Former State Senate Candidate			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/02/court-finds-ai-hallucinations-in-filing-by-former-state-senate-candidate/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380339</id>
		<updated>2026-05-01T19:50:14Z</updated>
		<published>2026-05-02T12:01:54Z</published>
			<category scheme="https://reason.com/latest/" term="AI in Court" />		<summary type="html"><![CDATA[From Jimenez-Fogarty v. Fogarty, decided Wednesday by Magistrate Gabriel W. Gorenstein (S.D.N.Y.); Lindsay had run for the N.Y. State Senate&#8230;
The post Court Finds AI Hallucinations in Filing by Former State Senate Candidate appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/02/court-finds-ai-hallucinations-in-filing-by-former-state-senate-candidate/">
			<![CDATA[<p>From <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.631979/gov.uscourts.nysd.631979.192.0.pdf"><em>Jimenez-Fogarty v. Fogarty</em></a>, decided Wednesday by Magistrate Gabriel W. Gorenstein (S.D.N.Y.); Lindsay <a href="https://ballotpedia.org/Tricia_Lindsay">had run for the N.Y. State Senate</a> in 2024:</p>
<blockquote><p>Tricia S. Lindsay, attorney for plaintiff Sai Malena Jimenez-Fogarty, responded to two motions to dismiss by filing a pair of memoranda of law that cited to numerous nonexistent cases. In response, the Court ordered Lindsay to show cause why she should not be sanctioned for her misleading filings. Upon consideration of Lindsay's response to these orders, we find that she should be sanctioned in the amount of $2,500.00 &hellip;.</p>
<p>[T]wo briefs were signed by Lindsay, and each contained a number of fabricated citations. When we say "fabricated," we do not mean citations that arguably contain typographical errors—for example, Lindsay's citations to cases that exist and support the propositions for which they were cited but are not located in the volume or at the page of the reporter (or database identifier) given. Similarly, we exclude any otherwise correct citations that give the wrong case name. We also exclude those instances where the cited case covers the same topic as the proposition for which it is cited but where the case's holding is completely mischaracterized, although such a citation is itself grossly misleading and perhaps deserving of sanctions.</p>
<p>Instead, we consider only citations to cases that cannot be located at all by name—or that were not located where Lindsay said they were and have nothing to do with the propositions for which they were cited—thus showing that the citations were completely made up. The following are descriptions of some of the fabricated citations [listing seven items -EV] &hellip;.</p>
<p>Lindsay's response to being alerted to the fabricated citations did not follow the typical pattern in cases where courts have called upon attorneys to explain the presence of fabricated citations in their papers. The Court's first OSC [Order to Show Cause] specifically ordered Lindsay to provide "a complete and detailed description of the process of the drafting of the two memoranda of law." While most attorneys provide such an explanation, which often involves an admission of reliance on artificial intelligence ("AI") platforms, Lindsay's brief sworn statement in response offers only airy generalities and conclusory statements. Her response contains no coherent explanation for how the two memoranda of law came to contain the fabricated citations. The most basic questions—most obviously: <em>what was the source of the fabricated citations</em>?—are never answered.</p></blockquote>
<p><span id="more-8380339"></span></p>
<blockquote><p>Thus, Lindsay states merely that she "follow[s] a structured and diligent process designed to ensure accuracy, thoroughness, and compliance with all applicable legal and ethical standards." Bizarrely, she then discusses her "typical" process for drafting briefs without specifically attesting that this was the actual process she followed in drafting the memoranda of law at issue in this case. The clear implication of her statement, however, is that her "typical" process was followed in this case; otherwise, there would be no reason to mention it. Lindsay states that she "manually cross-check[s] case names, docket numbers, and reporter citations against the primary sources in legal databases" and verifies that "the authorities cited support the propositions for which they are referenced." Lindsay's contention that these actions occurred in this case are obviously false, however, because a "manual[ ]" check of any of the fabricated citations would have instantly shown that each citation was fake or inaccurate. Thus, while Lindsay's response acknowledges that eleven citations are inaccurate, she provides no explanation of how these citations came to be included in the memoranda of law.</p>
<p>At one point, Lindsay states that citations to "nonexistent cases" resulted from "typographical errors, misreading of secondary sources, or limitations in the search functionality of legal databases." In addition to being conclusory, this explanation makes no sense inasmuch as Lindsay never shows how "typographical errors, misreading of secondary sources, or limitations in the search functionality of legal databases" produced the "nonexistent cases" cited to in the memoranda of law. And, in any event, no explanation is made of how Lindsay's "manual[ ]" check did not reveal the nonexistent cases.</p>
<p>At another point, Lindsay emphasizes that she relied on "established legal research platforms." But that obviously did not occur here, as there is no evidence that any "established" legal research platform generates or contains fabricated citations, or that an "established" legal research platform somehow supplied the fabricated citations in the memoranda of law. Tellingly, in her initial response, Lindsay never even named what "legal research platforms" she used to draft the memoranda of law and thus never specified which one supplied her with the fabricated citations.</p>
<p>In light of the complete lack of evidence to support the claim that any "established" legal research platform could have supplied these citations, we reject this contention. As a result, there remain only two plausible explanations for the source of the fabricated citations in Lindsay's memoranda of law: a person who deliberately created them knowing they were fabricated or an AI system. Lindsay never claims that she had the assistance of any person in drafting the memoranda of law. To the contrary, her declaration states:</p>
<p>I am solely responsible for the research, drafting, and review of the memoranda at issue. While I utilize legal research databases and citation management tools to assist in my work, I do not delegate these core responsibilities to others. No <em>other individual or computer system played a substantive role in the drafting process</em> beyond the use of standard legal research and word processing software.</p>
<p>Denying she had any human help, Lindsay thus asks that Court to accept a proposition that is utterly devoid of evidence: that an "established" legal research platform created the fabricated citations.</p>
<p>In her response to Hirshowitz's filing, Lindsay for the first time states that she "routinely utilizes Lexis Nexis['s] &hellip; AI-driven features," and then states that the fabricated citations "may very well have been generated by the Lexis Nexis software during the research phase." The response, however, is devoid of any specifics as to what Lexis Nexis's "AI-driven features" she used, how they <em>actually</em> supplied any of the false citations, or any examples where Lexis Nexis's "AI-driven features" have supplied fabricated citations.</p>
<p>{In her response to the Court's second OSC addressing the applicability of Rule 11, Lindsay continued her failure to describe how the fabricated citations ended up in her brief. Instead, she stated that "the citation errors at issue were not the result of any intent to mislead the Court or opposing counsel" but rather "were isolated and inadvertent mistakes that occurred despite good faith efforts to ensure accuracy." She also states that she "reli[ed] on technology that is not immune to error" without specifying that technology.}</p>
<p>We thus find that Lindsay used an AI program that generated the fabricated citations in the memoranda of law and that Lindsay failed to check that these citations were genuine&hellip;.</p>
<p>"[C]ourts in this [C]ircuit have repeatedly found that presenting AI-generated hallucinations as valid caselaw constitutes subjective bad faith."</p>
<p>Lindsay's bad faith is also reflected in the fact that she failed to provide the "complete and detailed description of the process of the drafting of the two memoranda of law" and "detailed and complete description of the role of any individual or computer system that was involved in the drafting process" required by the Court. Her obfuscation reflects a complete lack of acceptance of responsibility, notwithstanding her assertion that she "deeply regret[s] the errors that occurred" and her claim to have "taken all reasonable steps to address and correct them." Moreover, her other representations to the Court consistently minimize her actions. <em>See</em> Resp. at 9 ("Citation errors, while regrettable, are not uncommon in complex litigation."); Lindsay Aff. ¶ 6 ("These errors &hellip; reflect the inherent challenges of legal research and citation in complex litigation, particularly when working under time constraints and with voluminous records."); Supp. Resp. at 4 ("The citation errors acknowledged by Ms. Lindsay were the result of an innocent oversight in the review process, compounded by reliance on technology that is not immune to error."). Even if Lindsay had meaningfully apologized or accepted responsibility for her conduct, "regret and apologies are not necessarily enough to avoid the imposition of sanctions for the submission of non-existent legal authority." Here of course we have no real acceptance of responsibility&hellip;.</p>
<p>Lindsay's bad faith is further reflected in the fact that she filed papers with false citations on two occasions <em>after</em> the Court issued the OSCs.</p>
<p>First, two months after the first OSC, she filed a brief in the United States Court of Appeals for the Second Circuit that contained two fabricated citations&hellip;.</p>
<p>Second, in October 2025, Lindsay filed objections to a Report and Recommendation issued by the undersigned that addressed the motions to dismiss filed by defendants. In a brief filed in opposition to the objection, Hirshowitz's counsel pointed out that Lindsay's objection contained eight false, fake, or "hallucinated" citations. These suspect citations were described at length and in detail.</p>
<p>In response, Lindsay stated that she was withdrawing the "specific &hellip; citations contained within [the objection] that defense counsel has claimed violate Rule 11" while at the same time asserting that she was doing so "without admission of liability." In other words, Lindsay again failed to own up to her errors or give any explanation of how they occurred. We have examined the eight citations in Lindsay's original objection identified by Hirshowitz's counsel and concur that they are in some cases completely fabricated.</p>
<p>Lindsay's repetition of the same mistake makes it impossible to credit her contention that the erroneous citations do not "reflect a pattern of disregard for professional obligations" and "were isolated and inadvertent mistakes that occurred despite good faith efforts to ensure accuracy." Lindsay represented that she "has taken steps to further strengthen her review protocols to ensure accuracy going forward." These unspecified efforts have turned out to be completely inadequate&hellip;.</p>
<p>Deterrence is paramount here, given Lindsay's obdurate refusal to explain how the citations came to be included in her briefs. We believe that a fine of $2,500 will serve as an appropriate deterrent, along with a requirement that she supply to her client a copy of this Opinion and Order. Additionally, it is important that other courts be aware of Linsday's repeated misconduct, which calls into question filings she has made. Thus, the Court directs that Lindsay supply a copy of this Opinion and Order to the presiding judge in each pending case where she appears as attorney of record by means of a letter filed on the docket and served on opposing counsel&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/02/court-finds-ai-hallucinations-in-filing-by-former-state-senate-candidate/">Court Finds AI Hallucinations in Filing by Former State Senate Candidate</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: May 2, 1927			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/02/today-in-supreme-court-history-may-2-1927-10/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8328887</id>
		<updated>2025-05-03T05:00:59Z</updated>
		<published>2026-05-02T11:00:33Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/2/1927: Buck v. Bell decided. &#160;
The post Today in Supreme Court History: May 2, 1927 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/02/today-in-supreme-court-history-may-2-1927-10/">
			<![CDATA[<p>5/2/1927: <a href="https://conlaw.us/case/buck-v-bell-1927/">Buck v. Bell</a> decided.</p>
<p><iframe title="&#x2696; "Personal" Liberty in the Progressive Era | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/7wvyf4-TL48?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/2026/05/02/today-in-supreme-court-history-may-2-1927-10/">Today in Supreme Court History: May 2, 1927</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>C. Jarrett Dieterle</name>
							<uri>https://reason.com/people/cjarrett-dieterle/</uri>
					</author>
					<title type="html"><![CDATA[
				Self-Checkout Is Under Fire Across the Country. Is Theft Really the Reason?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/02/self-checkout-is-under-fire-across-the-country-is-theft-really-the-reason/" />
		<id>https://reason.com/?p=8380295</id>
		<updated>2026-05-01T19:31:11Z</updated>
		<published>2026-05-02T11:00:16Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Lobbying" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Connecticut" /><category scheme="https://reason.com/latest/" term="Grocery stores" /><category scheme="https://reason.com/latest/" term="Local Government" /><category scheme="https://reason.com/latest/" term="Massachusetts" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Ohio" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Rhode Island" /><category scheme="https://reason.com/latest/" term="Washington State" />		<summary type="html"><![CDATA[The restrictions are often framed as a crime prevention measure. But the fine print points to a different motivation: adding union jobs.]]></summary>
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		<p style="font-weight: 400;">Self-checkout machines are in the crosshairs. In recent months, <a href="https://www.newsweek.com/stricter-regulations-self-checkouts-multiple-states-11869281">numerous</a> states and localities have considered legislation to curtail the use of automated checkout in grocery stores. These bills are often positioned as part of an effort to cut down on retail theft, but it appears the driving force behind them is to create more unionized jobs.</p>
<p style="font-weight: 400;">According to <em>USA Today</em>, <a href="https://www.msn.com/en-us/lifestyle/shopping-all/stricter-regulations-on-self-checkouts-to-hit-multiple-states-full-list/ar-AA21zsj4?cvid=69eb26dc69c34777b6d9d0f934990a82&amp;ocid=hpmsn" data-saferedirecturl="https://www.google.com/url?q=https://www.msn.com/en-us/lifestyle/shopping-all/stricter-regulations-on-self-checkouts-to-hit-multiple-states-full-list/ar-AA21zsj4?cvid%3D69eb26dc69c34777b6d9d0f934990a82%26ocid%3Dhpmsn&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw2QVbeFnk5ccfCFq1oDRMeR">at least six states</a> have considered rules that would restrict self-checkout machines. The states range from blue Connecticut to red Ohio, but it doesn't stop there. Two cities in California already have self-checkout limits in place, while New York City is currently <a href="https://www.nbcnewyork.com/new-york-city/nyc-grocery-store-self-checkout-limit/6478018/" data-saferedirecturl="https://www.google.com/url?q=https://www.nbcnewyork.com/new-york-city/nyc-grocery-store-self-checkout-limit/6478018/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0WTtMWL1EmhAx0xtV6Zwdb">considering</a> restrictions as well.</p>
<p style="font-weight: 400;">Self-checkout restrictions are often <a href="https://www.latimes.com/business/story/2025-10-11/long-beach-checkout-lane-ordinance" data-saferedirecturl="https://www.google.com/url?q=https://www.latimes.com/business/story/2025-10-11/long-beach-checkout-lane-ordinance&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0Q8kTorluBmOzHMaS90eiX">framed</a> as a commonsense crime prevention measure that <a href="https://mynorthwest.com/mynorthwest-politics/bill-self-checkout/4044907" data-saferedirecturl="https://www.google.com/url?q=https://mynorthwest.com/mynorthwest-politics/bill-self-checkout/4044907&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw1rXLptmI6x604Aek5xrd58">protects</a> grocery store workers and cuts back against the recent <a href="https://nrf.com/media-center/press-releases/new-study-finds-retailers-continue-to-contend-with-rising-levels-of-theft-and-violence" data-saferedirecturl="https://www.google.com/url?q=https://nrf.com/media-center/press-releases/new-study-finds-retailers-continue-to-contend-with-rising-levels-of-theft-and-violence&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw1eTNc0ZoKt2L0Rr7O4Bxbx">uptick</a> in retail theft nationwide. But when it comes to these bills, the fine print points toward a different motivation.</p>
<p style="font-weight: 400;">For instance, the Connecticut <a href="https://www.cga.ct.gov/2026/FC/PDF/2026SB-00438-R000474-FC.PDF" data-saferedirecturl="https://www.google.com/url?q=https://www.cga.ct.gov/2026/FC/PDF/2026SB-00438-R000474-FC.PDF&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw2AR6KysYuXOA1AuM9HEC19">bill</a> mandates that stores must have one employee for every two self-checkout machines, in addition to having one manual checkout station for every two automated lanes. Stores cannot go over eight self-checkout lanes total. And any employee designated with the task of supervising self-checkouts is barred from engaging in any other simultaneous duties that could interfere with such supervision.</p>
<p style="font-weight: 400;">The various bills percolating in other state capitals and city halls are all largely structured the same. A <a href="https://www.ocregister.com/2024/05/17/stop-pretending-self-checkout-ban-is-about-retail-theft/" data-saferedirecturl="https://www.google.com/url?q=https://www.ocregister.com/2024/05/17/stop-pretending-self-checkout-ban-is-about-retail-theft/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw1aKkAeFimR9zPYV7Xl20de">previous iteration</a> of California's self-checkout bill specified that any store seeking to implement technology that "significantly affects the essential job functions of its employees" or "eliminates jobs or functions" must conduct an "impact assessment" before doing so, underscoring the real impetus there.</p>
<p style="font-weight: 400;">In other words, in the name of reducing theft, these rules would functionally operate to increase the number of clerks that each store must employ at any given time. Given that the grocery industry has historically had <a href="https://newlaborforum.cuny.edu/2022/07/05/grocery-unions-under-the-gun-in-new-york-city-and-the-nation/" data-saferedirecturl="https://www.google.com/url?q=https://newlaborforum.cuny.edu/2022/07/05/grocery-unions-under-the-gun-in-new-york-city-and-the-nation/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0h2YmipfBpd-4qSoKmQvyR">higher unionization rates</a> than other retail sectors, this would translate into more unionized jobs.</p>
<p style="font-weight: 400;">If any doubt remains, one need only look at the biggest supporters of these bills. In Connecticut, all the legislative testimony <a href="https://www.cga.ct.gov/2026/JFR/S/PDF/2026SB-00438-R00LAB-JFR.PDF" data-saferedirecturl="https://www.google.com/url?q=https://www.cga.ct.gov/2026/JFR/S/PDF/2026SB-00438-R00LAB-JFR.PDF&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw2NYZRXJ_kaSg45QQalYw_0">submitted</a> in favor of restricting self-checkout came from labor unions, including representatives affiliated with AFL-CIO, Service Employees International Union (SEIU), and the United Food and Commercial Workers (UFCW), which is the largest <a href="https://www.ufcw.org/press-releases/americas-largest-union-of-essential-grocery-workers-announces-opposition-to-kroger-and-albertsons-merger/" data-saferedirecturl="https://www.google.com/url?q=https://www.ufcw.org/press-releases/americas-largest-union-of-essential-grocery-workers-announces-opposition-to-kroger-and-albertsons-merger/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw2_QtYiOCM2vYMyW0-w82No">grocery worker union</a> in the U.S. A <em>CalMatters</em> <a href="https://calmatters.digitaldemocracy.org/bills/ca_202520260sb442" data-saferedirecturl="https://www.google.com/url?q=https://calmatters.digitaldemocracy.org/bills/ca_202520260sb442&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw3TuFcGU6Cq2OauDlvNyowD">summary</a> of sponsors and opponents for California's self-checkout bill likewise shows that the majority of the bill's boosters are labor unions.</p>
<p style="font-weight: 400;"><a href="https://www.boston.com/news/local-news/2025/10/24/massachusetts-bill-takes-aim-at-grocery-store-self-checkouts/" data-saferedirecturl="https://www.google.com/url?q=https://www.boston.com/news/local-news/2025/10/24/massachusetts-bill-takes-aim-at-grocery-store-self-checkouts/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw00GHwLxjdPDU89lYxO2D61">News</a> <a href="https://mynorthwest.com/mynorthwest-politics/bill-self-checkout/4044907" data-saferedirecturl="https://www.google.com/url?q=https://mynorthwest.com/mynorthwest-politics/bill-self-checkout/4044907&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw1rXLptmI6x604Aek5xrd58">articles</a> <a href="https://insideinvestigator.org/proposed-bill-sets-limits-on-self-checkout-at-grocery-stores/" data-saferedirecturl="https://www.google.com/url?q=https://insideinvestigator.org/proposed-bill-sets-limits-on-self-checkout-at-grocery-stores/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw3BFVwZqCwug8SwJ23Z3m7F">published</a> about these bills also frequently quote UFCW reps touting their virtues. The effort to restrict self-checkout dates back to <a href="https://reason.com/2019/09/06/union-backed-ballot-initiative-would-limit-grocery-stores-to-2-self-checkout-machines/" data-saferedirecturl="https://www.google.com/url?q=https://reason.com/2019/09/06/union-backed-ballot-initiative-would-limit-grocery-stores-to-2-self-checkout-machines/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0nHVh-YJkf9AIJPAy6rWnl">at least 2019</a>, when unions in Oregon pushed a state ballot measure that would have limited groceries to two self-checkout lanes per store.</p>
<p style="font-weight: 400;">To be sure, there is evidence that self-checkout machines can result in higher shoplifting rates. One frequently-cited <a href="https://www.bluebookservices.com/study-finds-self-check-has-16x-more-shrink-than-cashier-lanes/" data-saferedirecturl="https://www.google.com/url?q=https://www.bluebookservices.com/study-finds-self-check-has-16x-more-shrink-than-cashier-lanes/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0s9Hocm2Kjmoo-Ey7tPl_V">study</a> found that so-called inventory shrink at grocery stores was 16 times more likely with self-checkout than with traditional cashiers. A LendingTree <a href="https://www.lendingtree.com/debt-consolidation/checkout-theft-survey/" data-saferedirecturl="https://www.google.com/url?q=https://www.lendingtree.com/debt-consolidation/checkout-theft-survey/&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0cyU34oLM6f-_AI-aMclA1">survey</a> reported that 27 percent of self-checkout users admit to intentionally stealing items in self-checkout lanes, with another 36 percent saying they took items inadvertently.</p>
<p style="font-weight: 400;">But unsurprisingly, stores themselves—who have a direct bottom-line incentive to prevent shoplifting—have proven more than capable of responding. Walmart and Target have garnered <a href="https://www.inquirer.com/business/retail/walmart-self-checkout-south-philadelphia-20260427.html" data-saferedirecturl="https://www.google.com/url?q=https://www.inquirer.com/business/retail/walmart-self-checkout-south-philadelphia-20260427.html&amp;source=gmail&amp;ust=1777669990873000&amp;usg=AOvVaw0ZeLZCwk2N0pK6qUYrxbCf">headlines</a> for <a href="https://www.foxbusiness.com/media/two-walmart-stores-remove-self-checkout-machines-as-retail-giants-re-think-self-service-option" data-saferedirecturl="https://www.google.com/url?q=https://www.foxbusiness.com/media/two-walmart-stores-remove-self-checkout-machines-as-retail-giants-re-think-self-service-option&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw3TvwNFHkll9R-sT2zeNRH9">dropping</a> or <a href="https://www.foxbusiness.com/retail/target-pulls-plug-self-checkout-amid-shoplifting-surge-customers-fume" data-saferedirecturl="https://www.google.com/url?q=https://www.foxbusiness.com/retail/target-pulls-plug-self-checkout-amid-shoplifting-surge-customers-fume&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw3gIm-_a0QBjqfR_D68g7sl">limiting</a> self-checkout at various stores around the country, while <a href="https://www.marketwatch.com/story/five-belows-stock-sinks-on-full-year-forecast-as-company-blames-weaker-profits-on-theft-f460de81" data-saferedirecturl="https://www.google.com/url?q=https://www.marketwatch.com/story/five-belows-stock-sinks-on-full-year-forecast-as-company-blames-weaker-profits-on-theft-f460de81&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw0zxCMPf_X_oKtwq-FWlsVd">Five Below</a> and <a href="https://www.retaildive.com/news/dollar-general-eliminate-self-checkout-shrink/717520/" data-saferedirecturl="https://www.google.com/url?q=https://www.retaildive.com/news/dollar-general-eliminate-self-checkout-shrink/717520/&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw2RANpvLNuKootF8AI2uEtJ">Dollar General</a> have also curtailed automated checkout in recent years. Technology also offers promise, with various groceries now <a href="https://www.grocerydive.com/news/how-grocers-are-deterring-theft-at-self-checkout/690911/" data-saferedirecturl="https://www.google.com/url?q=https://www.grocerydive.com/news/how-grocers-are-deterring-theft-at-self-checkout/690911/&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw0UDnXi2VCqIvVQv-73K4kE">onboarding</a> <a href="https://www.grocerydive.com/news/how-grocers-are-deterring-theft-at-self-checkout/690911/" data-saferedirecturl="https://www.google.com/url?q=https://www.grocerydive.com/news/how-grocers-are-deterring-theft-at-self-checkout/690911/&amp;source=gmail&amp;ust=1777669990874000&amp;usg=AOvVaw0UDnXi2VCqIvVQv-73K4kE">smart video and AI</a> to crack down on shoplifting in the self-checkout lane.</p>
<p style="font-weight: 400;">In the end, no one wants to clamp down on retail theft more than grocery stores themselves. If that means cutting back on self-checkout, they will do so. But they don't need the government, aided by unions, to decide for them—and to forcibly inflate their payrolls at the same time.</p>
<p>The post <a href="https://reason.com/2026/05/02/self-checkout-is-under-fire-across-the-country-is-theft-really-the-reason/">Self-Checkout Is Under Fire Across the Country. Is Theft Really the Reason?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Illustration: Lex Villena; Daria Nipot | Dreamstime.com]]></media:credit>
		<media:description type="html"><![CDATA[A self-checkout machine]]></media:description>
		<media:title><![CDATA[self-checkout-unions]]></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[
				A Pointless War: How Iran Hawks Finally Got Their Way			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/02/a-pointless-war/" />
		<id>https://reason.com/?p=8378334</id>
		<updated>2026-04-24T13:26:18Z</updated>
		<published>2026-05-02T10:00:08Z</published>
			<category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Interventionism" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Bush Administration" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Iraq" /><category scheme="https://reason.com/latest/" term="Iraq War" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[President Donald Trump and his predecessors spent decades putting the U.S. on a path toward war against Iran.]]></summary>
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		<p>The Strait of Hormuz is straight out of a storybook. Named for an ancient Persian god, the 24-mile-wide waterway flows between jagged cliffs, inlets that look like a desert version of Scandinavian fjords, and multicolored salt formations. Centuries-old Portuguese castles dot both sides of the straits, and traditional sailboats called <em>dhows</em> still ply the waters, carrying tourists and small wares.</p>
<p>Hormuz, the only connection between the oil-rich Persian Gulf and the wider ocean, is also the artery of the modern industrial economy that is most vulnerable to war. On February 28, 2026, shortly after Israel and the United States attacked Iran, the Iranian military <a href="https://www.reuters.com/world/middle-east/irans-revolutionary-guards-tell-ships-passage-through-strait-hormuz-not-allowed-2026-02-28/">broadcast on the radio</a> that the strait was closed for shipping. Two days later, a (presumably Iranian) weapon <a href="https://www.malaysiasun.com/news/278937423/survivor-bikram-ghosh-recounts-ordeal-aboard-attacked-oil-tanker-skylight-amid-west-asia-conflict">smashed</a> into an oil tanker, killing two crew members. Iran began charging <a href="https://www.lloydslist.com/LL1156694/Zombie-tankers-take-Tehran-Toll-Booth-route-as-more-vessels-make-detour">multimillion-dollar ransoms</a> for the few ships that continue to pass.</p>
<p>Global crude oil prices nearly doubled in the first few weeks of war—and oil isn't the whole story. Many critical manufacturing processes around the world rely on inputs from the gulf's petrochemical industry, which Iran has also <a href="https://www.bloomberg.com/news/articles/2026-03-18/qatar-reports-extensive-damage-at-site-of-ras-laffan-lng-plant">bombed directly</a> and which will take <a href="https://www.economist.com/finance-and-economics/2026/03/22/even-the-best-case-scenario-for-energy-markets-is-disastrous">months to restart</a> once the coast is clear. Electronics manufacturers in South Korea and Taiwan are suddenly <a href="https://www.cnbc.com/2026/03/19/the-iran-war-is-threatening-supply-helium-what-it-means-for-markets.html">short on helium</a>, which they need to produce semiconductors. So ends the age of uninterrupted <a href="https://www.theguardian.com/business/2026/mar/19/oil-prices-ai-boom-wto-iran-war-energy-global-economy">artificial intelligence growth</a>. The plastic, metal, and pharmaceutical industries are running into <a href="https://www.economist.com/finance-and-economics/2026/03/16/the-iran-war-is-roiling-commodities-far-beyond-oil">similar shortages</a> of raw materials. And the world is staring down a <a href="https://carnegieendowment.org/emissary/2026/03/fertilizer-iran-hormuz-food-crisis">food crisis</a> next year as farmers struggle to find fertilizer for the current planting season.</p>
<p>President Donald Trump has made reopening the strait a major goal of the war and the negotiations to end it during the mid-April 2026 ceasefire. In other words, Trump's struggle is now to reverse the consequences of choosing to start the war.</p>
<p>Starting this war was indeed a choice. The Trump administration spent months building up military forces in the Middle East while issuing <a href="https://reason.com/2026/02/18/the-hawks-are-lying-us-into-yet-another-middle-eastern-war/">constantly shifting demands</a>. Iran had <a href="https://amwaj.media/en/article/inside-story-anatomy-of-the-breakdown-of-iran-us-diplomacy">agreed to negotiate</a>; the U.S. attacked on a weekend between two scheduled rounds of talks.</p>
<p>Although the war came out of the blue for most Americans, the Iran hawks spent decades working to put the United States in this position. They made it politically easier to go to war than <em>not</em> go to war. Politicians took it for granted that Israel and the Arab monarchies' problems with Iran were also America's problems. But hawkish factions from both parties also shot down any attempt to solve those problems through compromise or even containment of Iran. They pushed the U.S. to take greater and greater risks while avoiding a public debate on war.</p>
<p>"If Iran presents a quasi-existential menace, diplomacy is a political liability and sanctions don't work, what is left besides military force?" Robert Malley, the Biden administration's envoy to Iran, wrote in a recent <em>New York Times</em> <a href="https://www.nytimes.com/2026/03/05/opinion/iran-trump-war-foreign-policy.html?smid=nytcore-ios-share">essay</a> criticizing his former boss for helping create the conditions for war. "If the United States wants to stop plunging into Middle East wars, it needs to value its own interests more than it hates its old enemies."</p>
<p>The hawkish coalition's shifting goalposts, designed to make avoiding war impossible, haunted the execution of the war itself. Since the conflict began, the Trump administration has thrown out many different, contradictory victory conditions: <a href="https://www.axios.com/2026/03/05/iran-leader-trump-khamenei">overthrowing</a> the Iranian government, <a href="https://www.timesofisrael.com/trump-says-he-expects-deal-shortly-with-iran-threatens-to-blow-up-power-plants-if-not/">making a deal</a> with the Iranian government, <a href="https://www.youtube.com/shorts/TPdBlup4_Zw">destroying</a> Iran's nuclear program, sending Iran's entire industrial base "<a href="https://www.newstatesman.com/international-politics/2026/04/trump-threatens-to-send-iran-back-to-the-stone-age">back to the Stone Age</a>," unleashing a "<a href="https://x.com/statedept/status/2027758695564615715?s=46">prosperous and glorious future</a>" for Iran, taking <a href="https://www.iranintl.com/en/202603307935">control</a> of the Strait of Hormuz, or letting the strait "<a href="https://abc7news.com/live-updates/iran-war-live-updates-israel-steps-operation-lebanon-trump-says-countries-help-strait-hormuz/18721484/entry/18742419/?userab=abcn_du_cat_topic_feature_holdout-474*variant_b_redesign-1939,abcn_popular_reads_exp-527*variant_c_autotags_skewpopular-2202,otv_web_content_rec-539*variant_c_trending-2268&amp;userab=abcn_du_cat_topic_feature_holdout-474*variant_b_redesign-1939,abcn_popular_reads_exp-527*variant_c_autotags_skewpopular-2202,otv_web_content_rec-539*variant_c_trending-2268">open itself</a>."</p>
<p>For many hawks, the specific rationales for fighting Iran don't seem to matter. What they want is <em>someone</em> to pay for the past decades of U.S. failures in the Middle East. The Trump administration and its allies have tried to <a href="https://www.nytimes.com/2026/03/06/us/politics/trump-uss-cole-iran.html?smid=nytcore-ios-share">hold Iran responsible</a> for <a href="https://www.vox.com/2019/6/14/18678809/usa-iran-war-aumf-911-trump-pompeo">attacks by Al Qaeda</a>, Tehran's sworn enemy. More accurately, politicians from both parties have <a href="https://www.washingtonpost.com/politics/2020/01/08/why-administration-claims-that-soleimani-killed-hundreds-americans/">blamed Iran</a> for <a href="https://www.facebook.com/reel/790528320336753">stirring up</a> violent resistance to U.S. troops during the Iraq War, the last big regime change war of choice. At the same time, hawks insist that <em>this</em> regime change war will be different.</p>
<p>"Iran is not Iraq. Anyone saying otherwise doesn't understand Middle East geopolitics, the Iranian people, their neighbors, or the diaspora. The Iranian people hate this regime," Rep. Nancy Mace (R–S.C.) <a href="https://www.facebook.com/RepNancyMace/posts/iran-is-not-iraq-anyone-saying-otherwise-doesnt-understand-middle-east-geopoliti/1390177449788128/">argued</a> in March 2026. But that's a lot like how the Bush administration <a href="https://www.motherjones.com/politics/2014/06/watch-paul-wolfowitz-said-not-worry-about-sectarian-violence-iraq-bush/">sold</a> the Iraq War in 2002: Deputy Defense Secretary Paul Wolfowitz claimed that Iraqis were "the most educated people in the Arab world, who are going to welcome us as liberators."</p>
<p>Of course, it takes two to tango. The Islamic Republic of Iran was founded in a 1979 revolution that intentionally antagonized America, including by taking U.S. diplomats hostage, and that announced its intention to spread that revolution by sending guns to rebels around the region, including to the Lebanese militia Hezbollah, which <a href="https://reason.com/2024/09/25/war-is-a-self-licking-ice-cream-cone/">attacked U.S. troops</a> sent to end Lebanon's civil war in 1983. Over the years, Iranian leaders have made threats (including the destruction of Israel) that were both aggressive enough to provoke a response and empty enough to make Iran look weak.</p>
<p>But a majority of Americans and Iranians weren't even born yet when most of these grievances happened—and the world has changed a lot since then. Iran, exhausted by the consequences of its revolution, has been looking for a way out.</p>
<h1>The Grand Bargain</h1>
<p>After Al Qaeda attacked America on September 11, 2001, the Iranian intelligence services actually <a href="https://www.washingtonpost.com/politics/2020/01/03/when-united-states-qasem-soleimani-worked-together/">participated</a> in the U.S. retaliation campaign in Afghanistan. Two years later, Iran <a href="https://www.nytimes.com/2007/12/03/world/middleeast/03cnd-iran.html">quietly shut down</a> its nuclear weapons research, and a Swiss diplomat presented the U.S. government with a letter from Iran proposing a "<a href="https://archive.nytimes.com/kristof.blogs.nytimes.com/2007/04/28/irans-proposal-for-a-grand-bargain/">grand bargain</a>." Iran would open up its nuclear facilities for inspection, cooperate in stabilizing Iraq, support Israeli-Palestinian peace talks, and even pressure Hamas and Hezbollah to lay down their arms. In exchange, Iran asked for normalized relations and an end to U.S. regime change threats.</p>
<p>The Bush administration disagreed internally on whether the offer was serious and how to respond. Secretary of State Condoleezza Rice <a href="https://www.washingtonpost.com/archive/politics/2006/06/18/in-2003-us-spurned-irans-offer-of-dialogue-span-classbankheadsome-officials-lament-lost-opportunity-span/1b6aa764-7acf-4baa-8a4b-e84406d52232/">argued</a> that the seriousness of the Iranian offer was actually proof of Iran's weakness, so the U.S. should turn it down and push for more. Her view carried the day.</p>
<p>That became the pattern of U.S.-Iranian diplomacy for the next two decades. Every time Iran offered compromise, American hawks used that offer to argue that more pressure would lead to more Iranian concessions. This circular logic—the U.S. demand should always be <em>something more</em> than Iran is offering—made diplomacy almost impossible. Yet there would never be another Iranian offer as good as the grand bargain.</p>
<p>The next big diplomatic moment came under President Barack Obama. Though Iran had stopped its <em>secret</em> nuclear weapons program, it was now <em>openly</em> enriching uranium, ostensibly as fuel for nuclear power plants. In response, Israel <a href="https://www.nytimes.com/2019/09/04/magazine/iran-strike-israel-america.html">threatened war</a> and <a href="https://iranprimer.usip.org/blog/2020/dec/02/part-5-assassinations-iran-nuclear-scientists">assassinated Iranian scientists</a> while the U.S. imposed <a href="https://www.forever-wars.com/iran-sanctions-and-inflation-as-a/">economic sanctions</a> to cut off Iran's access to foreign trade and carried out <a href="https://archive.nytimes.com/www.nytimes.com/interactive/2012/06/01/world/middleeast/how-a-secret-cyberwar-program-worked.html?pagewanted=all">covert sabotage</a> against Iranian enrichment plants. But then, in agreements signed in 2013 and 2015, Iran accepted a set of <a href="https://iranprimer.usip.org/blog/2023/jan/11/explainer-timing-key-sunsets-nuclear-deal">temporary and permanent restrictions</a> on its nuclear industry in exchange for the U.S. and five other world powers lifting economic sanctions.</p>
<p>Hawks hated the deal, insisting that they could have secured a <a href="https://reason.com/2024/04/17/they-said-they-didnt-want-war-with-iran-now-theyre-cheering-on-war-with-iran/">better bargain</a> with just a little more pressure—or that <em>any</em> deal with Iran was cowardly "<a href="https://abc7chicago.com/amp/post/mark-kirk-explains-controversial-comments-on-obama-amid-iran-deal/859850/">appeasement</a>." The debate had a bizarre quality to it: Sens. Lindsey Graham (R–S.C.) and John McCain (R–Ariz.), both of whom had <a href="https://www.npr.org/2007/04/20/9688222/jesting-mccain-sings-bomb-bomb-bomb-iran">publicly called</a> for <a href="https://www.cnn.com/2010/POLITICS/11/06/iran.us.graham/index.html">bombing Iran</a>, feigned <a href="https://reason.com/2024/04/17/they-said-they-didnt-want-war-with-iran-now-theyre-cheering-on-war-with-iran/">outrage</a> when Obama said that the alternative to a deal was war.</p>
<p>Iran's regional rivals also lobbied against the agreement. They were particularly alarmed by Obama's comments that Saudi Arabia would have to learn to "<a href="https://www.theatlantic.com/magazine/archive/2016/04/the-obama-doctrine/471525/">share the neighborhood</a>" with Iran while the U.S. military made a "<a href="https://www.npr.org/2021/10/06/1043329242/long-promised-and-often-delayed-the-pivot-to-asia-takes-shape-under-biden">pivot to Asia</a>." (East Asia, that is.) Israeli Prime Minister Benjamin Netanyahu gave a speech to the U.S. Congress in 2015 attacking Obama's "<a href="https://eu.freep.com/story/news/world/2015/03/03/netanyahus-speech-iran-elicits-praise-frustration/24333545/">very bad deal</a>" with what he described as a Nazi-like regime. Saudi Crown Prince Mohammed bin Salman <a href="https://www.bbc.com/news/world-middle-east-42117134">denounced</a> "the new Hitler in Iran" to <em>The New York Times</em> in 2017.</p>
<p>The United Arab Emirates, meanwhile, played the classic game of "<a href="https://reason.com/category/economics/public-choice/bootleggers-and-baptists/">bootleggers and Baptists</a>," working with <a href="https://theintercept.com/2017/06/03/hacked-emails-show-top-uae-diplomat-coordinating-with-pro-israel-neocon-think-tank-against-iran/">the pro-sanctions lobby</a> in Washington while continuing to profit from <a href="https://www.wsj.com/world/middle-east/iranian-funds-for-hezbollah-are-flowing-through-dubai-85785a77?mod=middle-east_news_article_pos1">Iranian sanctions busting</a> in Dubai.</p>
<p>Opponents of the deal often said that it failed to address two nonnuclear issues: Iran's conventional missile arsenal and its proxy wars in the region. (In addition to arming Lebanese, Palestinian, and Iraqi paramilitaries, the Islamic Republic had by now intervened in the civil wars in Syria and Yemen.) Asking Iran to leave its neighbors alone was one thing. But demanding its conventional weapons was another. Even an ability to hit back against foreign attacks was now deemed an unacceptable threat.</p>
<p>The hawks got what they wanted from the first Trump administration, which tore up the nuclear agreements in 2018 and began a policy of "<a href="https://nationalinterest.org/blog/the-skeptics/trumps-iran-point-man-iranian-misbehavior-means-pressure-working-158271">super maximum economic pressure</a>." The regime-change maximalists took the initial results as a vindication. In November 2019, a fuel price hike in Iran led to the <a href="https://en.radiozamaneh.com/35414/?tztc=1">deadliest civil unrest</a> there since the 1979 revolution. Two months later, Trump ordered the assassination of Iranian Gen. Qassem Soleimani, and Iran retaliated with a <a href="https://www.npr.org/sections/pictureshow/2020/01/14/796219386/the-aftermath-of-irans-missile-attack-on-an-iraqi-base-housing-u-s-troops">one-off military operation</a> that did not kill any Americans (though it accidentally <a href="https://www.cbc.ca/news2/interactives/flightps752/">blew up an airliner</a> full of Iranian civilians).</p>
<p>Although President Joe Biden <a href="https://www.nytimes.com/2021/07/31/us/politics/biden-iran-nuclear-deal.html?smid=nytcore-ios-share">promised</a> to return to diplomacy on the 2020 campaign trail, his advisers were convinced that pressure was working better than expected. Ariane Tabatabai, who later worked on Biden's negotiating team, <a href="https://foreignpolicy.com/2020/09/15/iran-negotiations-deal-trump-biden-talks/">warned</a> in an essay before Biden took office that the next U.S. president should not "rush" back to a deal, because continued pressure over time would only degrade Iran's position. Ilan Goldenberg, another future Biden official, <a href="https://www.cnas.org/publications/reports/countering-iran-gray-zone">wrote a paper</a> suggesting "calculated risks" against Iran, modeled on Israeli raids into Syria that Israel dubbed the "campaign between wars."</p>
<p>And the hawkish Senate Foreign Relations Committee Chair Bob Menendez (D–N.J.)—<a href="https://reason.com/2024/07/18/the-fall-of-new-jerseys-sopranos-senator/">later convicted</a> of selling information to Egyptian spies—<a href="https://www.politico.com/news/2021/03/01/biden-foreign-policy-bob-menendez-472097">threatened to block</a> any return to Obama's deal. Biden's negotiators thus spent fruitless years pressuring Iran to give the U.S. a "<a href="https://responsiblestatecraft.org/2021/03/03/senate-progressives-push-biden-nominees-on-iran-diplomacy/">longer and stronger</a>" deal than before. Meanwhile, Biden offered the Arab monarchies defense pacts that would guarantee <a href="https://responsiblestatecraft.org/2022/06/06/die-for-dubai-biden-floating-guaranteed-military-protection-to-the-uae/">permanent U.S. military protection</a>, even as Saudi Arabia was <a href="https://amwaj.media/en/article/iran-saudi-deal-eyed-with-optimism-pessimism-and-skepticism">quietly negotiating</a> with Iran for a separate peace.</p>
<p>Iranian protests <a href="https://reason.com/2022/10/21/iran-tries-to-coopt-and-crush-feminists-at-the-same-time/">against hijab laws</a> in September 2022 and the Hamas attacks against Israel on October 7, 2023, both made further negotiations with Iran politically toxic in America. The surprise violence of October 7 also seemed to vindicate Israeli factions who believed that enemies could not be deterred, only destroyed. In response to Hezbollah's cross-border shelling, Israel launched an all-out invasion of Lebanon in the autumn of 2024. Contrary to the <a href="https://www.axios.com/2024/06/06/biden-israel-lebanon-war-iran-intervention">Biden administration's worries</a>—and <a href="https://reason.com/2024/06/25/will-biden-drag-americans-into-a-war-in-lebanon/">my own</a>—this campaign did not escalate into an international war. Immediately after the Israeli-Lebanese ceasefire in November 2024, a <a href="https://reason.com/2025/12/08/what-is-syria-like-1-year-after-its-revolution/">revolution in Syria</a> ejected Iranian forces, another sign of Iran's weakness. By the end of his term, members of Biden's camp were <a href="https://reason.com/2025/01/03/is-biden-teeing-up-an-iran-war-for-trump/">publicly and privately</a> endorsing an attack on Iran itself.</p>
<p>After returning to office, Trump embraced that feeling that taking risks against Iran pays off. He <a href="https://reason.com/2025/03/19/trump-owns-the-middle-east-wars-now/">reopened</a> and then <a href="https://reason.com/2025/05/07/trump-gets-bored-with-the-war-in-yemen/">reclosed</a> conflicts in Gaza and Yemen, seemingly at his leisure. In June 2025, he took the greatest gamble so far, supporting an Israeli attack on Iran in the middle of U.S.-Iranian negotiations, joining in with an air raid on the 12th day of the war, and <a href="https://reason.com/2025/06/24/trump-takes-the-off-ramp-from-the-israeli-iranian-war/">offering a ceasefire</a> immediately after. Iran launched a <a href="https://www.aljazeera.com/news/2025/6/23/iran-attacks-us-air-base-in-qatar-what-we-know-so-far">token retaliation</a> on U.S. forces and then accepted.</p>
<h1>The Green and the Dry</h1>
<p>The decisive moment for Trump was probably an incident halfway around the world from the Middle Eastern desert, on the lush Caribbean coast. On January 3, 2026, a detachment of U.S. special operators swooped into Caracas by night and arrested Venezuelan President Nicolás Maduro on drug trafficking charges. Vice President Delcy Rodríguez <a href="https://www.nytimes.com/2026/01/15/world/americas/venezuela-rodriguez-maduro-trump.html">immediately began kowtowing</a> to U.S. demands. Overthrowing foreign leaders had never looked so easy.</p>
<p>The same week as the raid on Caracas, inflation protests in Iran escalated to a <a href="https://reason.com/2026/01/12/irans-inflation-protests-turned-into-an-uprising-will-trump-get-involved/">nationwide uprising</a> against the Islamic Republic. (U.S. Treasury Secretary Scott Bessent <a href="https://www.npr.org/2026/02/23/nx-s1-5708935/trumps-sanctions-on-iran-have-dramatically-affected-its-economy-and-led-to-protests">bragged</a> that the unrest was the "grand culmination" of U.S. sanctions.) Much of the Iranian opposition was now <a href="https://www.iranintl.com/en/202602063431">explicitly asking</a> for foreign military support. One Iranian told the <em>Financial Times</em> that Venezuela had given her hope for a "<a href="https://www.ft.com/content/4e048ed0-9bba-4392-8cee-7f1337c0b211?syn-25a6b1a6=1">clean, bloodless regime change</a>."</p>
<p>On January 8, the Iranian government <a href="https://www.bbc.com/news/articles/cz7y2ddgl23o">shut down the internet</a> and began clearing the streets with gunfire, <a href="https://www.en-hrana.org/the-crimson-winter-a-50-day-record-of-irans-2025-2026-nationwide-protests/the-crimson-winter-english-version/">killing thousands of people</a>. Four days later, Trump <a href="https://www.nytimes.com/2026/01/13/world/middleeast/trump-iran-antigovernment-protests.html">posted</a> on social media, "Iranian Patriots, KEEP PROTESTING—TAKE OVER YOUR INSTITUTIONS!!! Save the names of the killers and abusers. They will pay a big price. I have cancelled all meetings with Iranian Officials until the senseless killing of protesters STOPS. HELP IS ON ITS WAY."</p>
<p>The unrest died down as the government imposed martial law. Iranians within the country told me at the time that everyone, whether opposition or loyalists or bystanders, was waiting to see what the U.S. would do.</p>
<p>Then Trump uncanceled the meetings, sending Special Envoy Steve Witkoff to negotiate on the future of Iran's nuclear program, which had been badly damaged during the June 2025 war. Witkoff's team was <a href="https://open.substack.com/pub/diplomatic/p/was-diplomacy-with-iran-really-doomed?utm_campaign=posts-open-in-app">openly contemptuous</a> of spending time discussing or even understanding the details of the nuclear issue, <a href="https://www.theguardian.com/world/2026/mar/17/uk-security-adviser-attended-us-iran-talks-and-judged-deal-was-within-reach">refusing to bring</a> technical experts to the final round of negotiations. What Trump really wanted, Witkoff <a href="https://x.com/acyn/status/2025403370757128653?s=46">told</a> Fox News on February 22, was for Iranian leaders to explain "why they haven't capitulated" in the face of an ongoing U.S. military buildup.</p>
<p>Trump still expected a quick and unambiguous surrender when he and Netanyahu launched the war a few days later. Israel assassinated Iranian Supreme Leader Ali Khamenei in a first strike, and Trump <a href="https://www.pbs.org/newshour/amp/world/trump-says-he-wants-to-be-involved-in-picking-irans-next-leader">said</a> that he was anticipating a situation "like with Delcy in Venezuela."</p>
<p>A month into the war, Trump <a href="https://x.com/clashreport/status/2039470898311254208">admitted</a> at an Easter dinner that he had told the British prime minister the war would last only three days. He gave a similar timeline to "skeptical" Middle Eastern leaders before the war began, telling them it would "only take 100 hours," according to Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, a pro-diplomacy nonprofit, who also broke the news of Iran's 2003 offer.</p>
<p>At the same time that the Trump administration was looking for a Delcy figure, Israel's intelligence services were promising that they could <a href="https://www.nytimes.com/2026/03/22/us/politics/iran-israel-trump-netanyahu-mossad.html?smid=nytcore-ios-share">spark another uprising</a> in Iran. That didn't materialize, either. Even Kurdish rebels directly <a href="https://www.cnn.com/2026/03/03/politics/cia-arming-kurds-iran">armed by the CIA</a> were reluctant to rush into what they feared would end with "a massacre of our own people," as one Kurdish commander <a href="https://newlinesmag.com/reportage/iranian-kurdish-fighters-eye-a-weakened-tehran/">told</a> <em>New Lines Magazine</em>.</p>
<p>Instead of falling, Iran fought back and escalated. The U.S. military is stuck playing Whac-A-Mole with Iranian missiles and drones, burning through <a href="https://www.rusi.org/explore-our-research/publications/commentary/over-11000-munitions-16-days-iran-war-command-reload-governs-endurance">valuable munitions</a> that are also supposed to be on hand to defend Ukraine and Taiwan. Bessent even <em>lifted</em> sanctions on <a href="https://www.politico.com/news/2026/03/20/us-pauses-sanctions-on-some-of-irans-oil-as-gas-prices-surge-00839109">Iranian oil exports</a> in hopes of relieving some of the shortages caused by the fighting in Hormuz. Iranian civilians have paid the highest price, with between 1,700 and 2,400 killed in the bombing by mid-April. And the war spread beyond Hormuz, reigniting fighting in <a href="https://edition.cnn.com/2026/03/21/middleeast/lebanon-this-war-is-different-intl">Lebanon</a> and <a href="https://acleddata.com/report/conflict-iran-backed-factions-upending-us-iraq-exit-strategy">Iraq</a>.</p>
<p>In mid-April 2026, the United States and Iran agreed to a "fragile ceasefire," as U.S. Vice President J.D. Vance put it. Immediately, both sides tried to change the terms. Despite Pakistani mediators announcing that the ceasefire would cover "everywhere including Lebanon"—and Trump agreeing privately, according to CBS News—the Israeli government escalated its bombing in Lebanon, and the Trump administration rushed to justify it. Despite promising "safe passage through the Strait of Hormuz" during the ceasefire, Iranian authorities continued to limit shipping and demand ransoms.</p>
<p>Whether or not the truce holds past April, Trump has lost control over the conflict he has entangled the U.S. in. With its back to the wall, Iran discovered that it holds a lot of leverage over the world economy. Israel and the Arab states, meanwhile, found that they can push the U.S. to adopt maximalist goals.</p>
<p>The war has led to an outcome that neither Iranians nor Americans wanted. But it has fulfilled the vision of Netanyahu, who <a href="https://www.jpost.com/israel-news/defense-news/article-888403">declared</a> from the rooftop of the military headquarters in Tel Aviv that bringing the U.S. directly into the war "allows us to do what I have been hoping to do for 40 years."</p>
<p>Ironically, it has also fulfilled the vision of the late Hamas leader Yahya Sinwar, who foreshadowed his plans in a <a href="https://youtu.be/W2qEcR9P_xI">2022 speech</a>: "By God, I see it with my own eyes, a war that will change the face of the globe, a regional religious war that will burn both the green and the dry." The American political class helped pile a lot of the kindling, and it doesn't know how to put the fire out.</p>
<p>The post <a href="https://reason.com/2026/05/02/a-pointless-war/">A Pointless War: How Iran Hawks Finally Got Their Way</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Tracy Glantz/TNS/Agence Quebec Presse/Agence Quebec Presse/ILIA YEFIMOVICH/POOL/SIPA/Newscom/Somartin/Joe Sohm/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of Donald Trump in the foreground with John McCain, George W. Bush, Lindsey Graham, Benjamin Netanyahu, an Iranian flag and war imagery in the background]]></media:description>
		<media:title><![CDATA[iran-war-setup-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/02/open-thread-192/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380193</id>
		<updated>2026-05-02T07:00:00Z</updated>
		<published>2026-05-02T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/02/open-thread-192/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/02/open-thread-192/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/5th-circuit-panel-blocks-2023-mifepristone-telemedicine-approval/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380353</id>
		<updated>2026-05-01T21:00:21Z</updated>
		<published>2026-05-01T21:00:21Z</published>
					<summary type="html"><![CDATA[This case will go to the Supreme Court very quickly.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/5th-circuit-panel-blocks-2023-mifepristone-telemedicine-approval/">
			<![CDATA[<p>It has been a very busy 48 hours for Louisiana. On Wednesday, the Supreme Court decided <em>Callais</em>. The following day, the Governor announced he would suspend the upcoming primary elections to allow the legislature to redistrict. There is also <a href="https://reason.com/volokh/2026/04/30/callais-right-away/">litigation</a> before the Supreme Court about the issuance of the judgment in <em>Callais</em>. Earlier today, the Governor was sued to enjoin the cancellation of the election.</p>
<p>And just a few moments ago, the Fifth Circuit panel granted a stay in Louisiana's challenge to the mifepristone telemedicine approval from 2023. What, you thought the case was over after <em>Alliance for Hippocratic Medicine</em>? You have not been following the Fifth Circuit closely enough.</p>
<p>For now, I will just paste the introduction of Judge Kyle Duncan's <a href="https://reason.com/wp-content/uploads/2026/05/2026-05-01-REMS.pdf">panel opinion</a>.</p>
<blockquote><p>In Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), the Supreme Court returned the regulation of abortion to the states. In response, the Biden Administration directed federal agencies to "expand access to . . . medication abortion." Exec. Order No. 14076, 87 Fed. Reg. 42053 (July 8, 2022). The next year, the Food and Drug Administration (FDA) formally altered its safety guidelines for the abortion drug mifepristone. Under the new regulation, the drug could now be prescribed online and dispensed through the mail, without any need for an in-person visit to a doctor. In 2025, Louisiana challenged the new regulation in federal court under the Administrative Procedure Act (APA). It argued that FDA's justifications for remotely dispensing mifepristone were based on flawed or nonexistent data. It also documented how the new regulation had resulted in numerous illegal abortions in Louisiana and in Louisiana paying thousands in Medicaid bills for women harmed by mifepristone. Louisiana sought a stay of the regulation while the litigation proceeded.<strong> In response, FDA conceded it had failed to adequately study whether remotely prescribing mifepristone is safe.</strong> But the agency resisted staying the regulation, arguing it was in the midst of a comprehensive review of mifepristone protocols. The agency, however, could not say when that review might be complete and admitted it was still collecting data. The district court agreed that Louisiana was likely to win its challenge to the mifepristone regulation and was suffering irreparable harm from it. Nonetheless, the court declined to stay the regulation based on its balancing of the equities and the public interest. Louisiana appealed to our court and sought a stay pending appeal under 5 U.S.C. § 705.</p>
<p>We grant the stay.</p></blockquote>
<p>This case should get to the Supreme Court ver soon.</p>
<p>To be clear, this ruling would not take mifepristone off the market. But it would require people to have an <em>in person</em> evaluation before receiving a prescription for the abortion drug. Post-<em>Dobbs</em>, the number of abortions nationwide has likely increased, in large part, because of the telemedicine requirement. Doctors in blue states send these pills to Louisiana, Texas, and other red states, and are protected by state shield laws. But if there is an in-person requirement to prescribe the drug, those doctors would not be able to dispense across state lines.</p>
<p>The Trump Administration likely does not want this headache. The government has raised a host of standing and other procedural defenses, but has not defended the Biden decision on the merits. Let's see what SG Sauer does before the Supreme Court everyone.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/5th-circuit-panel-blocks-2023-mifepristone-telemedicine-approval/">5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval</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[
				First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn't Rely on Anti-Commandeering Arguments)			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/first-circuit-stays-court-order-commandeering-new-hampshire-though-doesnt-rely-on-anti-commandeering-arguments/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380338</id>
		<updated>2026-05-01T20:58:26Z</updated>
		<published>2026-05-01T20:58:26Z</published>
			<category scheme="https://reason.com/latest/" term="Environmental Law" /><category scheme="https://reason.com/latest/" term="Clean Air Act" /><category scheme="https://reason.com/latest/" term="Commandeering" /><category scheme="https://reason.com/latest/" term="Federal Mandates" /><category scheme="https://reason.com/latest/" term="Federalism" />		<summary type="html"><![CDATA[The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/first-circuit-stays-court-order-commandeering-new-hampshire-though-doesnt-rely-on-anti-commandeering-arguments/">
			<![CDATA[<p>Yesterday a panel of the U.S. Court of Appeals for the First Circuit stayed a district court injunction, pending appeal, that would have commandeered New Hampshire by requiring it to maintain a vehicle emissions inspection program to comply with the federal Clean Air Act. As I explained <a href="https://reason.com/volokh/2026/01/31/private-suit-commandeers-new-hampshire-government-to-maintain-vehicle-emission-inspections/">here</a> and <a href="https://reason.com/volokh/2026/02/27/the-unconstitutional-commandeering-of-new-hampshire-continues/">here</a>, the court's order violated the anti-commandeering doctrine (though the state had not made much effort to make this argument).</p>
<p>The <a href="https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/26-1209O-01A.pdf">unsigned order</a> (on behalf of Chief Judge Barron and Judges Aframe and Dunlap) concluded (correctly) that New Hampshire was likely to prevail on the merits, even if it did not conclude that the order violated the anti-commandeering doctrine. Rather, the court concluded that Gordon-Darby, which had sued New Hampshire in order to protect its lucrative vehicle emissions testing contract, was premature in alleging the state was "in violation of" the Clean Air Act when it sued under the law's citizen suit provision, as the state law terminating the vehicle emissions inspection program had not yet taken effect. While the relevant case law allows citizen suits for past or present violations, the district court, in effect, allowed a suit for (and entered an injunction against) wholly prospective violations.</p>
<p>Having concluded New Hampshire was likely to succeed on the merits, it was easy for court to further conclude that the injunction would cause irreparable injury by "forc[ing] a State to continue enforcing a program that the State's legislature has repealed." It further noted that any benefit to Gordon-Darby from the injunction was speculative, as forcing New Hampshire to continue the emission inspection program would not guarantee that Gordon-Darby would get the contract.</p>
<p>It is too bad the court saw no need to reach the state's commandeering or other federalism arguments, but entirely understandable. The Gordon-Darby suit was a transparent ploy to preserve a lucrative contract that the state had lawfully terminated, and like many such ploys, it was not well-grounded in the law.</p>
<p>Perhaps anticipating the First Circuit's order, on Wednesday the district court denied Gordon-Darby's quite audacious request to hold New Hampshire officials in contempt and award sanctions. The district court judge apparently thought better of holding state officials in contempt for failing to urge or enact laws the federal government has no authority to compel.</p>
<p>As a technical matter, New Hampshire's appeal remains pending, but there should be little question anymore about how this litigation will end.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/first-circuit-stays-court-order-commandeering-new-hampshire-though-doesnt-rely-on-anti-commandeering-arguments/">First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn&#039;t Rely on Anti-Commandeering Arguments)</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 Major Questions Doctrine Constrains Presidential Power Over Elections			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/the-major-questions-doctrine-constrains-presidential-power-over-elections/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380192</id>
		<updated>2026-05-01T21:01:23Z</updated>
		<published>2026-05-01T20:57:06Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Separation of Powers" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="Democracy" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Major Questions Doctrine" />		<summary type="html"><![CDATA[It limits executive power grabs in this field, as well as others.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/the-major-questions-doctrine-constrains-presidential-power-over-elections/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8084465"><img decoding="async" class="alignnone size-medium wp-image-8084465" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth-300x167.jpg" alt="" width="300" height="167" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2020/09/Votingbooth-300x167.jpg 300w, https://reason.com/wp-content/uploads/2020/09/Votingbooth-1024x570.jpg 1024w, https://reason.com/wp-content/uploads/2020/09/Votingbooth-768x427.jpg 768w, https://reason.com/wp-content/uploads/2020/09/Votingbooth.jpg 1175w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>NA</figcaption></figure> <p>Donald Trump has been <a href="https://reason.com/volokh/2026/02/08/donald-trump-makes-the-case-for-decentralized-control-of-elections-great-again/">trying to "nationalize" (his term, not mine) control over elections</a>, claiming sweeping presidential power to control voting processes in a variety of ways. In a compelling recent post at the Election Law Blog, Richard Bernstein explains why these moves run afoul of the major questions doctrine:</p> <blockquote><p>Briefing has begun in the cases challenging President Trump's latest attempt to arrogate power over federal elections to the federal executive branch—EO 14399's direction that the USPS provide lists states of voters eligible to vote by mail and to block the mail-in votes of those not on the USPS lists.  The Society for the Rule of Law (with me as counsel) filed an amicus brief arguing, at pages 10-14, that the major questions doctrine applies to interpretations of federal agency authority on elections issues.  That brief is linked <a href="https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:f37e1bb5-84c1-4ca4-8944-15b6ceecce40">here</a>.  The lack of authority for EO 14399 is so clear that a federal court does not need to rely on the major questions doctrine in order to invalidate EO 14399.  But it should, as an alternative holding&hellip;.</p> <p>Before a federal agency has authority to regulate a major question, a statute must provide "clear congressional authorization." <em>West Virginia v. EPA</em>, 597 U.S. 697, 723-24 (2022).  "[M]odest words, vague terms, or subtle devices" do not suffice.  <em>Id. </em>at 723.  Under  the major questions doctrine, courts "presume that Congress intends to make major policy decisions itself, not leave these decisions to agencies."  <em>Id.</em> at 723 (quotations omitted).  This reflects "both separation of powers principles and a practical understanding of legislative intent."  <em>Id.</em> at 723-24.  "[A] reasonable interpreter would not expect Congress to pawn . . . a big-time policy call . . . off to another branch."  <em>Learning Resources, Inc. v. Trump, </em>146 S. Ct. 628, 641 (2026) (plurality opinion) ("<em>Learning Resources </em>Plurality") (cleaned up).  Deciding what is a major question also reflects "constitutional structure and common sense."  <em>Id.</em> at 639.</p> <p>The major questions doctrine is especially suitable for federal agency regulations of federal election issues.  That is because federal elections control who exercises federal legislative and federal executive power.  To compare an election issue to <em>Learning Resources, </em>Congress has the power to impose tariffs, but federal elections decide who exercises that power and every other legislative and executive power, and therefore how<em> all</em> those powers are exercised.  As James Madison explained in <em>Federalist </em>No. 51, "[a] dependence on the people" through elections "is, no doubt, the primary control on the government."</p> <p>The Elections Clause unmistakably vests the power to decide the rules for federal elections in legislatures – first and foremost state legislatures, subject to alteration by Congress.  Congress has not been shy about exercising this power&hellip;..</p> <p>Allocating power to any President to make election rules would be a fundamental departure from our constitutional structure.  Our federalist election structure, designed by the Elections and Electors Clauses and still upheld in federal election statutes, fosters both the reality and appearance of election integrity by decentralizing election rules and who executes them.  In our nation's history, it is rare that control of either house of Congress or the Presidency is decided by a single disputed election in one state.  Thus, stealing control would require a conspiracy involving officials in multiple states.  Stealing such control would be easier if the unitary federal executive branch could make rules for, and exercise greater power over, federal elections <em>in all 50 states</em>.</p></blockquote> <p>I largely agree. The major questions doctrine   (MQD) <a href="https://supreme.justia.com/cases/federal/us/573/302/" target="_blank" rel="noopener noreferrer" data-mrf-link="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.'"  If the statute is ambiguous, courts must presume that Congress didn't give the executive branch the authority it claims.</p> <p>Previous Supreme Court major questions decisions - most recently, <a href="https://www.cato.org/commentary/how-supreme-court-spared-america">the tariff case</a>, which Bernstein cites and  which I helped litigate - concerned assertions of power over substantive policy issues. These election cases concern power over procedures. Nonetheless, as Bernstein notes, control over elections is a way to leverage vast power over a range of issues (because election winners get to make a variety of policy decisions), and that control is crucial to America's system of federalism and separation of powers. Thus, when the president claims sweeping delegations of power over election procedures, the major questions doctrine applies.</p> <p>And, as in the case of tariffs, the Constitution gives the president no inherent power over election procedures. Any authority he might have must be delegated by Congress exercising its <a href="https://constitution.congress.gov/browse/article-1/section-4/clause-1/">Article I power</a> to "make or alter" state regulations relating to the time, place, and manner of congressional elections.</p> <p>To be sure,  MQD would not apply in situations where the executive claims he has been delegated only some relatively minor power, such as authority over some minor aspect of election administration. But here, the White House is claiming far greater authority than that.</p> <p>NOTE: The amicus brief Bernstein refers to was filed on behalf of the Society for the Rule of Law. the Society for the Rule of Law. I am <a href="https://societyfortheruleoflaw.org/ilya-somin-advisory-council/" data-mrf-link="https://societyfortheruleoflaw.org/ilya-somin-advisory-council/">a member of SRL's Advisory Council</a> (an unpaid position).</p><p>The post <a href="https://reason.com/volokh/2026/05/01/the-major-questions-doctrine-constrains-presidential-power-over-elections/">The Major Questions Doctrine Constrains Presidential Power Over Elections</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[NA]]></media:credit>
		<media:title><![CDATA[Votingbooth]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/08/Votingbooth.jpg" width="1175" height="654" />
	</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[
				Trump's Iran War Continues to Violate the Constitution - and Now Also the War Powers Act of 1973			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/trumps-iran-war-continues-to-violate-the-constitution-and-now-also-the-war-powers-act-of-1973/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380342</id>
		<updated>2026-05-01T20:20:07Z</updated>
		<published>2026-05-01T20:20:07Z</published>
					<summary type="html"><![CDATA[The administration is wrong to claim that the 60-day time limit in the Act is "stops" due to the ongoing ceasefire.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/trumps-iran-war-continues-to-violate-the-constitution-and-now-also-the-war-powers-act-of-1973/">
			<![CDATA[<figure id="attachment_8353763" aria-describedby="caption-attachment-8353763" style="width: 300px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8353763" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-300x200.jpg" alt="Defense Secretary Pete Hegseth speaks during a press conference at the Pentagon." width="300" height="200" data-credit="Kyodonews/Zuma Press/Newscom" srcset="https://reason.com/wp-content/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-300x200.jpg 300w, https://reason.com/wp-content/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-1024x683.jpg 1024w, https://reason.com/wp-content/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-768x512.jpg 768w, https://reason.com/wp-content/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-1536x1024.jpg 1536w, https://reason.com/wp-content/uploads/2025/10/pete-hegseth-defense-secretary-pentagon-press-conference-2048x1365.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8353763" class="wp-caption-text"> Secretary of Defense Pete Hegseth.&nbsp;(Kyodonews/Zuma Press/Newscom)</figcaption></figure> <p>&nbsp;</p> <p>In my <a href="https://thedispatch.com/debates/donald-trump-iran-war-constitution-congress/">March 5 <em>Dispatch </em>article</a> on the Iran War and the Constitution, I explained why Donald Trump's initiation of the war without congressional authorization is unconstitutional. As of today, it is also in violation of the <a href="https://thedispatch.com/debates/donald-trump-iran-war-constitution-congress/">War Powers Act of 1973</a>. Enacted in the wake of the Vietnam War, the WPA requires the president to secure congressional approval within 60 days of entering U.S. troops into "hostilities" or situations "where imminent involvement in hostilities is clearly indicated by the circumstances." The president can seek a 30 day extension without additional congressional authorization, but Trump has not done so in this case.</p> <p>The sixty day deadline expires today. Therefore, Trump is now in violation of the WPA, as well as the Constitution. Yesterday, Secretary of Defense Pete Hegseth claimed that the WPA clock "stops" because of the ongoing ceasefire with Iran, curently still (tenuously) in effect. But the WPA doesn't just apply to situations where US forces are in active combat. It also applies "where imminent involvement in hostilities is clearly indicated by the circumstances." Such "imminent involvement" is indeed "clearly indicated" now. Most informed observers know the ceasefire could break down at any time. Trump himself <a href="https://www.timesofisrael.com/liveblog-may-01-2026/">repeatedly threatens</a> to restart the fighting. Thus, the WPA clock is still ticking, and Trump is now in violation of that law. This violation is not as grave an issue as his violation of the Constitution. But it is significant nonetheless.</p> <p>Earlier in the conflict, some defenders of the administration claimed that the WPA authorized Trump to start the war without congressional approval. In my Dispatch article, I explained why this claim is false. The WPA is a limitation on executive power, not a grant:</p> <blockquote><p>Many, particularly on social media, argue that Trump's actions are authorized by the <a href="https://psc.uncg.edu/wp-content/uploads/2016/09/War-Powers-Act.pdf" target="_blank" rel="noopener noreferrer">War Powers Act of 1973</a>. But the WPA is a limitation on presidential power, not a grant of it&hellip;</p> <p>The purpose of this requirement is to constrain even small-scale combat deployments that might otherwise not require congressional authorization, because they fall short of being a war. Section 2(C) of the WPA makes clear that the statute does not expand presidential war initiation authority, emphasizing that "[t]he constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." None of these three preconditions exist in the current situation.</p></blockquote> <p>Even if the WPA did, initially, grant Trump authority to wage this war, it now no longer does.</p> <p>As also discussed in my <em>Dispatch</em> article, I am not completely averse to the idea of waging war against Iran. Replacing the brutally oppressive anti-American government with a better one would be a great gain. But, so far, there is little evidence that The US and Israel are likely to achieve any significant gains that justify the costs. And, as noted in <a href="https://thedispatch.com/debates/donald-trump-iran-war-constitution-congress/">my earlier article</a>, that failure is connected with the failure to secure broad congressional and public support for the conflict, which leaves the administration with little political capital to continue fighting if the going gets tough:</p> <blockquote><p>This limitation on presidential power is more than just a technical legal point. The requirement of congressional authorization for the initiation of war is there to ensure that no one person can take the country to war on his own, and that any major military actions have broad public support, which can be essential to ensuring that we have the will and commitment needed to achieve victory against difficult opponents. Trump's failure to seek and secure that kind of broad public support has ensured that only about 27 percent of Americans approve of this military action, compared to 43 percent who disapprove, according to <a href="https://www.reuters.com/world/us/just-one-four-americans-support-us-strikes-iran-reutersipsos-poll-finds-2026-03-01/" target="_blank" rel="noopener noreferrer">a Reuters poll</a>. Other surveys show <a href="https://www.cnn.com/2026/03/02/politics/cnn-poll-59-of-americans-disapprove-of-iran-strikes-and-most-think-a-long-term-conflict-is-likely" target="_blank" rel="noopener noreferrer">similar results</a>. This is a <a href="https://www.gelliottmorris.com/p/polls-trump-iran-2026-03-01" target="_blank" rel="noopener noreferrer">historically low</a> level of public support at the start of a major military action and bodes ill for U.S. staying power if we suffer reverses or a prolonged conflict results.</p></blockquote> <p>Sure enough, after Iran closed the Strait of Hormuz and energy prices greatly increased, Trump agreed to a ceasefire, despite getting few if any Iranian concessions relative to the prewar status quo.</p> <p>War is dynamic, and it is certainly possible this one will take a different direction, or even reach a more desirable outcome. So far, however, it has achieved little of value.  Certainly nothing substantial enough to justify undermining our constitutional system. Among other things, the radical Islamist regime remains in power, it retains the ability to close the Strait of Hormuz, and it can still continue its nuclear program.</p> <p>In <a href="https://thedispatch.com/debates/donald-trump-iran-war-constitution-congress/">my earlier article</a>, I explained why congressional authorization is required on originalist grounds, and addressed various pragmatic arguments against enforcing the requirement.</p><p>The post <a href="https://reason.com/volokh/2026/05/01/trumps-iran-war-continues-to-violate-the-constitution-and-now-also-the-war-powers-act-of-1973/">Trump&#039;s Iran War Continues to Violate the Constitution - and Now Also the War Powers Act of 1973</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Northrop Grumman]]></media:credit>
		<media:caption><![CDATA[B-2 Bomber (Northrop Grumman).]]></media:caption>
		<media:text><![CDATA[B-2 Bomber (Northrop Grumman).]]></media:text>
		<media:title><![CDATA[B-2 Bomber]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2025/06/B-2-Bomber-1200x654.jpg" width="1200" height="654" />
	</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[
				Trump Had 60 Days To End the Iran War. Instead, He's Just Pretending It's Over.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/trump-had-60-days-to-end-the-iran-war-instead-hes-just-pretending-its-over/" />
		<id>https://reason.com/?p=8380247</id>
		<updated>2026-05-01T20:17:56Z</updated>
		<published>2026-05-01T19:50:49Z</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="War" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="War Powers" /><category scheme="https://reason.com/latest/" term="War Powers Act" />		<summary type="html"><![CDATA[Legally, Trump must either cease operations or ask Congress for approval. He did neither, and Congress just went on recess.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/trump-had-60-days-to-end-the-iran-war-instead-hes-just-pretending-its-over/">
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		<p>On February 28, President Donald Trump <a href="https://reason.com/2026/02/28/trump-and-israel-start-the-iran-war/">authorized</a> military strikes against Iran. It has now been over 60 days since the first bombs fell.</p>
<p>Legally, that means Trump must either cease operations or get permission from Congress to continue. Instead, he split the difference: continuing operations while simply saying they've ended.</p>
<p>In 1973, Congress passed the <a href="https://www.congress.gov/bill/93rd-congress/house-joint-resolution/542/text">War Powers Resolution</a>. Though the <a href="https://constitution.congress.gov/browse/essay/artI-S8-C11-1/ALDE_00013587/">U.S. Constitution</a> gives Congress the power "to declare war," the War Powers Resolution enshrined into law the president's ability to deploy troops "into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances." In return, he must wrap things up within 60 days, unless Congress votes to continue the operation.</p>
<p>Trump <a href="https://www.documentcloud.org/documents/27725118-war-powers-report-iran/#document/p1">notified</a> the Senate in writing on March 2, and May 1 marks 60 days. That means Trump must either immediately withdraw or ask Congress for more time.</p>
<p>Lawmakers, even those in his own party, expressed hesitation at extending hostilities. "From the beginning, my position has been that the President's actions in Iran have been consistent with his legal authority under the War Powers Resolution of 1973. However, that same law is clear that after 60 days, military action must begin to wind down unless Congress provides formal authorization," Sen. John Curtis (R–Utah) said in a <a href="https://www.curtis.senate.gov/press-releases/curtis-statement-ahead-of-60th-day-of-iran-conflict/">statement</a>. "I will not support continued funding for the use of force without Congress weighing in."</p>
<p>"I do not believe we should engage in open-ended military action without clear accountability," <a href="https://www.npr.org/2026/05/01/g-s1-119670/republicans-defer-to-trump-on-iran-war-despite-deadline">added</a> Sen. Lisa Murkowski (R–Alaska). "Congress has a role."</p>
<p>On Friday, the administration announced it did not have to seek Congress' approval because the fighting was over.</p>
<p>"The hostilities that began on February 28, 2026, have terminated," Trump said in a letter to House Speaker Mike Johnson (R–La.) and Senate President pro tempore Chuck Grassley (R–Iowa), <a href="https://apnews.com/article/iran-congress-war-powers-republicans-trump-authorization-41ef029df176a6486422e9d68aa6d872">according to the Associated Press</a>.</p>
<p>But "despite the success of United States operations against the Iranian regime and continued efforts to secure a lasting peace," he added, "the threat posed by Iran to the United States and our Armed Forces remains significant."</p>
<p>The administration had <a href="https://www.cnn.com/2026/05/01/politics/iran-war-60-day-deadline-congress">previously used</a> a version of this argument, saying ever since the April 7 ceasefire, "the hostilities that began on Saturday, February 28 have terminated."</p>
<p>On Thursday, just one day before the end of the War Powers Resolution window, Secretary of Defense Pete Hegseth <a href="https://www.instagram.com/reels/DXywzZgilBb/">told</a> the Senate Armed Services Committee that "our understanding means the 60-day clock pauses or stops in a ceasefire."</p>
<p>But even if U.S. and Iranian forces are not currently exchanging gunfire, each side is <a href="https://www.reuters.com/world/middle-east/us-blockade-iran-after-talks-fail-yield-a-deal-2026-04-13/">enforcing a blockade</a> of the Strait of Hormuz; Trump has said the U.S. will continue to do so until Iran abandons its nuclear weapons program.</p>
<p>Besides, in his letter to Congress, Trump left open the possibility of future conflict; would the clock start over at that time, giving Trump another 60 days to do what he wants, without Congress?</p>
<p>This would be a perfect time for Congress to act in its capacity as a coequal branch of government and conduct some basic oversight: If Trump says combat operations are "terminated," then they should vote to rescind all funding for any such operations without congressional approval.</p>
<p>But who's going to do that? On Friday, before Trump had even submitted the letter, the House and Senate started a <a href="https://voicesforservice.org/congressional-recesses-119th-congress/">weeklong recess</a>.</p>
<p>It's clear Trump has no interest in <em>actually</em> drawing down operations. The War Powers Resolution allows him to request an additional 30 days if he "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces."</p>
<p>Instead of taking the extra 30 days to finish whatever job he thinks he's carrying out and bring all U.S. forces home, he is simply pretending to have already done so.</p>
<p>The Framers gave the president and Congress separate war powers for a reason: "The sword is in the hands of the British King. The purse in the hands of the Parliament. It is so in America," <a href="https://founders.archives.gov/documents/Madison/01-11-02-0085">wrote</a> James Madison. "The purse is in the hands of the representatives of the people. They have the appropriation of all monies. They have the direction and regulation of land and naval forces. They are to provide for calling forth the militia—and the president is to have the command."</p>
<p>The post <a href="https://reason.com/2026/05/01/trump-had-60-days-to-end-the-iran-war-instead-hes-just-pretending-its-over/">Trump Had 60 Days To End the Iran War. Instead, He&#039;s Just Pretending It&#039;s Over.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Lex Villena; AdMedia/SIPA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump and a map of Iran]]></media:description>
		<media:title><![CDATA[trump-iran]]></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/2026/05/01/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-57/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380323</id>
		<updated>2026-05-01T20:42:27Z</updated>
		<published>2026-05-01T19:30:10Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Smart meters, bad metaphors, and the color of state law]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-57/">
			<![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.<span id="more-8380323"></span></p>
<p>IJ is going to The Show for the 14th time! On Monday, the <a href="https://ij.org/press-release/supreme-court-to-hear-family-farms-case-challenging-agency-court-that-acts-as-prosecutor-judge-and-jury/">Supreme Court</a> announced that it was granting review in the case of Sun Valley Orchards, which the Department of Labor started targeting for penalties in 2015. Represented by IJ, Sun Valley fought back, and last year the <a href="https://ij.org/wp-content/uploads/2021/09/Sun-Valley-Appeals-Court-Opinion.pdf">Third Circuit</a> unanimously held that DOL's in-house courts violated the Constitution. Now the Supreme Court has a chance to extend that ruling nationwide.</p>
<p>New on the <a href="https://youtu.be/F_wE_ZHjHXU">Short Circuit podcast</a>: The government's power over home distilling and virtual school vaccinations.</p>
<ol>
<li>Whistleblower goes to the media with information about misconduct by a large company. The SEC opens an investigation and asks the whistleblower for information, which he provides. The whistleblower then files an application for a monetary award, available to individuals who "voluntarily" provide "original information" to the SEC. SEC: Sorry, the disclosure wasn't made "voluntarily" because we asked you for the information after we saw the news stories. <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/05/23-1124-2171424.pdf">C. Circuit</a>: Which is a fine interpretation of "voluntarily." But the SEC can also waive that requirement and needs to explain why it didn't, because it seems like a good idea here.</li>
<li>Mainer with lymphoma sues the power company, arguing it's disability discrimination to charge him a fee to use an old-fashioned meter rather than a smart meter. The smart meter emits radio waves, and radio waves, you see, worsen his cancer. <a href="https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1578P-01A.pdf">First Circuit</a>: So about causation &hellip;</li>
<li>Allegation: During an early COVID-era "lockdown," Columbia, S.C. cop sees a teenager strolling down a sidewalk. He takes off after the cop approaches. Cop repeatedly yells for the kid to stop and sees he has a firearm, although it's not pointed at anyone. Cop fires 9 times and it ends with a fatal forehead shot. <a href="https://www.ca4.uscourts.gov/opinions/251318.P.pdf">Fourth Circuit</a>: It's clearly established you can't use deadly force when a fleeing suspect poses no immediate threat. No qualified immunity.</li>
<li>What does Steph Curry's career free throw percentage (91.2%) as applied to ten shots (39.8% to hit them all) have to do with a preliminary injunction? It's explained in the dissent to this <a href="https://www.ca4.uscourts.gov/opinions/261440R1.U.pdf">Fourth Circuit</a> (unpublished) grant of a motion for a stay of removal. The dissent also suggests the math relies on "divine characteristics."</li>
<li>Allegation: Man suffering from a medical episode, and who relies on a prosthetic leg, breaks into a Chesterfield County, Va. used car dealership. Police arrive and he curls up in the fetal position. An officer with a dog named "Kona" allows Kona to savagely attack the man, causing severe damage to his prosthetic leg—and real body parts as well. Police: But we gave some warnings. District court: In that case, qualified immunity. <a href="https://www.ca4.uscourts.gov/opinions/242073.P.pdf">Fourth Circuit</a>: What does "fetal position" mean to you? Reversed. Dissent: The case the majority relies on concerns a baseball bat, not a dog.</li>
<li>Late at night in Raleigh, N.C., a man on a bike repeatedly weaves in and out of a crime scene full of cops. After telling the cyclist to get lost for 10-20 minutes, the cops lose their patience, grab, and subdue him. During the extended struggle they take two cross-body bags he was carrying. Cops search the bags, finding a mega amount of criminal things. Cyclist: Unreasonable search, as by the time you looked in my bags I wasn't a threat. <a href="https://www.ca4.uscourts.gov/opinions/244604.P.pdf">Fourth Circuit</a>: They would have found the bad stuff anyway.</li>
<li>Want to be a part of a congressionally sanctioned monopoly that doles out extremely prestigious benefits while simultaneously being impervious to the Constitution? <a href="https://www.ca4.uscourts.gov/opinions/251150.P.pdf">Fourth Circuit</a>: Then you should work for the United States Olympic Committee and its subsidiary "SafeSport."</li>
<li>It's heartwarming to learn from the <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D04-27/C:25-2249:J:Scudder:aut:T:fnOp:N:3530621:S:0">Seventh Circuit</a> that in addition to a long line of Illinois governors spending time in federal prison, the occasional Speaker of the Illinois House of Representatives does too.</li>
<li>In which a Mexican applicant is denied a visa. The applicant: This was just because of my many tattoos. The government: There were other reasons that we can be completely vague about. <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/30/23-4205.pdf">Ninth Circuit</a>: Good enough for us! (Judge Lee, concurring, argues that courts aren't supposed to be reviewing these consular decisions in the first place.)</li>
<li>Plaintiffs: Facebook's algorithm deliberately amplified controversial posts, which resulted in amplifying posts advocating for the genocide of the Rohingya, which resulted in, well, the genocide of the Rohingya. <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/28/24-1672.pdf">Ninth Circuit</a>: Our circuit's interpretation of Section 230 bars these claims. Two-judge concurrence: Our circuit precedent reads Section 230 far too broadly. One-judge concurrence: Oh, boy, does it ever.</li>
<li>The Supreme Court's interim orders get all the press, but the circuits do them, too. Consider this <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/28/25-6970.pdf">Ninth Circuit</a> order staying an injunction that struck the word "operation" from Arizona's law governing when transgender people may amend their birth certificates.</li>
<li>Or! Consider this (much longer) <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/27/26-1609.pdf">Ninth Circuit</a> order staying (over a dissent) an injunction restricting how ICE officers may treat protestors at their Portland detention facility or what those officers may wear when so doing.</li>
<li>Or! Or!! Consider this third <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/27/26-1575.pdf">Ninth Circuit</a> order staying an injunction by squarely holding that there is no due-process right for innocent property owners to be free from exposure to tear gas.</li>
<li><a href="https://cdn.ca9.uscourts.gov/datastore/memoranda/2026/04/30/25-297.pdf">Ninth Circuit</a> (unpublished): We're not here to give you legal advice, buddy, but if you want to challenge the enforceability of an arbitration clause, maybe don't, like, fully participate in the disputed arbitration while your case is on appeal.</li>
<li>Inmate at Bent County, Colo. Correctional Facility falls, breaks neck. Prison medical staff: "Vic's Vapor Rub" [sic] should clear that right up for you. More shambolic treatment ensues. <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111426485.pdf">Tenth Circuit</a>: The guy should have another chance to amend his pro se complaint.</li>
<li>Everyone loves a good metaphor. But pro tip for prosecutors: In your closing argument urging that a defendant be convicted for enticing a minor, maybe don't present a full-body image of the guy naked in his shower before going on a riff about how the "cloak" of the presumption of innocence has fallen and the dude stands before the jury "naked in his guilt." <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111424371.pdf">Tenth Circuit</a>: The government stands before us naked in its plain-error prosecutorial misconduct. Conviction vacated.</li>
<li>Was this Aurora, Colo. policeman acting "under color of state law" when, while on administrative leave for having shot a man in the leg, he allegedly accosts a disabled neighbor walking her dog and proceeds to pummel her so hard that she suffers traumatic brain injury and vision loss—all while saying "I'm a cop," displaying his badge, and saying he was trying to arrest her? <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111424434.pdf">Tenth Circuit</a>: He was not acting under color of state law, since the terms of his administrative leave had stripped him of all authority as a police officer. So the City of Aurora itself is not on the hook. (Don't be glum, though, the court reassures us! The now-former officer was criminally charged with first-degree assault by strangulation, attempting to influence a public servant, and third-degree assault! Unmentioned? He'd later <a href="https://sentinelcolorado.com/metro/aurora-cop-convicted-in-assault-of-woman-in-parking-lot-takes-plea-deal/">plead out</a> to one count of reckless endangerment, avoiding any jail time at all. &hellip; Hrm.)</li>
<li>Georgia man offers friends all-expenses-paid vacations to Costa Rica. All he asks in exchange is that they bring back souvenirs in their luggage—most importantly, canned fruits and vegetables. When the travelers returned, he would collect only the cans and let them keep the other souvenirs. <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202313642.pdf">Eleventh Circuit</a>: "The cans, as the reader may have suspected, contained neither fruit nor vegetables, but cocaine."</li>
<li>And in en banc news, the <a href="https://ww3.ca2.uscourts.gov/decisions/OPN/24-644_complete_EB_opn.pdf">Second Circuit</a> will <em>not </em>reconsider its earlier <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca2.e508a4b2-feae-4592-a6dc-d30f9ed35bb6/gov.uscourts.ca2.e508a4b2-feae-4592-a6dc-d30f9ed35bb6.134.1_2.pdf">panel opinion</a> affirming E. Jean Carroll's $83.3 million defamation award against President Trump for statements he made while president. Three dissenting judges would have granted rehearing to consider presidential immunity arguments and to allow the United States to belatedly substitute itself in Trump's shoes.</li>
<li>And in further en banc news, the <a href="https://www2.ca3.uscourts.gov/opinarch/242210po.pdf">Third Circuit</a> will <em>not</em> reconsider its earlier <a href="https://law.justia.com/cases/federal/appellate-courts/ca3/24-2210/24-2210-2025-09-10.html">panel opinion</a> holding that talc producers facing thousands of tort suits alleging asbestos-related injury may file for bankruptcy. The panel will, however, provide <a href="https://www2.ca3.uscourts.gov/opinarch/242210ppan.pdf">additional explanation</a> for why this is so.</li>
<li>And in additional en banc news, the <a href="http://www.ca5.uscourts.gov/opinions/pub/24/24-40323-CV1.pdf">Fifth Circuit</a> <em>will </em>reconsider its earlier <a href="https://law.justia.com/cases/federal/appellate-courts/ca5/24-40323/24-40323-2025-12-18.html">panel opinion</a> about two of America's favorite topics (arbitrability and ERISA) in a dispute between two of America's favorite companies (Aramark and Aetna).</li>
<li>And in still more en banc news, the <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-10633-CR1.pdf">Fifth Circuit</a> will <em>not</em> reconsider its earlier <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-10633-CR0.pdf">panel opinion</a> holding that the federal machinegun ban survives both Commerce Clause and Second Amendment challenge; Judge Willett, concurring in the denial, thinks the Fifth Circuit's earlier rulings on these issues are dubious, but that this case is the wrong vehicle for revisiting them. Judges Ho and Oldham, are not pleased.</li>
<li>And in final en banc news, the <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/30/18-99004.pdf">Ninth Circuit</a> will <em>not</em> reconsider its earlier <a href="https://law.justia.com/cases/federal/appellate-courts/ca9/18-99004/18-99004-2025-06-04.html">panel opinion</a> allowing a death row inmate to reopen habeas proceedings challenging his murder conviction from the 1980s. Nine judges dissent and would not further disturb a conviction based on ineffective-assistance-of-counsel claims raised for the first time seventeen years later.</li>
</ol>
<p>Victory! For 13 years, IJ has been representing retired Texas veterinarian Ron Hines in his long-running fight for the freedom to give online veterinary advice to pet owners around the world. In 2024, the <a href="https://ij.org/wp-content/uploads/2024/09/Vet-Speech-II-Fifth-Circuit-MSJ-opinion-1.pdf">Fifth Circuit</a> held that Ron's speech was protected by the First Amendment, but the state board of veterinary medicine sought review at the Supreme Court. Last month, the Supreme Court denied review, giving Ron a well-deserved final victory! Learn more <a href="https://ij.org/press-release/victory-texas-veterinarians-first-amendment-rights-prevail-after-supreme-court-denies-cert-petition-from-state/">here</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-57/">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>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Prosecuting Fauci, Pirate Economy, and Mr. Beast's Red Button Blues			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/05/01/prosecuting-fauci-pirate-economy-and-mr-beasts-red-button-blues/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8380296</id>
		<updated>2026-05-01T22:03:32Z</updated>
		<published>2026-05-01T19:20:25Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Public Health" /><category scheme="https://reason.com/latest/" term="Anthony Fauci" /><category scheme="https://reason.com/latest/" term="COVID-19" /><category scheme="https://reason.com/latest/" term="Federal government" />		<summary type="html"><![CDATA[Robby Soave and Christian Britschgi discuss how Sen. Rand Paul is ready to go after Anthony Fauci's pardon and how Mr. Beast blew up the internet, again.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/05/01/prosecuting-fauci-pirate-economy-and-mr-beasts-red-button-blues/">
			<![CDATA[<p>Robby Soave and Christian Britschgi break down how extreme the COVID cover-up has been. They also discuss how Sen. Rand Paul (R–Ky.) is gung-ho on prosecuting Anthony Fauci even though he has a full pardon from the Biden administration. Then they talk about their favorite revolutions and maybe even some of their favorite monarchies. Finally, they talk about Mr. Beast, <em>The Matrix</em>, and how complicated intellectual property and patents are.</p>
<p>0:00—Will Congress try to test the power of Anthony Fauci's pardon?</p>
<p>8:27—James Comey has been arrested for the silliest reason.</p>
<p>10:40—Celebrating the American revolution and some other revolutions</p>
<p>19:39—The White House Correspondents' Dinner chaos</p>
<p>32:58—Christian visits James Garfields' grave.</p>
<p>39:04—Robby and Christian are pro-science, but not pro-scientists.</p>
<p>43:39—Mr. Beast's Red Button vs. Blue Button test</p>
<p>51:05—Pro-libertarian takes on pirates?</p>
<p>54:28—<em>The Matrix</em> and <em>Pirates of the Caribbean </em>sequels</p>
<p>1:04:11—It's too easy to get a patent</p>
<p>The post <a href="https://reason.com/podcast/2026/05/01/prosecuting-fauci-pirate-economy-and-mr-beasts-red-button-blues/">Prosecuting Fauci, Pirate Economy, and Mr. Beast&#039;s Red Button Blues</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/FreedUp24.mp3" rel="enclosure" length="74670591" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Lex Villena]]></media:credit>
		<media:description type="html"><![CDATA[Robby Soave and Christian Britschgi discuss the news of the week about COVID]]></media:description>
		<media:title><![CDATA[v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/v1-1200x675.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[
				"Gaslighting" Isn't "Abuse" for Child Custody Law Purposes			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/gaslighting-isnt-abuse-for-child-custody-law-purposes/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380314</id>
		<updated>2026-05-01T19:14:10Z</updated>
		<published>2026-05-01T19:14:10Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[So holds an Oregon appellate court.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/gaslighting-isnt-abuse-for-child-custody-law-purposes/">
			<![CDATA[<p>From Oregon Court of Appeals Judge Ramón Pagán, joined by Judges Robyn Aoyagi and Jacqueline Kamins, Wednesday in <a href="https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll5/id/41656/rec/1"><em>Estens v. Wells</em></a>:</p>
<blockquote><p>[In a child custody hearing, w]itnesses testified to an incident in which mother took the child on vacation to Hawaii and claimed to father that she had been bumped from her flight, requiring her to return the child late. Mother's boyfriend testified that she had not been bumped from the flight. Mother was also found to be evasive about details of the child's medical care. She denied, but then later admitted, that she had cancelled or skipped medical appointments. The parties also testified about text messages between mother and father where mother had greatly exaggerated the number of times that child had attended a particular extracurricular activity in what appeared to be an attempt to have father help pay for the activity.</p>
<p>In its decision, the trial court explained that one of the factors it was considering was that mother had abused father:</p>
<p>"Another factor that I may have skipped over is the abuse of one parent by the other. There has been no allegation of abuse. However, I find that Mother's communication with Father and the testimony amounts to a lot of gaslighting. It's a moving target, the truth with Mother's testimony has been a moving target. 'Didn't you say this?' 'Oh, yes, but I meant this.' There's six different explanations for everything. And it is not good for the child and it does constitute abuse, gaslighting is abuse. And so that is another factor that the Court is considering."</p>
<p>The trial court found mother not credible and father credible. The trial court thus modified sole custody to father&hellip;.</p></blockquote>
<p>Mother appealed, and the court reversed, concluding in part:</p>
<p><span id="more-8380314"></span></p>
<blockquote><p>We agree with mother that the conduct that the trial court described as "gaslighting" is not sufficient to be considered "abuse" under the relevant statutes.</p>
<p>In making custody decisions, courts consider two relevant provisions of ORS 107.137 that use the word "abuse." ORS 107.137(1)(d) requires the court to consider, among other relevant factors, "[t]he abuse of one parent by the other[.]" As relevant here, ORS 107.137(2) goes on to provide:</p>
<p>"The best interests and welfare of the child in a custody matter may not be determined by isolating any one of the relevant factors referred to in subsection (1) of this section, or any other relevant factor, and relying on it to the exclusion of other factors. However, <em>if a parent has committed abuse as defined in </em><em>ORS 107.705</em>, * * * there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse."</p>
<p>Thus, a finding of abuse is highly significant because if a parent's conduct is found to qualify as abuse under ORS 107.705, custody is presumed to not be awarded to the abusive parent.</p>
<p>Abuse is not defined in ORS 107.137(1)(d). However, ORS 107.137(2) relies on the definition in ORS 107.705(1) &hellip;:</p>
<p>"(1) Abuse' means the occurrence of one or more of the following acts between family or household members:</p>
<p>"(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.</p>
<p>"(b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.</p>
<p>"(c) Causing another to engage in involuntary sexual relations by force or threat of force."</p>
<p>There is no evidence of any abuse that meets the ORS 107.705(1) definition. Father did not allege that mother engaged in verbal threats that put him in fear of imminent bodily injury. Nor was there any evidence that mother had ever threatened father with bodily injury.</p>
<p>The only remaining question then is whether the evidence could meet a more general definition of abuse under ORS 107.137(1)(d), assuming there is such a distinction in the law&hellip;.  For the sake of argument, we assume—but do not conclude—that ORS 107.137(1)(d) has a separate, more general, definition of abuse than ORS 107.705(1). To the extent that we have allowed verbal abuse to be considered in a prior case, it was accompanied by physical abuse &hellip; [or at least verbal conduct] of a serious and menacing nature that implied a threat of physical violence&hellip;.</p>
<p>Thus, the question is whether mother's alleged verbal abuse, characterized as "gaslighting" by the trial court, legally rises to the level of "abuse" under ORS 107.137(1)(d). We conclude that the alleged conduct could not rise to the level of abuse under ORS 107.137(1)(d).</p>
<p>At most, the evidence here could show that mother and father did not communicate in a healthy manner, that mother had been at times dishonest with excuses for her frequent tardiness, and that mother had exaggerated or misrepresented childcare matters to father and the court. But mother did not threaten physical violence, nor were any of the comments of a serious and menacing nature. The method of the comments' delivery, chiefly via text, as opposed to [an] in-person threat &hellip;, further attenuates any possible abusiveness. That is not to say that no verbal conduct could ever rise to the level of abuse under ORS 107.137(1) (d), but we cannot say that mother's statements or actions identified by father or the court in this case rose to the level of abuse.</p>
<p>Father argues that the court's use of the terms gaslighting and abuse are irrelevant because the trial court was simply trying to articulate that it found mother not credible. We disagree with that reading. The trial court made its finding of abuse in the course of articulating the list of factors it had to consider under ORS 107.137(1). The court acknowledged that it had initially skipped ORS 107.137(1)(d), which addresses abuse, but then returned to it and made a finding that mother had abused father and noted that the court was considering that factor. While the trial court may have also used that evidence to find mother to be not credible (as, again, the trial court <em>did</em> explicitly find her to not be credible at the outset of its ruling), it still found that mother had committed abuse by gaslighting father&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/01/gaslighting-isnt-abuse-for-child-custody-law-purposes/">&quot;Gaslighting&quot; Isn&#039;t &quot;Abuse&quot; for Child Custody Law Purposes</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</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[
				Donald Trump's Deeply Disappointing Would-Be Assassin			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/donald-trumps-deeply-disappointing-would-be-assassin/" />
		<id>https://reason.com/?p=8380095</id>
		<updated>2026-05-01T22:02:44Z</updated>
		<published>2026-05-01T19:07:40Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Branch" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Presidential History" /><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="Gerald Ford" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Richard Nixon" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Violence" />		<summary type="html"><![CDATA[Cole Tomas Allen's actions just don't make sense, even in his own words, or in a time of political polarization.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/donald-trumps-deeply-disappointing-would-be-assassin/">
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		<p>On September 5, 1975, Lynette "Squeaky" Fromme, a member of the <a href="https://reason.com/1998/12/01/california-dreaming/">Manson Family cult</a>, stood a few feet away from President Gerald Ford in Sacramento, California, pointed a pistol at him, and unsuccessfully tried <a href="https://en.wikipedia.org/wiki/Attempted_assassination_of_Gerald_Ford_in_Sacramento">to shoot him</a>. Less than three weeks later in San Francisco, a different woman, an accountant named <a href="https://en.wikipedia.org/wiki/Attempted_assassination_of_Gerald_Ford_in_San_Francisco">Sara Jane Moore</a>, managed to actually fire her weapon but missed Ford before being tackled by a bystander.</p>
<p>Was there any deep meaning to such violent and potentially world-changing actions? According to her <a href="https://www.latimes.com/politics/story/2024-09-15/before-trump-ford-two-assassination-attempts">biographer</a>, Fromme "had no personal feelings about [Ford] one way or another&hellip;.She felt he was destroying the redwoods." The motivations of Moore, who died <a href="https://www.washingtonpost.com/obituaries/2025/09/25/sara-jane-moore-dead-ford">last year at age 95</a>, were similarly vague and impersonal, if a bit more political. <em>The Washington Post</em> noted in its obituary that she at various points was a "suburban Republican matron," an FBI informant, and "enthralled" by San Francisco's "radical activists and their Marxist rhetoric." As the <em>Post</em> summarized her comments at her sentencing hearing, "I finally understood and joined those who have only destruction and violence for a means of making change&hellip;and came to understand that violence can sometimes be constructive."</p>
<p>The twin attempts to assassinate Gerald Ford, one of America's least consequential but also least offensive presidents, remain puzzling, to say the least. As conspiracy theorists will remind you, Ford was part of the Warren Commission and <a href="https://www.deseret.com/2008/8/10/20268447/ford-was-the-fbi-s-spy-on-the-warren-commission/">thus guilty of something</a>, right? He was appointed vice president by Richard Nixon and confirmed by the Senate in December 1973, after Spiro Agnew resigned due to corruption charges but long before it became apparent Nixon might have to quit the Oval Office. Ford came in for a fair amount of abuse when he became president in August 1974 and immediately gave Nixon, by then the most hated person in the country, a "<a href="https://voicesofdemocracy.umd.edu/gerald-ford-remarks-on-signing-a-proclamation-granting-pardon-to-richard-nixon-speech-text/">full, free, and absolute pardon</a>&hellip;for all offenses against the United States which he, Richard Nixon, has committed or may have committed."</p>
<p>Yet nobody, even his would-be assassins, could muster strong feelings about Ford. Maybe the assassination attempts say less about him and his would-be killers and more about the times. The 1970s were, in <a href="https://www.latimes.com/archives/la-xpm-2006-dec-29-me-women29-story.html">the words</a> of historian Kevin Starr, "the goofiest decade of the century for California&hellip;in terms of its sheer ominous weirdness."</p>
<p>We desperately want our times to make sense and not just be goofy, ominous, and weird. When confronted with monstrous and seemingly inexplicable acts, we want their perpetrators to make sense too. Villainy and evil demand a backstory. But if Ford's two near misses with death a half-century ago suggest anything, it's that we are often left unsatisfied not just by history but by the people who would change its course.</p>
<p>That certainly seems to be the case with <a href="https://www.nbcnews.com/news/us-news/shooting-suspect-white-house-correspondents-dinner-cole-thomas-allen-rcna342146">Cole Tomas Allen</a>, the 31-year-old alleged gunman at last week's White House Correspondents' Dinner. His biography and manifesto provide some clues to his actions and state of mind but very little in the way of satisfactory answers that explain the sheer lunacy of what he tried to do.</p>
<p>He graduated from the prestigious California Institute of Technology in 2017 with an engineering degree, picked up a master's in computer science from Cal State Dominguez Hills last year, and was working as a tutor right before he took a cross-country train trip to kill the president. Described in <a href="https://abc7.com/post/is-cole-allen-parents-shocked-arrest-torrance-tutor-shooting-outside-white-house-correspondents-dinner/18982384/">news accounts</a> as "highly intelligent, shy, socially reclusive," and "at one point a devoted Christian," it's possible to patch together an outline of a character frustrated by a failure to deliver on early promise. But how does one get from there to trying to kill the president?</p>
<p>Allen's manifesto is an <a href="https://nypost.com/2026/04/26/us-news/read-whcd-gunman-cole-allens-full-anti-trump-manifesto/">odd document</a>, not least of which because of its chipper opening: "Hello everybody!" Though tidy and mostly temperate, there are signs of a deep-seated, internal struggle in lines such as this:</p>
<blockquote><p>I am no longer willing to permit a pedophile, rapist, and traitor to coat my hands with his crimes.</p>
<p>(Well, to be completely honest, I was no longer willing a long time ago, but this is the first real opportunity I've had to do something about it.)</p></blockquote>
<p>Though only a thousand or so words, the document rambles and shifts from basic declarations to a series of "Rebuttals to objections" in which he raises issues ("As a Christian, you should turn the other cheek") and then answers them ("Turning the other cheek when *someone else* is oppressed is not Christian behavior; it is complicity in the oppressor's crimes"), in a format that suggests (to me, anyway) he might have used an AI program or some other compositional aid. While mostly presented in mild, clinical language, the manifesto strongly suggests a disordered mind, one incapable of staying focused on the import of the task at hand. One of the objections he raises, for instance, is "This is not a convenient time for you to do this." That doesn't suggest a revolutionary in the throes of ideology as much as someone struggling to hang on to basic reality. Perhaps strangest of all, he signs off with advice that seems fully misplaced: "Stay in school, kids."</p>
<p>It's unlikely that whatever else we learn about him will help explain his behavior or motivation in any way that's more satisfying than Squeaky Fromme's or Sara Jane Moore's. People on the right might argue that the left has created a "permission structure" for political violence, especially toward Donald Trump, who is reviled as a dictator, tool of Russian autocrat Vladimir Putin, and, per Allen's manifesto, a child molester. They point to the <a href="https://www.foxnews.com/media/hasan-piker-sparks-backlash-luigi-mangione-remarks-claims-slain-ceo-engaged-social-murder">continuing support</a> for the alleged killer of healthcare executive Brian Thompson by radical chic journalists and podcasters such as Jia Tolentino and Hassan Piker. Given such a context, who can be surprised when violence erupts?</p>
<p>But hyperbolic language that seems to be a call to action by any means necessary is evident on the right, too, as when presidential adviser Stephen Miller <a href="https://x.com/FoxNews/status/1960162849025589382">tells</a> Fox News that "the Democrat Party is not a political party. It is a domestic extremist organization." More importantly, as the Cato Institute's Alex Nowrasteh has documented, "<a href="https://www.alexnowrasteh.com/p/politically-motivated-violence-is-283">politically motivated violence is a small threat</a>" and one that shows no substantial uptick in recent years. In his study of "killings by ideology" in the United States between 1975 and 2025, he notes that "Islamism" is by far and away the largest motivating factor but concludes, "there isn't&hellip;a statistically significant increase in the number of victims over time, as the deadliest triennial period was 2014-2016, and the safest was 2005-2007."</p>
<p>Cole Tomas Allen—like virtually all would-be and actual presidential assassins, he has been given a three-part name, a sick variation on teen mag conventions—didn't just fail in his grim and deranged task of killing the president. He has failed to explain himself. And it's unlikely that we will do a better job.</p>
<p>The post <a href="https://reason.com/2026/05/01/donald-trumps-deeply-disappointing-would-be-assassin/">Donald Trump&#039;s Deeply Disappointing Would-Be Assassin</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Avalon/U.S. DEPARTMENT OF JUSTICE/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Cole Tomas Allen]]></media:description>
		<media:title><![CDATA[Cole Allen-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Cole-Allen-v1-1200x675.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[
				Gov. Newsom's Defamation Lawsuit Against Fox News Over "Gavin Lied About Trump's Call" Claim Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/gov-newsoms-defamation-lawsuit-against-fox-news-over-gavin-lied-about-trumps-call-claim-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380300</id>
		<updated>2026-05-01T18:22:03Z</updated>
		<published>2026-05-01T18:22:03Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[An excerpt from Delaware Superior Court Judge Sean Lugg's 42-page opinion yesterday in Newsom v. Fox News Network, LLC: In&#8230;
The post Gov. Newsom&#039;s Defamation Lawsuit Against Fox News Over &#34;Gavin Lied About Trump&#039;s Call&#34; Claim Can Go Forward appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/gov-newsoms-defamation-lawsuit-against-fox-news-over-gavin-lied-about-trumps-call-claim-can-go-forward/">
			<![CDATA[<p>An excerpt from Delaware Superior Court Judge Sean Lugg's 42-page opinion yesterday in <a href="https://courts.delaware.gov/Opinions/Download.aspx?id=395150"><em>Newsom v. Fox News Network, LLC</em></a>:</p>
<blockquote><p>In the midst of civil unrest in Los Angeles, California, Governor Gavin C. Newsom spoke on the telephone with President Donald Trump. The call took place after 10:00 p.m. on the night of Friday, June 6, 2025 (Pacific Daylight Time) (after 1:00 a.m. on Saturday, June 7, 2025 (Eastern Daylight Time)). The two did not speak again before President Trump, at a Tuesday, June 10, 2025, Oval Office press conference, was asked when he last spoke with Governor Newsom; President Trump responded that he and Governor Newsom spoke "[a] day ago."</p>
<p>Soon thereafter, Governor Newsom posted on X that "[t]here was no call." President Trump then provided Fox News Network ("FNN") reporters a "phone log" evidencing the Friday night / Saturday morning call he had with Governor Newsom. On this information, FNN published—through nationally televised reporting overlaid by chyron—that "Gavin Lied About Trump's Call." &hellip;</p></blockquote>
<p>The court allowed Newsom's defamation case to go forward:</p>
<blockquote><p>Delaware's pleading standards at the motion to dismiss stage are minimal&hellip;. A complaint is sufficient to survive a motion to dismiss under [Delaware] Rule 12(b)(6) "[if] a plaintiff may recover under any reasonably conceivable set of circumstances susceptible of proof under the complaint." &hellip;</p>
<p><strong>[1.] It is reasonably conceivable that FNN knew the statements were false at the time of making them.</strong></p>
<p>FNN contends that the "'gist' or 'sting' of the suggestion that Newsom lied was substantially true," because "[t]he word 'lie' certainly encompasses Newsom's misleading tweet categorically denying he had a call with the President." "Substantial truth," FNN asserts, "turns on what Newsom actually said, not what he wishes he had said."</p>
<p>Governor Newsom responds that "the central—indeed, the only—dispute between Newsom and Trump was <em>when</em> the two had last spoken." According to Governor Newsom, this issue was so important that "reporters asked Trump <em>when</em> he has last spoken to Newsom." Governor Newsom's comment that he had no call with President Trump "[a] day ago" was not a lie as "[t]he timing of any call was not minor. It was <em>the</em> question." &hellip;</p></blockquote>
<p><span id="more-8380300"></span></p>
<blockquote><p>The crux of FNN's statements is that Governor Newsom was dishonest—lied—about not speaking with President Trump. [FNN host John] Roberts' response on June 10, 2025, to Governor Newsom's X post states that President Trump's call logs, and President Trump himself, assert that the President spoke with Governor Newsom. Roberts's response on X does not indicate when this conversation between Governor Newsom and President Trump occurred. [The host of another FNN show, Jesse Watters,] questioned why Governor Newsom would lie about speaking with the President. Watters' statement does not indicate when this conversation between Governor Newsom and President Trump occurred. The issue at the heart of FNN's statements was <em>if</em> Governor Newsom ever had a phone call conversation with President Trump, not <em>when</em>. And, FNN excluded pertinent context in casting this assertion of dishonesty.</p>
<p>It is reasonably conceivable, under the facts set forth in the complaint, that the "gist" or "sting" of FNN's statements is that Governor Newsom lied about having ever talked with President Trump and, thus, FNN's statements may reasonably be understood to be substantially untrue.</p>
<p><strong>[2.] It is reasonably conceivable that Watters' statement is not a protected opinion&hellip;.</strong></p>
<p>{FNN argues that its statements cannot be proven false because they are statements of opinion. Because falsity is a necessary element of defamation, "only statements alleging facts can properly be the subject of a defamation action." Pure opinions are not actionable.</p>
<p>Opinions do not, however, enjoy blanket protection. "[W]here an expression of opinion implies a false assertion of fact, the opinion can constitute actionable defamation." Whether a statement constitutes a statement of fact or opinion is a question of law. As such, this Court must determine whether the statements expressed in FNN's broadcasts are actionable: "whether a reasonable fact finder could conclude that the published statement declares or implies a provably false assertion of fact."}</p>
<p>[S]tating "in my opinion, this person is a liar," "implies a knowledge of facts which lead to the conclusion that [a particular person] told an untruth." "To decide whether a statement is fact or opinion, a court must put itself in the place of an average reader and determine the natural and probable effect of the statement, considering both the language and the context." &hellip;</p>
<p>Watters, framed by the chyron "Gavin Lied about Trump's Call," stated:</p>
<blockquote><p>Newsom responded, and he said there wasn't a phone call. He said Trump never called him. Not even a voicemail, he said. But John Roberts got Trump's call logs, and it shows Trump called him late Friday night and they talked for 16 minutes. Why would Newsom lie and claim Trump never called him? Why would he do that?</p></blockquote>
<p>On the record presently established, this statement implies knowledge of facts that could lead a person to believe Governor Newsom lied. FNN relied on President Trump's phone call logs yet excluded President Trump's temporal description of the call—"a day ago."</p>
<p>The alleged facts do not support finding Watters' rhetorical question to be a constitutionally protected opinion. FNN broadcast the statement on Fox News Channel. The statement was announced as a "Fox News Alert." "[A] headline over a news story arguably implies a factual assertion." It is reasonably conceivable that an average viewer could determine the statement to be one of fact, not opinion.</p>
<p>[<strong>3.] A finding of actual malice [i.e., that FNN knew the statement was false or likely false] is reasonably conceivable &hellip;</strong></p>
<p>Governor Newsom alleges that FNN "deliberately presented a false picture" of the June 6/7 phone call "to fulfill their preconceived narrative" and that "Fox advanced this falsity about Governor Newsom out of a desire to harm him politically." He contends that FNN harbors ill-will towards him and engages in a "pattern of employing preconceived false narratives to attack Governor Newsom."</p>
<p>To support this claim, Governor Newsom cites to a segment aired on <em>Jesse Watters Primetime</em>, on June 20, 2025, in which Watters states Governor Newsom attended "a swanky wine tasting party as riots engulfed Los Angeles and mobs vandalized buildings." While Governor Newsom asserts the June 20 comments about his attending a "swanky wine tasting party" are false, the Court understands their inclusion in the complaint to support his allegation of actual malice. This "misrepresentation," Governor Newsom argues, represents "Fox's perverse internal culture and slavish partisan mission &hellip; to purposely avoid the truth in service of a preconceived narrative."</p>
<p>The Amended Complaint alleges facts which, when viewed in a light most favorable to Governor Newsom, evidence FNN published false information about Governor Newsom with knowledge of the statement's falsity or with a reckless disregard for whether or not it was true. Thus, under the standard applicable here, the facts are reasonably susceptible to a finding of actual malice&hellip;.</p></blockquote>
<p>Michael J. Teter (Legal Accountability Center / Teter Legal), and Mark Bankston, Brian E. Farnan, and Michael J. Farnan (Farnan LLP) represents Newsom.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/gov-newsoms-defamation-lawsuit-against-fox-news-over-gavin-lied-about-trumps-call-claim-can-go-forward/">Gov. Newsom&#039;s Defamation Lawsuit Against Fox News Over &quot;Gavin Lied About Trump&#039;s Call&quot; Claim Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				The Federal Government Once Tried To Restrict Prediction Markets. Now It's Suing States To Save Them.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/the-federal-government-once-tried-to-restrict-prediction-markets-now-its-suing-states-to-save-them/" />
		<id>https://reason.com/?p=8380283</id>
		<updated>2026-05-01T17:11:29Z</updated>
		<published>2026-05-01T17:15:04Z</published>
			<category scheme="https://reason.com/latest/" term="Commodities markets" /><category scheme="https://reason.com/latest/" term="Online Gambling" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="betting" /><category scheme="https://reason.com/latest/" term="betting markets" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Gambling" /><category scheme="https://reason.com/latest/" term="Massachusetts" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Wisconsin" />		<summary type="html"><![CDATA[In a bid to “reaffirm its exclusive jurisdiction” over prediction markets such as Kalshi, the Commodity Futures Trading Commission is suing six states for interfering in federally regulated financial markets.]]></summary>
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		<p><span style="font-weight: 400;">"When will traffic at the Strait of Hormuz return to normal?" Depending on when you believe this will happen and which prediction market you're using, a $100 position on this event contract could net as much as $400. But if you live in one of the states </span><a href="https://pro.stateaffairs.com/al/gaming/kalshi-state-litigiation-update"><span style="font-weight: 400;">suing</span></a><span style="font-weight: 400;"> the prediction market Kalshi, you might not be able to profit off your hunch.</span></p>
<p><span style="font-weight: 400;">In April, Wisconsin </span><a href="https://www.wisdoj.gov/PressReleases/complaint-kalshi-sc.pdf"><span style="font-weight: 400;">sued</span></a><span style="font-weight: 400;"> Kalshi and several other prediction markets—platforms that let people make bets on the outcomes of various events—alleging that they facilitate illegal sports gambling. The platforms, and their millions of users, have found an unlikely ally: the federal government.</span></p>
<p><span style="font-weight: 400;">Shortly after Wisconsin filed suit, the U.S. Commodity Futures Trading Commission (CFTC)—the federal body that regulates prediction markets—</span><a href="https://thehill.com/policy/technology/5853297-cftc-sues-wisconsin-prediction-markets/"><span style="font-weight: 400;">filed</span></a><span style="font-weight: 400;"> a legal challenge against the state. The CFTC argues that the </span><a href="https://www.law.cornell.edu/uscode/text/7/2"><span style="font-weight: 400;">Commodity Exchange Act</span></a><span style="font-weight: 400;"> (CEA) gives it "exclusive jurisdiction" in the "operation of federal law in regulating financial markets," including prediction markets, which operate more like marketplaces than gaming houses.</span></p>
<p><span style="font-weight: 400;">Wisconsin isn't the only state treating prediction markets as traditional gambling. </span><a href="https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/66012fc8-0e50-80f4-c896-b82706c7f32b/Kalshi_Filing.pdf"><span style="font-weight: 400;">Arizona</span></a><span style="font-weight: 400;">, </span><a href="https://business.cch.com/srd/20251203_Kalshiex-v-Cafferelli_1_complaint.pdf"><span style="font-weight: 400;">Connecticut</span></a><span style="font-weight: 400;">, </span><a href="https://igb.illinois.gov/sports-wagering/cease-and-desist-letters.html"><span style="font-weight: 400;">Illinois</span></a><span style="font-weight: 400;">, </span><a href="https://www2.ca3.uscourts.gov/opinarch/251922p.pdf"><span style="font-weight: 400;">New Jersey</span></a><span style="font-weight: 400;">, and </span><a href="https://www.mass.gov/news/ag-campbell-sues-online-prediction-market-for-illegal-and-unsafe-sports-wagering-operations"><span style="font-weight: 400;">Massachusetts</span></a><span style="font-weight: 400;"> have all pursued legal action against these platforms. The CFTC has countersued these states too, and has filed </span><i><span style="font-weight: 400;">amicus</span></i><span style="font-weight: 400;"> briefs in the </span><a href="https://www.cftc.gov/PressRoom/PressReleases/9183-26"><span style="font-weight: 400;">U.S. Court of Appeals for the 9th Circuit</span></a><span style="font-weight: 400;"> and the </span><a href="https://www.cftc.gov/PressRoom/PressReleases/9219-26"><span style="font-weight: 400;">Supreme Judicial Court of Massachusetts</span></a><span style="font-weight: 400;"> in support of prediction markets.</span></p>
<p><span style="font-weight: 400;">Ironically, the federal government itself was eager to regulate these platforms strictly. In 2023, the CFTC </span><a href="https://www.cftc.gov/node?page=45"><span style="font-weight: 400;">blocked</span></a><span style="font-weight: 400;"> Kalshi from trading contracts on the political party most likely to control Congress, labeling them "political event contracts" linked to illegal gaming and contrary to the public interest.</span></p>
<p><span style="font-weight: 400;">Kalshi </span><a href="https://business.cch.com/srd/20231101_KalshiEx-v-CFTC_complaint.pdf"><span style="font-weight: 400;">challenged</span></a><span style="font-weight: 400;"> the order, and the U.S. District Court for the District of Columbia found in the platform's favor, </span><a href="https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2023cv03257/261465/51/"><span style="font-weight: 400;">ruling</span></a><span style="font-weight: 400;"> that contracts on elections involve neither illegal activity nor gaming. The U.S. Court of Appeals for the D.C. Circuit later </span><a href="https://media.cadc.uscourts.gov/opinions/docs/2024/10/24-5205-2077790.pdf"><span style="font-weight: 400;">upheld</span></a><span style="font-weight: 400;"> the ruling.</span></p>
<p><span style="font-weight: 400;">But with prediction markets </span><a href="https://www.cftc.gov/sites/default/files/2026/03/2026-05105a.pdf"><span style="font-weight: 400;">growing</span></a><span style="font-weight: 400;"> in popularity over the last five years and with more Americans </span><a href="https://www.pewresearch.org/short-reads/2025/10/02/americans-increasingly-see-legal-sports-betting-as-a-bad-thing-for-society-and-sports/"><span style="font-weight: 400;">concerned</span></a><span style="font-weight: 400;"> about the effects of legalized gambling, several states are moving against these platforms. In 2025, Massachusetts became the first state to sue a prediction market, </span><a href="https://www.mass.gov/news/ag-campbell-sues-online-prediction-market-for-illegal-and-unsafe-sports-wagering-operations"><span style="font-weight: 400;">charging</span></a><span style="font-weight: 400;"> Kalshi with "neglecting age restrictions, player protection programs, state taxes, and other consumer protections."</span></p>
<p><span style="font-weight: 400;">An </span><a href="https://ag.ny.gov/sites/default/files/amicus-curiae/massachusetts-v-kalshiex-llc-amicus-brief-2026.pdf"><i><span style="font-weight: 400;">amicus</span></i><span style="font-weight: 400;"> brief</span></a><span style="font-weight: 400;"> from 38 states and D.C. supporting Massachusetts's lawsuit against Kalshi argues that the CEA </span><a href="https://uscode.house.gov/view.xhtml?req=(title:7%20section:7a-2%20edition:prelim)"><span style="font-weight: 400;">bans</span></a><span style="font-weight: 400;"> event contracts tied to illegal acts—such as war or gaming—or to activities that the CFTC deems, "by rule or regulation," to be contrary to the public interest.</span></p>
<p><span style="font-weight: 400;">Yet Judge Jia M. Cobb already </span><a href="https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2023cv03257/261465/51/"><span style="font-weight: 400;">rejected</span></a><span style="font-weight: 400;"> this argument when the U.S. District Court for D.C. ruled in Kalshi's favor in 2024. Cobb </span><a href="https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2023cv03257/261465/51/"><span style="font-weight: 400;">stated</span></a><span style="font-weight: 400;"> that the CEA "specifically preempts the application of state law to derivative markets" and that event contracts do not "amount to" terrorism, assassination, or war.</span></p>
<p><span style="font-weight: 400;">The CFTC can, for example, reject a contract on whether a plane sabotaged by terrorists will crash, because a payout based on criminal conduct is both illegal and against the public interest. But it couldn't reject a contract on a routine policy decision, such as whether the Federal Reserve will raise interest rates.</span></p>
<p><span style="font-weight: 400;">Cobb also found that the CEA's prohibitions on prediction markets apply only "if the contract's subject itself" is related to the terms. In fact, the </span><a href="https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2023cv03257/261465/51/"><span style="font-weight: 400;">2024 circuit court ruling</span></a><span style="font-weight: 400;"> seems to nullify each state's major point of contention, since it found that prediction markets for sports are not "gaming"—that term, it determined, describes playing a game rather than trading on its outcome.</span></p>
<p><span style="font-weight: 400;">This could render Massachusetts' entire argument moot, as the state </span><a href="https://www.mass.gov/news/ag-campbell-sues-online-prediction-market-for-illegal-and-unsafe-sports-wagering-operations"><span style="font-weight: 400;">specifically alleges</span></a><span style="font-weight: 400;"> that Kalshi runs afoul of laws governing "sports gaming."</span></p>
<p><span style="font-weight: 400;">It's unclear how these court challenges will turn out. But if you're an adult who uses these aggregators of public opinion and who wants to spend your money as you see fit, you now have an unlikely ally in the federal government. Perhaps there's a way to cash in on that.</span></p>
<p>The post <a href="https://reason.com/2026/05/01/the-federal-government-once-tried-to-restrict-prediction-markets-now-its-suing-states-to-save-them/">The Federal Government Once Tried To Restrict Prediction Markets. Now It&#039;s Suing States To Save Them.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Lex Villena; Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Betting market graph and the U.S. Capitol with money in the background]]></media:description>
		<media:title><![CDATA[prediction-federal-elections]]></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[
				A Journalism Tax Is a New Front in Australia's War on American Tech			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/a-journalism-tax-is-a-new-front-in-australias-war-on-american-tech/" />
		<id>https://reason.com/?p=8380240</id>
		<updated>2026-05-01T16:38:44Z</updated>
		<published>2026-05-01T16:38:44Z</published>
			<category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Australia" /><category scheme="https://reason.com/latest/" term="Facebook" /><category scheme="https://reason.com/latest/" term="Google" /><category scheme="https://reason.com/latest/" term="Media" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="TikTok" />		<summary type="html"><![CDATA[A new bill would compel Meta, Google, and TikTok to pay for Australian journalism.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/a-journalism-tax-is-a-new-front-in-australias-war-on-american-tech/">
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		<p><span style="font-weight: 400;">The Australian government, which has already imposed strict regulations on American tech firms operating in the country, now expects these companies to pay taxes to support Australian journalism.</span></p>
<p><span style="font-weight: 400;">On Tuesday, Australia unveiled </span><a href="https://consult.treasury.gov.au/c2026-763377"><span style="font-weight: 400;">draft legislation</span></a><span style="font-weight: 400;"> for a "News Bargaining Incentive," which would require major tech companies, including Meta, Google, and TikTok, to make commercial deals with news organizations or face a 2.25 percent tax on local revenue, <a href="https://www.wsj.com/tech/australia-to-tax-big-tech-companies-that-dont-pay-for-local-news-7279e81a">reports</a> </span><i><span style="font-weight: 400;">The Wall Street Journal</span></i><span style="font-weight: 400;">. Companies would be incentivized to comply by </span><a href="https://www.theguardian.com/australia-news/2026/apr/28/albanese-tech-companies-australian-media"><span style="font-weight: 400;">receiving</span></a><span style="font-weight: 400;"> offsets of either 150 or 170 percent, effectively reducing the tax. The legislation <a href="http://youtube.com/live/ndLK39SDGcM?t=1392s">would not apply to AI companies</a>.</span></p>
<p><span style="font-weight: 400;">Prime Minister Anthony Albanese told reporters that the bargaining incentive would bring in an expected </span><a href="https://www.youtube.com/live/ndLK39SDGcM?si=ZKL1OrCjxHFZC4Vz&amp;t=697"><span style="font-weight: 400;">200 to 250 million Australian dollars</span></a><span style="font-weight: 400;">, "every single dollar" of which "will go back to journalists."</span></p>
<p><span style="font-weight: 400;">Australia's communications minister, Anika Wells, pitches this as a </span><a href="https://www.youtube.com/live/ndLK39SDGcM?si=RaPk_mJ6hiWIZTEp&amp;t=983"><span style="font-weight: 400;">way to fix</span></a><span style="font-weight: 400;"> the country's old News Media Bargaining Code, which took effect in 2021. Like the legislation introduced this week, that code pressured designated tech companies to pay journalistic outlets for news. Google and Meta initially </span><a href="https://www.abc.net.au/news/2024-03-01/meta-won-t-renew-deal-with-australian-news-media/103533874"><span style="font-weight: 400;">entered</span></a><span style="font-weight: 400;"> into agreements with news outlets. But when Meta's contract expired in 2024, the company </span><a href="https://www.theguardian.com/media/2024/mar/14/meta-facebook-news-media-bargaining-code"><span style="font-weight: 400;">refused</span></a><span style="font-weight: 400;"> to renew, arguing that just 3 percent of its content was news-related.</span></p>
<p><span style="font-weight: 400;">A Meta spokesperson </span><a href="https://x.com/andymstone/status/2049198675109216575?s=20"><span style="font-weight: 400;">criticized</span></a><span style="font-weight: 400;"> Australia's most recent proposal as a "digital services tax," writing on X: "News organizations opt to post content on our platforms because they get value from it. We don't take their news content. Yet the tax applies whether or not news content appears on our platforms."</span></p>
<p><span style="font-weight: 400;">Google is also pushing back against the tax, <a href="https://apnews.com/article/australia-tax-meta-google-tiktok-journalism-8022cacf561f2fc254999b04346eac87">explaining</a> in a statement that the proposal</span><span style="font-weight: 400;"> "ignores the fact that Google already has commercial agreements with the news industry, misunderstands how the ad market changed and mandates payments from some companies while arbitrarily excluding platforms like Microsoft, Snapchat and OpenAI—despite the major shift in how people consume news."</span></p>
<p><span style="font-weight: 400;">The Australian government has a history of meddling in its country's information environment</span><span style="font-weight: 400;">. In December, it </span><a href="https://www.bbc.com/news/articles/cwyp9d3ddqyo"><span style="font-weight: 400;">prohibited</span></a><span style="font-weight: 400;"> people under the age of 16 from using social media platforms. Enforcement has been rocky, and many young Australians have </span><a href="https://reason.com/2026/04/17/most-young-australians-successfully-evade-the-countrys-social-media-ban/"><span style="font-weight: 400;">successfully evaded</span></a><span style="font-weight: 400;"> the ban. Instead of accepting that kids are savvy enough to evade restrictions, the Australian government </span><a href="https://www.reuters.com/sustainability/society-equity/australia-investigates-tech-giants-over-social-media-ban-compliance-2026-03-30/"><span style="font-weight: 400;">threatened</span></a><span style="font-weight: 400;"> to sue Facebook, Instagram, Snapchat, TikTok, and YouTube for noncompliance.</span></p>
<p><span style="font-weight: 400;">The mission to save local journalism may appear well-meaning. Who doesn't want to support original reporting? But</span><span style="font-weight: 400;"> the new scheme would not just benefit scrappy reporters at small-town papers doing shoe-leather journalism. While it offers incentives for tech companies to strike deals with </span><a href="https://www.theguardian.com/media/2026/apr/28/tech-companies-levy-australian-news-journalism-explained"><span style="font-weight: 400;">smaller organizations</span></a><span style="font-weight: 400;">, the companies could still reduce their tax burden by making deals with larger operations. Australia's major news organizations, including News Corp Australia, the Australian Broadcasting Corporation, and Nine Entertainment Co., have been <a href="https://www.abc.net.au/about/media-centre/press-releases/joint-statement-news-bargaining-incentive/106617236">vocal supporters</a> of the code and would likely be its major beneficiaries.</span><span style="font-weight: 400;"><br />
</span></p>
<p><span style="font-weight: 400;">And even if the new code gives a boost to struggling newsrooms, that wouldn't address the journalism industry's underlying problems. It would impose a system where Australian newsrooms rely on another country's tech industry for survival. The more durable, albeit challenging, path forward for newsrooms is to reach audiences and secure funding without a government middleman.</span></p>
<p>The post <a href="https://reason.com/2026/05/01/a-journalism-tax-is-a-new-front-in-australias-war-on-american-tech/">A Journalism Tax Is a New Front in Australia&#039;s War on American Tech</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Jonathan Raa/ZUMAPRESS/Newscom/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Smart phone with tech apps on it, with the Australian flag in the background]]></media:description>
		<media:title><![CDATA[04.29.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Andrew Miller</name>
							<uri>https://reason.com/people/andrew-miller/</uri>
					</author>
					<title type="html"><![CDATA[
				The Self-Driving Car Fight in Congress Isn't Really About Safety at All			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/the-self-driving-car-fight-in-congress-isnt-really-about-safety-at-all/" />
		<id>https://reason.com/?p=8379914</id>
		<updated>2026-04-30T15:02:24Z</updated>
		<published>2026-05-01T16:00:52Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Transportation Policy" /><category scheme="https://reason.com/latest/" term="Driverless Cars" /><category scheme="https://reason.com/latest/" term="Federalism" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Tesla" /><category scheme="https://reason.com/latest/" term="Waymo" />		<summary type="html"><![CDATA[Bootleggers, Baptists, and the fight over who gets to write America's self-driving car rules.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/the-self-driving-car-fight-in-congress-isnt-really-about-safety-at-all/">
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		<p><span style="font-weight: 400;">To put American traffic deaths in perspective, consider the Miami Marlins. Since 2012, the baseball team has played its home games at the stadium now called LoanDepot Park. The field's official capacity is 36,742, roughly the number of Americans who <a href="https://www.nsc.org/newsroom/nsc-predicts-12-percent-decrease-traffic-deaths">die in traffic crashes every year</a>. America loses a baseball stadium's worth of lives to vehicular accidents every 12 months.</span></p>
<p><span style="font-weight: 400;">For the first time, there's a way to prevent many, and perhaps most, of those deaths: self-driving cars. </span></p>
<p><span style="font-weight: 400;">But self-driving cars are controversial. Some worry about safety. Others worry about jobs. Opposition from unions and local political figures has slowed their rollout in cities like <a href="https://www.wired.com/story/waymo-hits-a-rough-patch-in-washington-dc/">Washington, D.C</a>., and <a href="https://reason.com/2025/11/13/the-new-luddites-want-to-pump-the-brakes-on-driverless-cars/">Boston</a>. And Congress has now taken up the task of writing a law that would govern how self-driving cars operate and what safety measures they must meet. The bulk of current efforts has produced not one bill but two, which pull in opposite directions.</span></p>
<p><span style="font-weight: 400;">On one side is the <a href="https://www.congress.gov/bill/119th-congress/house-bill/7390/text">SELF DRIVE Act</a>, which would create the first federal statute on automated vehicle (A.V.) safety. </span></p>
<p><span style="font-weight: 400;">Along with companion legislation, the bill would require manufacturers to self-certify their systems against a "safety case" standard, i.e., a structured and evidence-based argument that their system won't pose an unreasonable risk of accidents</span><b>. </b><span style="font-weight: 400;">It</span> <span style="font-weight: 400;">would</span> <span style="font-weight: 400;">permit companies to deploy as many as 90,000 vehicles on public streets, up from the current cap of 2,500. The bill passed a House subcommittee in February on a 12–11 vote and now awaits a full committee markup (that has not yet been scheduled). </span></p>
<p><span style="font-weight: 400;">On the other side is the <a href="https://www.congress.gov/bill/119th-congress/senate-bill/3536">Stay in Your Lane Act</a>, introduced in the Senate by Sens. Ed Markey (D–Mass.)</span> <span style="font-weight: 400;">and Richard Blumenthal (D–Conn.). It would require manufacturers to define an "operational design domain" (ODD), i.e., the specific conditions under which their system is designed to operate safely, and prohibit operation outside it. </span></p>
<p><span style="font-weight: 400;">The driving forces behind the bills and their different emphases will be familiar to anyone who has studied how high-stakes regulation often works. And it all goes back to Prohibition.</span></p>
<p><span style="font-weight: 400;">A century ago, both church folk and gangsters advocated for alcohol restrictions. The former backed Prohibition out of sincere moral conviction, the latter out of a desire to seize a market for themselves. To describe such unlikely alignments, economist Bruce Yandle coined the term </span><span style="font-weight: 400;">"bootleggers and Baptists." The Baptists act as high-minded advocates who provide public legitimacy for a rule; the bootleggers serve as commercial interests who stand to benefit and provide political muscle. </span></p>
<p><span style="font-weight: 400;">The same sort of high-low coalition is present in the push for self-driving car laws. Though both bills are framed by their proponents as safety measures, each has its own mix of Baptists and bootleggers in support. Yet despite their safety-focused arguments, neither side is engaging with the actual safety data that would settle the debate. </span></p>
<h1><b>The Bill Incumbents Wrote for Themselves</b></h1>
<p><span style="font-weight: 400;">The "Baptist" case for the SELF DRIVE Act is simple enough: more self-driving cars, deployed more quickly, would save more lives. There's something to this idea. Most of the 40,000 road deaths annually are caused by human error; the deployment of driving automation at scale nationally could prevent many of them.</span></p>
<p><span style="font-weight: 400;">The current patchwork of 34 different state laws—some permissive, some restrictive, and often incompatible—makes that difficult. The </span><a href="https://www.uschamber.com/technology/letter-for-the-record-on-the-hearing-examining-legislative-options-to-strengthen-motor-vehicle-safety-and-u-s-automotive-leadership#:~:text=China%20currently%20leads%20in%20key%20metrics%20such%20as%20vehicle%20miles%20traveled%2C%20cumulative%20rides%2C%20cumulative%20truckloads%2C%20and%20the%20number%20of%20AVs%20in%20operation"><span style="font-weight: 400;">U.S. Chamber of Commerce has argued</span></a><span style="font-weight: 400;"> that Chinese firms now lead in cumulative miles without a human driver, total deployments, and fleet size: a claim the industry deploys freely, and one that points to real competitive anxiety. The SELF DRIVE Act addresses both concerns by allowing American firms to deploy more automated vehicles faster.</span></p>
<p><span style="font-weight: 400;">Behind the Baptists are the bootleggers. The SELF DRIVE Act would require manufacturers to develop a "safety case" for each version of their automated driving system, meaning a structured argument, backed by evidence, that their system doesn't pose an unreasonable risk of accidents. This sounds more rigorous than it is: The framework rests on subjective language—systems must be "sufficient," behave "appropriately," be "likely" to meet standards—a low bar in any product-safety context.</span></p>
<p><span style="font-weight: 400;">The bill also relies on manufacturer self-certification, meaning manufacturers grade their own homework. There is no requirement that the safety case be reviewed by the National Highway Traffic Safety Administration (NHTSA) or a third party before deployment; a manufacturer submits it and begins operating unless the agency objects. (The Owner-Operator Independent Drivers Association, which represents small commercial carriers who would share roads with these vehicles, has raised the same objection to self-certification in formal opposition to the bill.)</span></p>
<p><span style="font-weight: 400;">The bill bends the regulatory regime in other ways. The current cap on the number of vehicles a manufacturer may deploy under a testing permit, which exempts them from the federal safety standards written for human-driven vehicles, is 2,500 per year. Companion legislation traveling with the bill would raise that cap to 90,000, a 36-fold increase. More striking still, the bill allows manufacturers to earn revenue from freight and passengers during the testing phase. If self-driving vehicles are in commercial service while being "tested," what one has is not a development stage but a business model.</span></p>
<p><span style="font-weight: 400;">Who benefits from self-certification, a 90,000-vehicle exemption cap, and revenue during testing? The answer is </span><i><span style="font-weight: 400;">the incumbents</span></i><span style="font-weight: 400;">, firms like Waymo, Tesla, Aurora, and Uber: companies large enough to deploy at these levels, sophisticated enough to comply with the bill's requirements, and established enough to have the regulatory teams to navigate subjective standards. The subcommittee vote was 12–11, near the party line, with Democrats criticizing the bill's divergence from an earlier bipartisan draft they'd helped write. What emerged has the unanimous backing of the industry: Waymo, Tesla, Aurora, Uber, the Autonomous Vehicle Industry Association, and the U.S. Chamber of Commerce all support it.</span></p>
<p><span style="font-weight: 400;">With every incumbent in the sector aligning behind a bill for which the vote breaks almost entirely along party lines, it's clear that the Baptist framing is doing a great deal of work here. Specifically, it's providing insulation for a bill that raises the deployment ceiling, lowers the compliance bar, and lets the largest players earn revenue before the rules are finalized.</span></p>
<h1><b>The Bill That Costs Waymo Nothing and Tesla a Lot</b></h1>
<p><span style="font-weight: 400;">The Baptist case for the Stay in Your Lane Act treats the problem differently. Instead of speeding up the deployment process, it focuses on defining specific safe use cases so that self-driving technology isn't used in a way likely to cause accidents.</span></p>
<p><span style="font-weight: 400;">To be fair to this approach, the bulk of serious A.V.-related incidents have all been caused by Advanced Driver-Assistance Systems (ADAS), most notably Tesla's Supervised Full Self-Driving (an oxymoron). </span></p>
<p><span style="font-weight: 400;">Self-driving cars are judged on the SAE (Society of Automotive Engineers) taxonomy, which provides a five-level designation for each type of self-driving vehicle. Lower-level systems are less than fully autonomous. Higher-level systems have more ability to operate without human assistance. </span></p>
<p><span style="font-weight: 400;">ADAS is what engineers refer to as a Level 2 system, one that can assist a human driver by undertaking simple operations like maintaining the vehicle's speed and position, changing lanes, and so forth, but requires a human driver present and ready to intervene in situations the system can't handle. Today, ADAS is permitted to operate on any road in the country, without limits on where or under what conditions it may engage.</span></p>
<p><span style="font-weight: 400;">Incidents involving ADAS dominate NHTSA's crash-reporting data, in part because Tesla alone operates millions of Level-2-equipped vehicles, dwarfing the entire Level-4 fleet in scale. The act correctly treats ADAS incidents as a problem, and requires that manufacturers define an ODD and prohibit operation outside it. The act's advocates, Consumer Reports and Advocates for Highway and Auto Safety, are arguing for what they think is a reasonable safety requirement.</span></p>
<p><span style="font-weight: 400;">The bootleggers here are harder to spot. The bill does have a clear competitive effect: its functional definition of driving automation covers any system performing simultaneous lateral and longitudinal vehicle control, which would include both Tesla's ADAS and Waymo's SAE Level 4 ADS. </span></p>
<p><span style="font-weight: 400;">But Waymo </span><i><span style="font-weight: 400;">already</span></i><span style="font-weight: 400;"> operates within a defined geofenced operational design domain as a matter of practice: its robotaxis carry no human driver, operate only on premapped urban roads, and follow a policy of reporting every minor contact event, regardless of severity.</span></p>
<p><span style="font-weight: 400;">In other words, the bill codifies as a requirement what Waymo already does voluntarily. Conversely, Tesla operates without such restrictions, on any road, under any conditions. The Stay in Your Lane Act is therefore largely costless to Waymo and constraining to Tesla.</span></p>
<p><span style="font-weight: 400;">That asymmetry is founded on the fact that Waymo has built a system disciplined enough to operate safely within defined limits, while Tesla hasn't. ODD-bounded operation is how Level 4 systems actually function: They handle specific conditions well, not every condition adequately, and require manufacturers to define and enforce those conditions in line with the technology's actual architecture.</span></p>
<p><span style="font-weight: 400;">The argument that the ODD standard might appear meritorious but is just being pushed to give Waymo a competitive advantage would require evidence that the standard's architects shaped it around what Waymo already does. There is no such evidence in the public record; Waymo has simply built a system disciplined enough to pass a test that Tesla currently cannot.</span></p>
<p><span style="font-weight: 400;">You would expect the bootleggers here to be the unions, but they have been curiously silent. In 2017, when the SELF DRIVE Act was first introduced, the International Brotherhood of Teamsters successfully fought to exclude heavy commercial vehicles from its scope. The 2026 version removes that exclusion; automated trucks are explicitly covered. The Teamsters' standing federal policy demands a human operator in every vehicle regardless of automation level. Yet no public, bill-specific statement on the SELF DRIVE Act has been issued, despite active campaigning on autonomous vehicle legislation in several states. Whatever the Teamsters are doing, they're not doing it in public.</span></p>
<h1><b>The Evidence Nobody Wants To Cite</b></h1>
<p><span style="font-weight: 400;">Given that both sides are making the case that their preferred bill makes the public safer, it's striking how little either engages with the evidence that we have. </span></p>
<p><span style="font-weight: 400;">Start with the official data: NHTSA's crash-reporting framework requires manufacturers to report incidents but does not require disclosure of fleet size or distances traveled. Without a mileage denominator, no per-mile crash rate can be calculated; we know how many crashes occurred but can't say whether that number is high or low. Congress knew this before it began drafting legislation, and drafted anyway.</span></p>
<p><span style="font-weight: 400;">Consumer Reports and Advocates for Highway and Auto Safety are the two most prominent consumer-safety organizations in the federal AV debate: They submitted formal opposition letters to the House subcommittee, testified before the Senate, and have staked out the position that the SELF DRIVE Act "</span><a href="https://advocacy.consumerreports.org/wp-content/uploads/2026/01/Letter-to-EC-CMT-Re_-Auto-Safety-Leg.-Hearing-1-12-2026-1.pdf"><span style="font-weight: 400;">lacks requirements for independent verification or certification</span></a><span style="font-weight: 400;">" of manufacturer safety claims. This would be a reasonable demand, except that none of them have acknowledged, disputed, or engaged with the peer-reviewed evidence that already exists. </span></p>
<p><span style="font-weight: 400;">Waymo's crash rate study, published in </span><a href="https://www.tandfonline.com/doi/full/10.1080/15389588.2024.2380786"><i><span style="font-weight: 400;">Traffic Injury Prevention</span></i></a><span style="font-weight: 400;"> by Kusano et al. in 2024, found an 80 percent reduction in any-injury crashes and a 55 percent reduction in police-reported crashes against comparable human benchmarks across 7.1 million rider-only miles. A joint study by Swiss Re and Waymo, published in </span><a href="https://doi.org/10.1016/j.heliyon.2024.e34379"><i><span style="font-weight: 400;">Heliyon</span></i></a><span style="font-weight: 400;">, found a 76 percent reduction in property damage liability claims and zero bodily injury claims over 3.8 million miles, against a Swiss Re baseline of more than 600,000 claims. </span></p>
<p><span style="font-weight: 400;">It's true that all authors on the crash-rate study are Waymo employees, and the methodology has not been independently replicated. But no public document from Consumer Reports or Advocates for Highway and Auto Safety cites, disputes, or engages with any of it. They are demanding to be shown exactly the kind of evidence that already exists, which is a strange posture for organizations that describe themselves as evidence-driven.</span></p>
<p><span style="font-weight: 400;">The opposition from these safety advocates appears to be procedural and institutional, not empirical: They object to self-certification, broad preemption, and the absence of independent verification. Engaging with the Waymo data on its own terms would require them to distinguish between the reckless use of Level 2 systems and the demonstrated safety of mature Level 4 technology. Making that distinction would complicate their opposition to the SELF DRIVE Act, and so they have not made it.</span></p>
<h1><b>Choosing Our Lane</b></h1>
<p><span style="font-weight: 400;">Thinking about the bills this way leads to a sour conclusion. The best possible federal A.V. framework—one that would prevent state patchwork, mandate independent verification of safety cases, and write the Level 2/Level 4 distinction into statute—has no bootleggers behind it. </span></p>
<p><span style="font-weight: 400;">No major industry player wants genuine independent verification when self-certification is available; no safety advocacy coalition wants to make the Level 2/Level 4 distinction when blurring the two makes restriction easier to argue for; and no union wants to appear in public opposing a safety bill. Yandle's framework predicts why the solution isn't on offer: Every actor with legislative capacity has chosen their own side, none of which maps perfectly onto the public interest. </span></p>
<p><span style="font-weight: 400;">The ODD framework from the Stay in Your Lane Act, folded into the preemptive structure that only the SELF DRIVE Act</span> <span style="font-weight: 400;">provides, and stripped of self-certification, would be a bill worth supporting. It is not on offer. The question to consider is, given two imperfect bills, which one leaves more room for correction, and which coalition, if it wins, will be more receptive to the amendments the evidence demands.</span></p>
<p><span style="font-weight: 400;">The SELF DRIVE Act</span> <span style="font-weight: 400;">is the better bet</span><i><span style="font-weight: 400;">.</span></i><span style="font-weight: 400;"> Structurally, it alone establishes a comprehensive preemptive federal framework for self-driving regulation, and without one there is nothing to improve: 34 state regimes calcifying in place are harder to fix than a weak federal standard, which can be amended by rulemaking. Analytically, the coalition behind the Stay in Your Lane Act</span> <span style="font-weight: 400;">has spent its credibility demanding empirical verification of A.V. safety claims while declining to engage with the peer-reviewed evidence that already supplies it. If a coalition that refuses to read the evidence gets its way, there's no reason to think it is going to do better on amending it. </span></p>
<p><span style="font-weight: 400;">The SELF DRIVE Act's bootleggers are getting more than they deserve. But a bill animated by Baptists who won't engage with the evidence is a poor instrument for a problem that evidence should decide. There's a baseball stadium's worth of Americans every year whose lives depend on getting this right.</span></p>
<p>The post <a href="https://reason.com/2026/05/01/the-self-driving-car-fight-in-congress-isnt-really-about-safety-at-all/">The Self-Driving Car Fight in Congress Isn&#039;t Really About Safety at All</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: DPPA/Sipa USA/imageBROKER/Manuel Kamuf/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Against an electric blue background, a white Waymo vehicle faces the right, and a white Tesla vehicle faces the left.]]></media:description>
		<media:title><![CDATA[waymo-tesla-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jonathan H. Adler</name>
							<uri>https://reason.com/people/jonathan-adler/</uri>
					</author>
					<title type="html"><![CDATA[
				Civitas Symposium on Justice Thomas and the Declaration of Independence			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/civitas-symposium-on-justice-thomas-and-the-declaration-of-independence/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380244</id>
		<updated>2026-05-01T15:37:10Z</updated>
		<published>2026-05-01T15:37:10Z</published>
			<category scheme="https://reason.com/latest/" term="Progressives" /><category scheme="https://reason.com/latest/" term="Clarence Thomas" />		<summary type="html"><![CDATA[A notable roster of center-right thinkers engages with Justice Thomas' recent lecture.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/civitas-symposium-on-justice-thomas-and-the-declaration-of-independence/">
			<![CDATA[<p>Justice Clarence Thomas' <a href="https://reason.com/volokh/2026/04/26/justice-clarence-thomas-on-the-declaration-of-independence/">recent lecture commemorating the 250th anniversary of the Declaration of Independence</a> continues to attract attention and comment. While some on the left found the speech <a href="https://slate.com/news-and-politics/2026/04/supreme-court-analysis-clarence-thomas-speech-progressives-hitler.html">objectionable</a> or <a href="https://newrepublic.com/article/209183/clarence-thomas-history-progressivism-speech">offensive</a>, many on the right have found it to be inspiring and worth engaging.</p>
<p>Today, <em>Civitas Outlook</em> has published a <a href="https://www.civitasoutlook.com/research/symposium-on-associate-justice-clarence-thomass-remarks-on-the-declaration-of-independence">symposium</a> of responses to Justice Thomas' lecture with many worthwhile contributions. Here is the line-up:</p>
<blockquote><p>Hadley Arkes, <a href="https://www.civitasoutlook.com/symposium-articles/%20justice-thomass-house-divided-speech">"Justice Thomas's House Divided Speech"</a>;</p>
<p>Linda Denno, <a href="https://www.civitasoutlook.com/symposium-articles/reclaiming-our-american-inheritance">"Reclaiming Our American Inheritance"</a>;</p>
<p>Richard Epstein, <a href="https://www.civitasoutlook.com/symposium-articles/%20justice-thomass-bulwark-of-liberty">"Justice Thomas's Bulwark of Liberty"</a>;</p>
<p>Steven Hayward, <a href="https://www.civitasoutlook.com/symposium-articles/%20silent-clarence-meets-silent-cal">"'Silent Clarence' Meets 'Silent Cal'"</a>;</p>
<p>Charles Kesler, <a href="https://www.civitasoutlook.com/symposium-articles/%20the-courage-of-justice-thomas">"The Courage of Justice Thomas"</a>;</p>
<p>Phillip Munoz, <a href="https://www.civitasoutlook.com/symposium-articles/on-the-liberating-and-living-truths-of-the-declaration-of-independence">"On the Liberating and Living Truths of the Declaration of Independence"</a>;</p>
<p>Ronald J. Pestritto, <a href="https://www.civitasoutlook.com/symposium-articles/justice-thomas-teaches-about-the-declaration-and-its-opponents">"Justice Thomas Teaches About the Declaration and Its Opponents"</a>;</p>
<p>Richard Reinsch, <a href="https://www.civitasoutlook.com/symposium-articles/the-courage-of-the-americans">"The Courage of the Americans"</a>;</p>
<p>Sherry Sylvester, <a href="https://www.civitasoutlook.com/symposium-articles/what-clarence-thomas-told-us-in-texas">"What Clarence Thomas Told Us in Texas"</a>;</p>
<p>John Yoo, <a href="https://www.civitasoutlook.com/symposium-articles/the-declarations-truths-heal-a-multitude-of-errors">"The Declaration's Truths Heal a Multitude of Errors"</a>;</p>
<p>Todd Zywicki, <a href="https://www.civitasoutlook.com/symposium-articles/three-generations-of-living-constitutionalists-is-enough">"Three Generations of Living Constitutionalists Is Enough."</a></p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/05/01/civitas-symposium-on-justice-thomas-and-the-declaration-of-independence/">Civitas Symposium on Justice Thomas and the Declaration of Independence</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[
				Zimmerman on "The President and the Universities"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/zimmerman-on-the-president-and-the-universities/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380239</id>
		<updated>2026-05-01T15:15:00Z</updated>
		<published>2026-05-01T15:15:00Z</published>
			<category scheme="https://reason.com/latest/" term="Academia" /><category scheme="https://reason.com/latest/" term="Academic Freedom" /><category scheme="https://reason.com/latest/" term="Higher Education" />		<summary type="html"><![CDATA[The first step in recovery is recognizing that you have a problem.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/zimmerman-on-the-president-and-the-universities/">
			<![CDATA[<p>Professor Jonathan Zimmerman of the University of Pennsylvania has a worthwhile essay  on the state of higher education in <em>Liberties </em>(a relatively new journal that is routinely filled with worthwhile material). His essay, <a href="https://libertiesjournal.com/online-articles/the-president-and-the-universities/">"The President and the Universities"</a> begins:</p>
<blockquote><p>In March of last year, about six weeks after Donald Trump returned to the White House, I traveled to Washington for a meeting of American education scholars. The opening panel focused — appropriately enough — on Trump's threats to university funding, free speech on campus, and more. Then it was time for questions, and I raised my hand. I said that I agreed with all the critiques of Trump, but I also wondered what those of us who work in higher education might have done — or not done — to bring about this awful moment. Could we use it to look in the mirror, I asked, and not just to circle the wagons?</p>
<p>Dead silence. Then another member of the audience spoke up. "I just wanted to say that I was deeply offended by Professor Zimmerman's use of the term 'circle the wagons,' which connotes a hateful history of Native American displacement and genocide," she said. More awkward silence. Finally the moderator of the panel interjected herself. "Thank you for reminding us that we need to be careful in the language that we use to describe others," she said. So the panel began with a diatribe about Donald Trump's assault on free speech and it concluded with a warning to watch our words.</p>
<p>That signifies a loss of faith in universities themselves. For the past seventy-five years, we have been telling a story about how we enhance democratic dialogue and understanding. Yet we don't really believe it. If we did, the moderator would have asked the objecting scholar to say more about why she bridled at my phraseology. Then the moderator would have asked me to reply, and after that she would have solicited reactions from the audience. And eventually we might have gotten around to the substance of my question, which concerned the delicate matter of what degree of introspection, what sort of critical self-examination, might be required of professors and teachers amid the current crisis. None of that happened, of course. The moderator drew the panel to a moralistic and satisfyingly evasive close, and we all went out to lunch.</p>
<p>"Out to lunch" is where much of higher education is — oblivious about how we got here and how we might change course. Yes, Trump represents a dagger at our heart; and yes, we must join hands to resist him. But long before he came to power, growing numbers of Americans — and not just Republicans — were starting to see higher education as something of a scam. We charge ever-higher prices for degrees of dubious worth, even as we proclaim our commitment to the public good. To make good on that ideal, we cannot simply circle the wagons. We need to look in the mirror. What role have the universities themselves played in this disaster?</p></blockquote>
<p>Zimmerman is not the first to raise this question. See, for instance, the work of <a href="https://www.chronicle.com/article/we-asked-for-it">Michael Clune</a>. His essay is nonetheless a worthwhile addition to the calls for <a href="https://reason.com/volokh/2025/08/11/the-university-presidents-who-want-to-fix-universities-before-they-get-fixed/">greater introspection and reform</a> in higher education.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/zimmerman-on-the-president-and-the-universities/">Zimmerman on &quot;The President and the Universities&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Workers Voted on Decertifying Unions 1,600 Times in the Past Decade. Teamsters Are the Most Common Target.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/workers-voted-on-decertifying-unions-1600-times-in-the-past-decade-teamsters-are-the-most-common-target/" />
		<id>https://reason.com/?p=8379720</id>
		<updated>2026-05-01T14:07:46Z</updated>
		<published>2026-05-01T14:15:54Z</published>
			<category scheme="https://reason.com/latest/" term="Jobs" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Right to Work" /><category scheme="https://reason.com/latest/" term="Idaho" /><category scheme="https://reason.com/latest/" term="NLRB" /><category scheme="https://reason.com/latest/" term="Union dues" />		<summary type="html"><![CDATA[Unionization efforts at Starbucks and Amazon get front-page media coverage. But dozens of workplaces discard their unions every year, often with little fanfare.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/workers-voted-on-decertifying-unions-1600-times-in-the-past-decade-teamsters-are-the-most-common-target/">
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										alt="People holding Teamsters signs | Illustration: International Brotherhood of Teamster/Wikimedia Commons/Midjourney/Photka/Dreamstime"
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		<p>Like hundreds of her coworkers, Kira Junod never voted to join the Teamsters.</p>
<p>The massive Lamb Weston plant in American Falls, Idaho, where Junod works, is one of the world's largest suppliers of frozen french fries and other potato products. The employees there voted decades ago to unionize. Now, even with Idaho's <a href="https://nrtw.org/right-to-work-states/">right-to-work laws</a> that allow workers to opt out of paying dues, the local Teamsters union was the only entity allowed to negotiate with management on behalf of Junod and her colleagues.</p>
<p>When you got a job at Lamb Weston, you were subject to the union contract. That's just how it was.</p>
<p>"There's a lot of people that have been there 30, 40 years that are set in their ways and they're union," says Junod. "And I'm like, 'Why are you in the union?' And they're like, 'I don't know.'"</p>
<p>Junod and some of her coworkers began to question that arrangement when they discovered the benefits offered to workers at the nonunion Lamb Weston plant in Twin Falls, a few hours away. Those included more paid sick leave, higher differentials for overnight and weekend shifts, and quarterly bonuses for meeting quotas.</p>
<p>"That's free money, even if it's 20 bucks every quarter," she says. "Why wouldn't I want that?"</p>
<p>Standing in the way: the local Teamsters union.</p>
<p>When workers band together to demand union representation at an <a href="https://www.nytimes.com/topic/amazon-labor-union">Amazon</a> warehouse or at <a href="https://www.nytimes.com/topic/starbucks-workers-united">Starbucks</a>, it gets front-page media coverage and provides fodder for think pieces about the class struggle between labor and capital. When the story is workers rising up against a union that has failed to deliver on the promise of better working conditions through solidarity, it tends not to draw as much attention.</p>
<p>But it happens more often than you might think—though the process is not easy, as Junod would learn.</p>
<p>Dozens of union decertification elections are held in workplaces across America every year, according to <a href="https://www.nlrb.gov/reports/graphs-data/recent-election-results">data</a> collected by the National Labor Relations Board (NLRB). The Teamsters are often the target.</p>
<p>Of the 1,620 decertification elections that the NLRB tracked between 2016 and 2025, more than 23 percent sought to end Teamsters representation. The 373 decertification petitions targeting the Teamsters during that period were more than twice the number filed against the Service Employees International Union (SEIU), which had the second most.</p>
<p>More than 60 percent of those decertification elections targeting the Teamsters have been successful.</p>
<p>The decertification efforts that do attract media attention usually revolve around the issues that motivated Junod: workers who are unhappy with contracts and benefits offered by the union.</p>
<p>"Poor vacation, poor pay, subpar benefits, no real job protections [and] our contract wages were way below standard for our industry" is how Ray Cotts, a driver at the Keurig Dr Pepper plant in Oshkosh, Wisconsin, <a href="https://www.thenorthwestern.com/story/money/companies/2024/02/06/wisconsin-workers-remove-union-at-keurig-dr-pepper-warehouses-including-oshkosh/72484806007/">described</a> his most recent Teamsters contract to the <em>Oshkosh Northwestern</em> in 2024. That was shortly after three successful decertification elections at the company's plants in Wisconsin.</p>
<p>The number of decertification elections launched against the Teamsters seem to reflect dissatisfaction among the Teamsters' rank-and-file members at a time when the union's leadership has been seeking the spotlight. Union boss Sean O'Brien <a href="https://reason.com/2024/07/16/teamsters-boss-sean-obrien-put-political-spectacle-ahead-of-his-job/">spoke</a> at the Republican National Convention in 2024 and has tried to <a href="https://reason.com/2024/09/02/the-teamsters-alliance-with-the-new-right-was-never-going-to-work/">cozy up with pro-labor Republicans</a> such as Sen. Josh Hawley (R–Mo.).</p>
<p>They may also reflect a national trend away from unionization, despite a few high-profile organizing efforts at Amazon and the like. About 10 percent of U.S. workers were members of a union in 2025, <a href="https://www.bls.gov/news.release/pdf/union2.pdf">according</a> to the Bureau of Labor Statistics. That's down from more than 20 percent in 1983, when the bureau began tracking those figures. In the private sector, fewer than 6 percent of workers were in a union last year.</p>
<p>Decertification efforts, like the one in American Falls, have been happening despite a lack of widespread knowledge that they are even possible—and with few resources available to workers who might want one. The NLRB's website, for example, offers just a <a href="https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/decertification-election">single paragraph</a> explaining what decertification elections are and how they work.</p>
<p>Even that brief description offers an indication of how complicated the process can be. To trigger a decertification election, at least 30 percent of the workforce at a union shop must sign a petition asking for an election. But decertification elections are forbidden within three years of a new collective bargaining agreement being signed, with some limited exceptions.</p>
<p>Groups like the <a href="https://nrtw.org/">National Right To Work Legal Defense Foundation</a> offer support to workers trying to discard a union, but collecting signatures and, ultimately, winning a decertification election requires a lot of extra work from unhappy employees. Junod and some of her coworkers on "Line 7" at the Lamb Weston plant would show up early and stay late to collect signatures and make the pitch to colleagues who had never even questioned the union before.</p>
<p>They also faced a backlash. Junod says she lost friends over the decertification effort and recalls several instances of intimidation. She was accused of using drugs at the workplace and offered to take a test to prove her innocence. On another occasion, a pro-union coworker followed her home. "He rode my tail all the way into town," she recalls.</p>
<p>The Teamsters have used other tactics to stop decertification elections. In 2019, a group of school bus drivers who <a href="https://www.wsj.com/articles/trapped-by-the-teamsters-11575837728?st=QR5Bw8&amp;reflink=desktopwebshare_permalink">tried to decertify</a> discovered that their bargaining unit had been merged into a national entity with more than 22,000 members across 33 states—so many that it made the 30 percent signature threshold effectively impossible to meet.</p>
<p>When the votes were counted in American Falls, the Teamsters <a href="https://news.lrionline.com/lamb-weston-decertification-vote-kira-junod/">narrowly prevailed</a> by a vote of 311–291.</p>
<p>As she headed home from an overnight shift on Thursday morning, Junod told <em>Reason</em> that she plans to keep pushing for decertification. But she'll have to wait a while, because a new collective bargaining agreement just went into effect. She remains convinced that workers at the Lamb Weston plant will be treated better if they're no longer subject to the Teamsters' contract.</p>
<p>"What was most disappointing is all the stuff that we could have. The benefits and the better work-life balance and all that," she says. "It was like my word against the union that's been there for 60 years&hellip;.It worked, almost."</p>
<p>If the decertification election data are any indication, she's far from the only one thinking that way.</p>
<p>The post <a href="https://reason.com/2026/05/01/workers-voted-on-decertifying-unions-1600-times-in-the-past-decade-teamsters-are-the-most-common-target/">Workers Voted on Decertifying Unions 1,600 Times in the Past Decade. Teamsters Are the Most Common Target.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: International Brotherhood of Teamster/Wikimedia Commons/Midjourney/Photka/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[People holding Teamsters signs]]></media:description>
		<media:title><![CDATA[International-Brotherhood-of-Teamster-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Victims of Communism Day - 2026			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/victims-of-communism-day-2026/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8379931</id>
		<updated>2026-04-29T18:53:38Z</updated>
		<published>2026-05-01T14:15:40Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[May Day should be a day to honor victims of an ideology that took tens of millions of lives. But we should also be open to alternative dates if they can attract broad enough support.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/victims-of-communism-day-2026/">
			<![CDATA[<figure id="attachment_8032119" aria-describedby="caption-attachment-8032119" style="width: 300px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8032119" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/11/KolymaBones-300x169.jpg" alt="" width="300" height="169" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2019/11/KolymaBones-300x169.jpg 300w, https://reason.com/wp-content/uploads/2019/11/KolymaBones-768x432.jpg 768w, https://reason.com/wp-content/uploads/2019/11/KolymaBones-1024x575.jpg 1024w, https://reason.com/wp-content/uploads/2019/11/KolymaBones-800x450.jpg 800w, https://reason.com/wp-content/uploads/2019/11/KolymaBones-600x338.jpg 600w, https://reason.com/wp-content/uploads/2019/11/KolymaBones-331x186.jpg 331w, https://reason.com/wp-content/uploads/2019/11/KolymaBones.jpg 1164w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-8032119" class="wp-caption-text">Bones of tortured prisoners. Kolyma Gulag, USSR (Nikolai Nikitin, Tass).&nbsp;(NA)</figcaption></figure> <p>&nbsp;</p> <p>NOTE: This post largely reprints l<a href="https://reason.com/volokh/2025/05/01/victims-of-communism-day-2025/">ast year's Victims of Communism Day post</a>, with some modifications.</p> <p>Today is May Day. Since 2007, I have advocated using this date as an international Victims of Communism Day. I outlined the rationale for this proposal (which was not my original idea) in <a href="http://www.volokh.com/posts/1178052456.shtml" data-mrf-link="http://www.volokh.com/posts/1178052456.shtml">my very first post</a> on the subject:</p> <blockquote><p>May Day began as a holiday for socialists and labor union activists, not just communists. But over time, the date was taken over by the Soviet Union and other communist regimes and used as a propaganda tool to prop up their [authority]. I suggest that we instead use it as a day to commemorate those regimes' millions of victims. The authoritative <a href="http://www.amazon.com/exec/obidos/ASIN/0674076087/reasonmagazinea-20/" data-mrf-link="http://www.amazon.com/exec/obidos/ASIN/0674076087/reasonmagazinea-20/"><em>Black Book of Communism</em></a> estimates the total at 80 to 100 million dead, greater than that caused by all other twentieth century tyrannies combined. We appropriately have a Holocaust Memorial Day. It is equally appropriate to commemorate the victims of the twentieth century's other great totalitarian tyranny. And May Day is the most fitting day to do so&hellip;.</p> <div id="anchor_first" class="advertisement freestar-ad-sidebar-container" align="center"></div> </blockquote> <p>Our comparative <a href="http://volokh.com/2009/11/08/why-the-neglect-of-communist-crimes-matters/" data-mrf-link="http://volokh.com/2009/11/08/why-the-neglect-of-communist-crimes-matters/">neglect of communist crimes</a> has serious costs. Victims of Communism Day can serve the dual purpose of appropriately commemorating the millions of victims, and diminishing the likelihood that such atrocities will recur. Just as Holocaust Memorial Day and other similar events promote awareness of the dangers of racism, anti-Semitism, and radical nationalism, so Victims of Communism Day can increase awareness of the dangers of left-wing forms of totalitarianism, and government domination of the economy and civil society.</p> <p>While communism is most closely associated with Russia, where the first communist regime was established, it had comparably horrendous effects in other nations around the world. The highest death toll for a communist regime was not in Russia, but in China. Mao Zedong's Great Leap Forward was likely <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/08/03/giving-historys-greatest-mass-murderer-his-due/?utm_term=.b9792d496912" data-mrf-link="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/08/03/giving-historys-greatest-mass-murderer-his-due/?utm_term=.b9792d496912">the biggest episode of mass murder in the entire history of the world</a>.</p> <p>November 7, 2017 was the 100th anniversary of the Bolshevik seizure of power in Russia, which led to the establishment of the first-ever communist regime. On that day, I put up <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/11/07/lessons-from-a-century-of-communism/?utm_term=.8fa25a3c9c3c" data-mrf-link="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/11/07/lessons-from-a-century-of-communism/?utm_term=.8fa25a3c9c3c">a post outlining some of the lessons to be learned from a century of experience with communism</a>.  The post explains why the lion's share of the horrors perpetrated by communist regimes were inherent flaws  of the system. For the most part, they cannot be ascribed to circumstantial factors, such as flawed individual leaders, peculiarities of Russian and Chinese culture, or the absence of democracy. Some of these other factors, especially the last, probably did make the situation worse than it might have been otherwise. But, for reasons I explained in the same post, some form of dictatorship or oligarchy is  virtually inevitable in a socialist economic system where the government controls all or nearly all of the economy.</p> <p>While the influence of communist ideology has declined since its mid-twentieth century peak, it is far from dead. Largely unreformed communist regimes remain in power in Cuba and North Korea. In Venezuela, the Marxist government's policies have resulted in political repression, <a href="https://www.huffingtonpost.com/entry/hundreds-of-children-in-venezuela-are-starving-to-death-nytimes-reports_us_5a380d7fe4b0fc99878dd05d" data-mrf-link="https://www.huffingtonpost.com/entry/hundreds-of-children-in-venezuela-are-starving-to-death-nytimes-reports_us_5a380d7fe4b0fc99878dd05d">the starvation of children</a>, and <a href="https://www.nytimes.com/2018/04/28/world/americas/venezuela-brazil-migrants.html" data-mrf-link="https://www.nytimes.com/2018/04/28/world/americas/venezuela-brazil-migrants.html">a massive refugee crisis</a> - the biggest in the history of the Western hemisphere. The removal of President Nicolas Maduro has so far done little to change the nature of that regime.</p> <p>In Russia, the authoritarian regime of former KGB Colonel Vladimir Putin has embarked on a <a href="https://newrepublic.com/article/118306/kremlin-trying-erase-memories-gulag" data-mrf-link="https://newrepublic.com/article/118306/kremlin-trying-erase-memories-gulag">wholesale whitewashing of communism's historical record</a>. Putin's<a href="https://reason.com/volokh/2022/02/23/law-justice-and-the-russia-ukraine-conflict/" data-mrf-link="https://reason.com/volokh/2022/02/23/law-justice-and-the-russia-ukraine-conflict/"> brutal and indefensible invasion of Ukraine</a> owes more to Russian nationalist ideology than communism. But it is nonetheless fed in part by his desire to recapture the supposed power and glory of the Soviet Union, and <a href="https://www.nbcnews.com/id/wbna7632057" data-mrf-link="https://www.nbcnews.com/id/wbna7632057">his long-held belief</a> that the collapse of the USSR was "the greatest geopolitical catastrophe of the century." It is also telling that most communists<a href="https://mondediplo.com/2022/06/06russian-left" data-mrf-link="https://mondediplo.com/2022/06/06russian-left"> in Russia</a> and elsewhere have joined with far-right nationalists in  backing Putin's line on the war.</p> <p>In China, the Communist Party remains in power (albeit after having abandoned many of its previous socialist economic policies), and has recently become less tolerant of criticism of the mass murders of the Mao era (part of <a href="http://time.com/4519160/china-xi-jinping-cecc-human-rights-rule-of-law/" data-mrf-link="http://time.com/4519160/china-xi-jinping-cecc-human-rights-rule-of-law/">a more general turn towards greater repression</a>).</p> <p>China's <a href="https://www.bbc.com/news/world-asia-china-55794071" data-mrf-link="https://www.bbc.com/news/world-asia-china-55794071">horrific repression</a> of the Uighur minority is reminiscent of similar policies under Mao and Stalin, though it has not - so far - reached the level of actual mass murder. But <a href="https://www.washingtonpost.com/world/2021/02/11/china-uighurs-genocide-xinjiang/" data-mrf-link="https://www.washingtonpost.com/world/2021/02/11/china-uighurs-genocide-xinjiang/">imprisoning over 1 million people</a> in horrific concentration camps is more than bad enough.</p> <p><a href="https://reason.com/volokh/2023/10/30/far-left-support-for-hamas-is-not-an-aberration/" data-mrf-link="https://reason.com/volokh/2023/10/30/far-left-support-for-hamas-is-not-an-aberration/">Far-left support for Hamas</a> since the horrific October 7, 2023 terrorist attack is yet another reminder of the inherently evil nature of communist ideology. Backing terrorism is part of <a href="https://reason.com/volokh/2023/10/30/far-left-support-for-hamas-is-not-an-aberration/" data-mrf-link="https://reason.com/volokh/2023/10/30/far-left-support-for-hamas-is-not-an-aberration/">a long history</a> of support for repression and mass murder. Not all extreme socialists of the type who support Hamas are communists. But the latter are a subset of the former.</p> <p>In the West, the popularity of "democratic socialism" in some quarters is a sign that many have failed to learn the lessons of the communist experience. Democratic socialism <a href="https://reason.com/volokh/2019/06/05/perils-of-democratic-socialism-2/">has many of the same flaws</a> as its authoritarian counterpart, and - as <a href="https://reason.com/volokh/2024/07/29/venezuela-illustrates-the-perils-of-democratic-socialism/">the Venezuelan case shows</a> -  is unlikely to stay democratic for long, if implemented.</p> <p>Victims of Communism Day is also a good time to remember our duty to help those victims. Among other things, it is unjust to deport migrants fleeing oppressive Marxist dictatorships, like those Cuba, Nicaragua and Venezuela, as the Trump Administration <a href="https://reason.com/volokh/2025/03/23/trump-cruelly-terminates-program-for-legal-migrants-fleeing-communist-tyranny-and-seeks-to-deport-them/" data-mrf-link="https://reason.com/volokh/2025/03/23/trump-cruelly-terminates-program-for-legal-migrants-fleeing-communist-tyranny-and-seeks-to-deport-them/">seeks to do to hundreds of thousands who entered the US legally under the CNVH program</a>. Trump has<a href="https://www.cato.org/blog/uscis-cut-green-card-approvals-half-help-ice-arrest-legal-immigrants"> recently ramped up efforts</a> to deport Cubans back to their communist oppressors.</p> <p>In <a href="http://www.volokh.com/2012/05/02/alternative-dates-for-victims-of-communism-day/" data-mrf-link="http://www.volokh.com/2012/05/02/alternative-dates-for-victims-of-communism-day/">a 2012 post</a>, I explained why May 1 is a better date for Victims of Communism Day than the available alternatives, such as November 7 (the anniversary of the Bolshevik seizure of power in Russia) and August 23 (the anniversary of the Nazi-Soviet Pact). I also addressed various possible objections to using May Day, including claims that the date should be reserved for the celebration of labor unions.</p> <div id="anchor_subsequent" class="advertisement freestar-ad-sidebar-container" align="center"></div> <p>But, as explained in <a href="http://www.volokh.com/2013/05/01/victims-of-communism-day-5/" data-mrf-link="http://www.volokh.com/2013/05/01/victims-of-communism-day-5/">my 2013 Victims of Communism Day post</a>, I would be happy to support a different date if it turns out to be easier to build a consensus around it. If another date is chosen, I would prefer November 7; not out of any desire to diminish the significance of communist atrocities in other nations, but because it marks the establishment of the very first communist regime. November 7 has in fact been declared Victims of Communism Memorial Day by <a href="https://victimsofcommunism.org/programs/voc-day/" data-mrf-link="https://victimsofcommunism.org/programs/voc-day/">three state legislatures</a>.</p> <p>If this approach continues to spread, I would be happy to switch to November 7, even though May 1 might be still more appropriate. For that reason, I have <a href="https://reason.com/volokh/2021/11/07/november-7-as-victims-of-communism-day-2021/" data-mrf-link="https://reason.com/volokh/2021/11/07/november-7-as-victims-of-communism-day-2021/">adopted the practice</a> of <a href="https://reason.com/volokh/2025/11/07/november-7-as-victims-of-communism-day-2025/">also commemorating</a> the victims of communism on November 7.</p> <p>I  would also be happy to back almost any other date that could command broad support. Unless and until that happens, however, May 1 will continue to be Victims of Communism Day at the Volokh Conspiracy.</p><p>The post <a href="https://reason.com/volokh/2026/05/01/victims-of-communism-day-2026/">Victims of Communism Day - 2026</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:caption><![CDATA[Bones of tortured prisoners. Kolyma Gulag, USSR (Nikolai Nikitin, Tass).]]></media:caption>
		<media:text><![CDATA[Bones of tortured prisoners. Kolyma Gulag, USSR (Nikolai Nikitin, Tass).]]></media:text>
		<media:title><![CDATA[KolymaBones]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Andrew Heaton</name>
							<uri>https://reason.com/people/andrew-heaton/</uri>
					</author>
					<title type="html"><![CDATA[
				Why Wealth Taxes Fail			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/05/01/why-wealth-taxes-fail/" />
		<id>https://reason.com/?post_type=video&#038;p=8380167</id>
		<updated>2026-05-02T13:18:07Z</updated>
		<published>2026-05-01T14:00:32Z</published>
			<category scheme="https://reason.com/latest/" term="Comedy" /><category scheme="https://reason.com/latest/" term="Progressives" /><category scheme="https://reason.com/latest/" term="Bernie Sanders" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Elizabeth Warren" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Wealth" /><category scheme="https://reason.com/latest/" term="wealth tax" />		<summary type="html"><![CDATA[Eat the rich…then what?]]></summary>
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		<p>California progressives are pushing for a tax on billionaires; so are senators like <span class="hover:entity-accent entity-underline inline cursor-pointer align-baseline"><span class="whitespace-normal">Elizabeth Warren (D–Mass.) and Bernie Sanders (I–Vt.).</span></span> But as <span class="hover:entity-accent entity-underline inline cursor-pointer align-baseline"><span class="whitespace-normal">Andrew Heaton</span></span> explains, such programs don't work. Just ask France.</p>
<p>The post <a href="https://reason.com/video/2026/05/01/why-wealth-taxes-fail/">Why Wealth Taxes Fail</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[ReasonTV]]></media:credit>
		<media:description type="html"><![CDATA[Andrew Heaton with wealthy people and Elizabeth Warren in a tug of war over a bag of money.]]></media:description>
		<media:title><![CDATA[Why wealth taxes fail]]></media:title>
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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[
				Is The Devil Wears Prada 2 the Great Millennial Journalism Movie?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/is-the-devil-wears-prada-2-the-great-millennial-journalism-movie/" />
		<id>https://reason.com/?p=8380181</id>
		<updated>2026-05-01T13:28:44Z</updated>
		<published>2026-05-01T13:44:23Z</published>
			<category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="Fashion" /><category scheme="https://reason.com/latest/" term="Hollywood" /><category scheme="https://reason.com/latest/" term="magazines" /><category scheme="https://reason.com/latest/" term="Media" /><category scheme="https://reason.com/latest/" term="Millennials" /><category scheme="https://reason.com/latest/" term="New York City" />		<summary type="html"><![CDATA[This 20-years-later sequel traces a generation's economic fortunes through the decline of magazine journalism.]]></summary>
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		<p><span style="font-weight: 400;">Normally, I am against content labels for media, but I might have to make an exception for </span><i><span style="font-weight: 400;">The Devil Wears Prada 2</span></i><span style="font-weight: 400;">. This movie should come with a trigger warning, at least for millennial journalists. </span><span style="font-weight: 400;">The fizzy, frothy comedy is also a jewel-box encapsulation of a generation's broken dreams, told through the decline of magazine journalism. </span></p>
<p><span style="font-weight: 400;">The film opens at a journalistic awards ceremony, one of those rubber chicken dinners where journalists give each other plastic trophies to honor worthy (but often little-read) work. Just as our heroine, Andy Sachs (a perky, perfectly neurotic Anne Hathaway), accepts the top honor, she receives a text. Everyone at her table has been fired as part of a corporate cost-cutting deal. Andy makes tearful remarks and goes off to mourn her job and the industry. </span></p>
<p><span style="font-weight: 400;">At the same time, Andy's old nemesis, the fearsome Miranda Priestly—the formidable editor of the (former) fashion powerhouse </span><i><span style="font-weight: 400;">Runway</span></i><span style="font-weight: 400;">—is facing a scandal for running a puff piece about a dicey fast fashion company. </span><i><span style="font-weight: 400;">Runway</span></i><span style="font-weight: 400;">'s owner sees Andy's speech, which has gone viral, and offers her a job as the magazine's features editor in an attempt to revitalize the publication's journalistic credibility. </span></p>
<p><span style="font-weight: 400;">The setup is somewhat strained, but the important thing is that it quickly brings Andy back into Miranda's orbit, renewing the cat-and-mouse dynamic that drove its hit predecessor. </span></p>
<p><span style="font-weight: 400;"><em>The Devil Wears Prada</em> was released in 2006, before smartphones, before the publishing industry crashed, before everything went online. Watching it now is like finding a buried time capsule, every detail a precise signifier: Andy's fling is not just a successful magazine journalist, but a freelancer. Her friends drink wine and Cosmopolitans. Andy even wears a toe ring. </span></p>
<p><span style="font-weight: 400;">Much of that movie's tension was about journalistic values: She wanted to be a serious reporter, but by working at </span><i><span style="font-weight: 400;">Runway</span></i><span style="font-weight: 400;">, she learned that fashion has value too. </span></p>
<p><span style="font-weight: 400;">This late-breaking sequel inverts that idea. The question it poses is whether either journalism </span><i><span style="font-weight: 400;">or</span></i><span style="font-weight: 400;"> fashion matters anymore. </span></p>
<p><i><span style="font-weight: 400;">Yes</span></i><span style="font-weight: 400;">, is the movie's emphatic answer. But the film is also honest enough to acknowledge that neither journalism nor fashion have the cultural cache they used to. The first film was a breezy coming-of-age fantasy about a young woman making her way in the hustle and bustle of the world's greatest metropolis. The sequel is about what happens when the world has changed, and those hopes seem dashed. </span></p>
<p><span style="font-weight: 400;">And it's not just Andy who has lost something. Miranda, once again played by Meryl Streep, used to be the </span><span style="font-weight: 400;">queen of her domain, which was everything everyone wore. But she's been reduced to something smaller: hanging her own coat, trying to avoid H.R. complaints about political correctness, and begging advertisers for forgiveness while refusing to put up a fight against the tasteless tech-and-money men who control her fate. Streep made Miranda an exquisite terror in the first film, but there's a kind of powerlessness to her now, a sense of fading glory in a world that has passed her by. </span></p>
<p><i><span style="font-weight: 400;">The Devil Wears Prada 2</span></i><span style="font-weight: 400;"> is never maudlin, but it's quite sentimental. It doesn't have much sympathy for economic dynamism or technological change. Nor does it acknowledge the actually good fortunes that American millennials have experienced; we are <a href="https://www.wsj.com/personal-finance/millennial-wealth-financial-anxiety-39fd215b">far richer than our parents were</a> at this stage of life, and far more materially comfortable in nearly every way. </span></p>
<p><span style="font-weight: 400;">I'm normally annoyed with such static, pessimistic, nostalgia-tinged worldviews, but as a mid-40s journalist who moved to a city to write for magazines at almost the exact same time that the fictional Andy did, I can't view this one from a distance. I'm way too close to the story. </span></p>
<p><span style="font-weight: 400;">And if you look closely, the movie isn't simply arguing for nostalgia to rule. A key scene comes when Andy meets a new love interest, a handsome contractor who modernizes old urban buildings that were going to be torn down. She argues that he's destroying history; he makes a convincing rebuttal that he's actually preserving it by making it new. She ends up falling for him—and moving into one of his apartments. Is this an act of betrayal? Or is Andy just making peace with a world in constant flux?</span></p>
<p><span style="font-weight: 400;">The movie suggests that beautiful, human things like clothing and stories and buildings still matter and will always matter—and that it's up to those who care, and have the means, to support them. I don't want to spoil things, but the billionaire class comes through in the end. </span></p>
<p><i><span style="font-weight: 400;">The Devil Wears Prada 2 </span></i><span style="font-weight: 400;">may not quite be the great millennial journalism movie, but it comes surprisingly close. Consider yourself warned. </span></p>
<p>The post <a href="https://reason.com/2026/05/01/is-the-devil-wears-prada-2-the-great-millennial-journalism-movie/">Is &lt;i&gt;The Devil Wears Prada 2&lt;/i&gt; the Great Millennial Journalism Movie?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Anne Hathaway, Meryl Streep, and Stanley Tucci in "The Devil Wears Prada 2"]]></media:description>
		<media:title><![CDATA[Devil-Wears-Prada-2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				DHS Funded			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/dhs-funded/" />
		<id>https://reason.com/?p=8380197</id>
		<updated>2026-05-01T13:25:41Z</updated>
		<published>2026-05-01T13:30:25Z</published>
			<category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Driverless Cars" /><category scheme="https://reason.com/latest/" term="FISA" /><category scheme="https://reason.com/latest/" term="Government Shutdown" /><category scheme="https://reason.com/latest/" term="Jeffrey Epstein" /><category scheme="https://reason.com/latest/" term="Reason Roundup" />		<summary type="html"><![CDATA[Plus: FISA reauthorization, driverless trucks in California, and an Epstein suicide note. ]]></summary>
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										alt="House speaker Mike Johnson | Andrew Thomas - CNP/picture alliance / Consolidated News Photos/Newscom"
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		<p><strong>DHS funded. </strong>Congress <a href="https://www.nytimes.com/2026/04/30/us/politics/house-homeland-security-funding-bill.html">has passed</a> a spending bill that ends the monthslong shutdown of the Department of Homeland Security (DHS). On Thursday, the House approved a bill that funds the department—except for Immigration and Customs Enforcement and Customs and Border Protection.</p>

<p>The 76-day shutdown began in February, when Democrats refused to fully fund the department after immigration officers fatally shot two U.S. citizens in Minnesota. Before they would send the agency money, the <em>no</em> voters wanted <a href="https://jeffries.house.gov/2026/02/04/leaders-jeffries-and-schumer-deliver-urgent-ice-reform-demands-to-republican-leadership/">reforms</a>, including requirements that immigration officers wear body cameras and get judicial warrants before entering private property.</p>
<p>To keep the lights on, the Trump administration continued to pay for immigration enforcement out of other pots of money. With that cash running low, the Senate passed a bipartisan funding bill in March that excluded immigration enforcement.</p>
<p>That measure stalled in the House under opposition from conservatives who opposed any DHS funding bill that did not include immigration enforcement money.</p>
<p>But yesterday, the House approved the measure, after Senate Republicans started a reconciliation process that will allow them to pass a DHS funding bill with their bare majority.</p>
<p>News reports invariably describe the DHS shutdown as the longest in the agency's history. It's worth noting that the American Republic survived some 200-plus years without a DHS at all.</p>
<p>The department has lived up to <a href="https://reason.com/2021/09/08/homeland-securitys-creators-promised-efficiency-they-delivered-disaster/">none of its promises</a> in the decades following its creation, while fulfilling many of its critics' worst fears. We'd be better off without it. And that's how you knew Congress would eventually fund it without any changes or reforms.</p>
<hr />
<p><strong>Another FISA stopgap. </strong>Congress has <a href="https://www.politico.com/live-updates/2026/04/30/congress/senate-approves-fisa-punt-00901477">approved a short-term extension</a> of a major spying program that was set to expire Thursday.</p>
<p>The measure extends the life of Section 702 of the Foreign Intelligence Surveillance Act (FISA) for another 45 days while they hash out a longer-term reauthorization.</p>
<p>Republican leaders in Congress, and in the White House, <a href="https://reason.com/2026/04/15/house-readies-spy-powers-vote/">have been eager</a> to pass a "clean" three-year reauthorization of Section 702, which allows warrantless surveillance of foreigners' communications outside the United States.</p>
<p>Critics of Section 702 argue it allows the authorities to evade the Fourth Amendment, since the law lets intelligence agencies snoop on Americans' communications with targeted foreigners. A transpartisan collection of privacy hawks in Congress have been demanding that warrant requirements be added to the law.</p>
<p>Yesterday's short-term extension gives them until June to hash out a deal.</p>
<hr />
<p><strong>California allows driverless trucks. </strong>Earlier this week, the California Department of Motor Vehicles announced that it was lifting its blanket ban on autonomous heavy trucks.</p>
<p>The <a href="https://www.dmv.ca.gov/portal/news-and-media/new-autonomous-vehicle-regulations-strengthen-oversight-and-enforcement-authorize-trucks-and-transit/">new rules</a> allow autonomous vehicle companies to deploy driverless trucks weighing more than 10,000 pounds on the state's roads for commercial operations, provided the manufacturer first complete 1 million miles of test driving. The first 500,000 miles would be with a human safety driver and the second 500,000 would be autonomous. Not all the test miles would have to be driven in California.</p>
<p>The new regulations also allow law enforcement to issue tickets to AV companies when their vehicles commit moving violations.</p>
<p>Industry is pleased with the new rules.</p>
<p>"This is a long-overdue step forward for the state that pioneered self-driving tech," <a href="https://www.therobotreport.com/california-lawmakers-open-gate-autonomous-trucks-state/">said</a> Robert Singleton of the Chamber of Progress, a tech advocacy group, to <em>The Robot Report</em>. "California families and businesses will benefit from the lower costs, more resilient supply chains, and safer highways that autonomous trucks will deliver."</p>
<p>The Teamsters union, which represents human drivers, is not happy.</p>
<p>"These rules put our streets, our highways, and our jobs in jeopardy. This agency happily greenlit technology that companies still won't fully disclose safety data on, thereby threatening the livelihoods of the professional drivers who keep California's economy moving," said the Teamsters California leadership in an emailed statement.</p>
<p>It's understandable why a union would be interested in protecting its members' jobs from automation. But it's not clear why safety regulators should care.</p>
<hr />
<p><em><strong>Scenes from D.C.: </strong></em>Looks about right.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">DC, Maryland, Virginia <a href="https://t.co/UWPAzzo5v6">pic.twitter.com/UWPAzzo5v6</a></p>
<p>&mdash; ◥◤Kriston Capps (@kristoncapps) <a href="https://twitter.com/kristoncapps/status/2049946957288820929?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h1>QUICK HITS</h1>
<ul>
<li>Maine Gov. Janet Mills drops her Senate bid, meaning the controversially tattooed progressive Graham Platner <a href="https://apnews.com/article/janet-mills-maine-senate-platner-e26930c7ff77fcbb2b513f42b6092246">will be</a> the Democratic nominee.</li>
<li><em>The New York Times </em>is <a href="https://www.nytimes.com/2026/04/30/us/jeffrey-epstein-suicide-note-sealed.html">petitioning</a> a federal court to unseal an alleged suicide note Jefferey Epstein left in his cell after a first, unsuccessful suicide attempt. The note was found by Epstein's cell mate and was sealed as part of his criminal case.</li>
<li>At a minimum, AI has already replaced the job of writing social media posts about AI.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr"><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f6a8.png" alt="🚨" class="wp-smiley" style="height: 1em; max-height: 1em;" />BREAKING: Anthropic just published a study mapping exactly which jobs its own AI is replacing right now.</p>
<p>The workers most at risk are not who anyone expected. They are older. They are more educated. They earn 47% more than average. And they are nearly four times more likely to&hellip; <a href="https://t.co/Re4xHrNGkT">pic.twitter.com/Re4xHrNGkT</a></p>
<p>&mdash; AI Highlight (@AIHighlight) <a href="https://twitter.com/AIHighlight/status/2049063764373242357?ref_src=twsrc%5Etfw">April 28, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Donald Trump's new nominee for surgeon general is an anti-nicotine-pouch zealot. She wrote and<em> </em><a href="https://nypost.com/2025/01/30/opinion/hypocrite-rfk-jr-s-nicotine-pouch-wrecks-his-own-health-agenda/">op-ed</a> that's an insanely disingenuous conflation of the effects of cigarettes and of the far safer smokeless alternative.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Nicole Saphier is a horrific pick for Surgeon General. When she attacked RFK Jr. last year, she casually conflated nicotine pouches, one of the safest ways to use nicotine, with cigarettes and promoted panic over youth nicotine use, which is at a 25-year low. </p>
<p>How can she be&hellip; <a href="https://t.co/B2lLNd5BVx">pic.twitter.com/B2lLNd5BVx</a></p>
<p>&mdash; Guy Bentley (@gbentley1) <a href="https://twitter.com/gbentley1/status/2049908212544254126?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>I don't hate it but the NIMBYs probably still will.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Many people do not seem to want data centres built near them, despite the fact that they don&#39;t cause that much traffic and often generate a lot of local tax revenue. I suspect it&#39;s partly because they&#39;re ugly! My proposal: <a href="https://t.co/xxuvVe598P">pic.twitter.com/xxuvVe598P</a></p>
<p>&mdash; Mike Bird (@Birdyword) <a href="https://twitter.com/Birdyword/status/2049932291393081620?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Indeed.</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Imagining explaining to the Founding Fathers that the president imposed tariffs without an act of Congress and then removed them at the request of the King of England <a href="https://t.co/96ZNoxZ0sj">https://t.co/96ZNoxZ0sj</a></p>
<p>&mdash; Dominic Pino (@DominicJPino) <a href="https://twitter.com/DominicJPino/status/2049926201267962110?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/05/01/dhs-funded/">DHS Funded</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Andrew Thomas - CNP/picture alliance / Consolidated News Photos/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[House speaker Mike Johnson]]></media:description>
		<media:title><![CDATA[dpaphotosnine391824]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/dpaphotosnine391824-1200x675.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[
				United Arab Emirates Law and Maine Courts			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/uae-marriages-in-maine-courts/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380184</id>
		<updated>2026-05-01T00:44:58Z</updated>
		<published>2026-05-01T13:07:45Z</published>
			<category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Foreign Law in American Courts" />		<summary type="html"><![CDATA[An interesting illustration of how American courts handle (correctly, I think) foreign marriages.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/uae-marriages-in-maine-courts/">
			<![CDATA[<p>From last week's Maine high court decision in <a href="https://www.courts.maine.gov/courts/sjc/lawcourt/2026/26me038.pdf"><em>Aldarraji v. Alolwan</em></a>, written by Justice Julia Lipe, dealing with Ms. Aldarraji's divorce complaint against Mr. Alolwan:</p>
<blockquote><p>Aldarraji argues that she and Alolwan were legally married under Maine law. Because the parties' marriage ceremony did not occur in Maine, however, the proper question in assessing the legality of the marriage is whether it was valid under the laws of the jurisdiction where the marriage ceremony occurred—here, the United Arab Emirates&hellip;.</p></blockquote>
<p><span id="more-8380184"></span></p>
<blockquote><p>Alolwan was born in Saudi Arabia and is a dual citizen of Saudi Arabia and the United States, having moved to the United States in 2006. Aldarraji came to the United States from Iraq in 2018. The parties met in 2019, and later that year they traveled to Dubai, United Arab Emirates, for a religious marriage ceremony. There was no religious official physically present with the parties in Dubai; an imam affiliated with a mosque in Biddeford, Maine, officiated the ceremony remotely. The ceremony was performed according to the laws of the parties' Islamic faith, and after the ceremony the imam provided them with a certificate of religious marriage.</p>
<p>Soon after, the parties had a wedding reception in Turkey, and on January 16, 2020, while in Turkey, the parties and two witnesses signed the certificate of religious marriage that the imam had provided them. The parties then returned to Maine. They never participated in a marriage ceremony in Maine nor took any steps to validate their marriage in accordance with Maine law &hellip;.</p>
<p>Alolwan filed a motion to dismiss [Aldarraji's] complaint on the basis that no lawful marriage existed between the parties. The court held an evidentiary hearing and later issued a written order granting Alolwan's motion to dismiss. The court concluded that although the parties had participated in a valid religious marriage ceremony, they had not complied with Maine's statutory marriage requirements and therefore had "failed to establish a legal marriage in Maine." Nor, according to the court, were the parties legally married "anywhere else." &hellip;</p>
<p>"[W]e have declined to recognize common law marriage" in Maine, instead leaving "policy decisions regarding marriage and divorce to the Legislature." "[T]he requirements for a valid marriage are provided by statute" &hellip;. Generally, a couple seeking to become married under Maine law must first record their intention to be married by submitting a marriage application to a municipal clerk or the State Registrar of Vital Statistics. The clerk or Registrar then issues the parties a marriage license. The couple is then free to marry, and the ceremony must be solemnized by a person authorized by law to do so and must occur in the presence of at least two other witnesses. The marriage becomes legal once certain information, including the location and date of the ceremony, has been documented on the marriage license and the license has been signed by the couple, the witnesses, and the officiant. Finally, within fifteen "working days" of the date of solemnization, the marriage license must be returned to the clerk or Registrar.</p>
<p>Although Aldarraji does not argue that she and Alolwan complied with this procedure, she contends that her religious marriage to Alolwan was nonetheless valid under Maine's statutory scheme. For support, she relies on two provisions of Title 19-A that allow for exceptions to the general rules: <a href="https://www.westlaw.com/Link/Document/FullText?findType=L&amp;pubNum=1000265&amp;cite=MESTT19-AS657&amp;originatingDoc=I940abe103f3311f197d0c868f573a5e8&amp;refType=LQ&amp;originationContext=document&amp;vr=3.0&amp;rs=cblt1.0&amp;transitionType=DocumentItem&amp;contextData=(sc.DocLink)">section 657</a>, which provides that a marriage that is "in other respects lawful" is valid even if the solemnizing official lacks jurisdiction or authority or there exists an "omission or informality" in the process the parties followed; and section 658, which exempts Quakers or Friends and members of the Baha'i faith from some of the statutory requirements. Regarding section 658, Aldarraji asserts that unless we interpret the statute to extend to members of the Islamic faith, it is unconstitutional&hellip;.</p>
<p>We do not reach Aldarraji's statutory or constitutional arguments, however, because we conclude that Maine law does not apply when determining the validity of a marriage that did not occur in Maine&hellip;.</p>
<p>Generally, in the case of a marriage that occurred elsewhere, we will recognize the marriage as valid if entered into pursuant to the laws of the jurisdiction where it occurred, unless it is contrary to the basic public policies of this state. Aldarraji argues that we should jettison this approach in favor of the Second Restatement[ of Conflict of Laws] mode of analysis, which involves using the laws of the jurisdiction that "has the most significant relationship to the spouses and the marriage" to determine the validity of a marriage. She further contends that because she and Alolwan have continuously resided in Maine since before their religious ceremony, we should use Maine law to assess the legality of their marriage.</p>
<p>We have never applied the Second Restatement's approach in the context of determining the validity of a marriage, and we decline to do so here. Instead, we adhere to our general rule that the validity of a marriage should be determined according to the laws of the jurisdiction in which the marriage ceremony occurred. This is consistent with the view of a number of courts faced with this question&hellip;.</p>
<p>The benefit of this rule is its simplicity. One of the major drawbacks of the Second Restatement method is its complexity. "Sound public policy dictates that there be a minimum of uncertainty as to whether or not a valid marriage exists." Our decision today provides that clarity—when Maine courts are asked to determine the validity of a marriage, they will look to the laws of the jurisdiction where the marriage ceremony occurred.</p>
<p>{We emphasize that nothing in our decision precludes Maine couples from having a wedding outside of Maine and achieving a valid marriage by either complying with the requirements of the out-of-state jurisdiction or following Maine's statutory process before or after the wedding.} &hellip;</p>
<p>The trial court &hellip; invit[ed] Aldarraji to demonstrate "that there was a legal marriage in Dubai that the State of Maine should recognize." Aldarraji did not avail herself of this opportunity, arguing instead that her extraterritorial marriage complied with Maine's statutory marriage procedures. On appeal, Aldarraji continues to insist that we should assess the validity of her marriage by reference to Maine law. She has therefore waived any argument that she was lawfully married according to the laws of the United Arab Emirates&hellip;.</p></blockquote>
<p>Colin W.B. Chard (Robinson Kriger &amp; McCallum) represents Aldarraji.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/uae-marriages-in-maine-courts/">United Arab Emirates Law and Maine Courts</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[
				$800K Defamation Damages in "Israeli Spy" Allegations Against Consultant Involved in Examining Hunter Biden's Laptop			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/800k-defamation-damages-in-israeli-spy-allegations-against-consultant-involved-in-examining-hunter-bidens-laptop/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380171</id>
		<updated>2026-04-30T21:59:44Z</updated>
		<published>2026-05-01T12:01:28Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[See Monday's jury verdict, which awards $75K in compensatory damages plus $125K in punitive damages for each of two statements,&#8230;
The post $800K Defamation Damages in &#34;Israeli Spy&#34; Allegations Against Consultant Involved in Examining Hunter Biden&#039;s Laptop appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/800k-defamation-damages-in-israeli-spy-allegations-against-consultant-involved-in-examining-hunter-bidens-laptop/">
			<![CDATA[<p>See Monday's <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.567517/gov.uscourts.vaed.567517.152.0.pdf">jury verdict</a>, which awards $75K in compensatory damages plus $125K in punitive damages for each of two statements, and for each of two plaintiffs (Yaacov Apelbaum and his company XRVision). Here's an excerpt of the July decision allowing the case to go forward (<a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.567517/gov.uscourts.vaed.567517.28.0.pdf"><em>Apelbaum v. Bloom</em></a>):</p>
<blockquote><p>Yaacov Apelbaum is the founder of XRVision, Ltd., a cybersecurity and analytics company. Plaintiffs Apelbaum and XRVision &hellip; attracted media attention in 2020 for their role in examining Hunter Biden's laptop computer, purportedly "analyz[ing] the contents" of a copy of the hard drive "to determine the legitimacy of the [l]aptop."</p>
<p>[Defendant] Jordan Arthur Bloom &hellip; is an independent journalist who maintains a blog on the platform Substack. On January 29, 2024, Defendant published an article, "The Role of Yaacov Apelbaum in the Hunter Biden Drama" ("First Article")&hellip;. The alleged defamatory statements in the First Article include:</p>
<ul>
<li>"<strong>Yaacov Apelbaum is an Israeli spy</strong>, and the sort of Israeli spy who would have good reasons to smear American facial recognition technology, because his company, XRVision, is a competitor." [Emphasis in complaint.]</li>
<li>"XRVision has provided sourcing to a bunch of conservative publications, including the Washington Times. <strong>So this is an Israeli spy who's deeply involved in shaping the Hunter Biden story</strong>." [Emphasis in complaint.] &hellip;</li>
</ul>
</blockquote>
<p><span id="more-8380171"></span></p>
<blockquote><p>These statements were published on Defendant's Substack and also to thousands of viewers on Twitter and other platforms, then were "subsequently and virally" republished on other websites. Defendant intentionally failed to conduct any investigation before publishing these statements and "made zero effort to contact Plaintiffs to seek out their knowledge or position to include in his article." &hellip;</p></blockquote>
<p>Plaintiffs sued, and the court allowed the case to go forward:</p>
<blockquote><p><strong>[i.] Plaintiffs set forth an actionable statement (defamation <em>per se</em>)&hellip;.</strong></p>
<p>A statement is considered defamation <em>per se</em> [and thus actionable without proof of tangible loss -EV] if, among other things, it "prejudice[s] such person in his or her profession or trade." Defendant argues that "identification as an Israeli spy is [not] inherently damaging to one's reputation in business."</p>
<p>Keeping in mind that at this procedural juncture the Court is obliged to assume the truth of Plaintiffs' factual allegations, Plaintiffs' assertions overcome any dispute as to the "inherent" reputational impact of these statements. The complaint submits that Plaintiffs work in the cybersecurity industry, and Plaintiffs "periodically work[ ] with the [United States] government" in this field. This Court concludes that allegations of close ties to a foreign intelligence agency could prejudice a cybersecurity professional and his firm&hellip;.</p>
<p>[And a]t this stage, the Court must credit the Plaintiffs' well pled allegation of the factual falsity of the statements. The complaint alleges the statements are factually false, citing in support that "Mr. Apelbaum [has] renounced his Israeli citizenship and is presently a citizen of the United States of America, only," that "Mr. Apelbaum is not a foreign agent," and that Defendant "conceived a storyline in advance of any adequate investigation and then consciously set out to insert Plaintiffs into his preconceived narratives." &hellip;</p>
<p><strong>[ii.] Actual [m]alice &hellip;</strong></p>
<p>[B]ecause Plaintiffs have alleged that Bloom made his statements with actual malice, this Court need not resolve at this juncture whether or not Plaintiffs constitute public figures.</p>
<p>Actual malice requires "knowledge that [the statement] was false or &hellip; reckless disregard of whether it was false or not." Contrary to Defendant's claims, the complaint makes numerous allegations that go to actual malice: that "Bloom merely relied on tropes and his own pre-existing bigotry and biases, devoid of facts, and he knowingly sought to harm, and did harm, Plaintiffs," that he "deliberately avoided conducting any investigation into Plaintiffs and made zero effort to contact Plaintiffs," that he "has a history of writing anti-Semitic articles that accuse Jews and Israel of manipulating and/or controlling the U.S. government," and that his "publications and pattern of publishing are evidence that he conceived a storyline in advance of any adequate investigation and then consciously set out to insert Plaintiffs into his preconceived narratives as discussed throughout the Complaint."</p>
<p>Other cases have found actual malice in quite similar circumstances. In a defamation case where the plaintiff was accused by media sites of orchestrating the violence at the "Unite The Right" rally in Charlottesville, VA, it was enough for the plaintiff to allege "that Defendants 'twisted' elements of his personal and professional history to fit a pre-conceived narrative." <em>Gilmore v. Jones</em> (W.D. Va. 2019). There, as here, the defendant was alleged to have shoehorned his statements into a preconceived "storyline" and "departed from even the most basic journalistic standards by, for instance, failing to reach out to [Plaintiff]." Accordingly, Plaintiffs' allegations of Defendant's lack of due diligence and shoehorning of their actions into a preconceived narrative about Israelis and Jews are adequate to plead actual malice&hellip;.</p></blockquote>
<p style="text-align: left;">Timothy Hyland and Jamie Michelle Hertz (Hyland Law PLLC) and John C. Burns (Burns Law Firm) represent Plaintiffs.</p>
<p>The post <a href="https://reason.com/volokh/2026/05/01/800k-defamation-damages-in-israeli-spy-allegations-against-consultant-involved-in-examining-hunter-bidens-laptop/">$800K Defamation Damages in &quot;Israeli Spy&quot; Allegations Against Consultant Involved in Examining Hunter Biden&#039;s Laptop</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</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[
				California Lawmakers Are Ignoring History by Boosting Pension Benefits as the State's Economy Teeters			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/california-lawmakers-are-ignoring-history-by-boosting-pension-benefits-as-the-states-economy-teeters/" />
		<id>https://reason.com/?p=8380146</id>
		<updated>2026-04-30T21:41:30Z</updated>
		<published>2026-05-01T11:30:16Z</published>
			<category scheme="https://reason.com/latest/" term="Pension Crisis" /><category scheme="https://reason.com/latest/" term="Pensions" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Gavin Newsom" /><category scheme="https://reason.com/latest/" term="Public Sector" /><category scheme="https://reason.com/latest/" term="Public Unions" />		<summary type="html"><![CDATA[After California made this same mistake in 1999, it took 12 years to dig out of the hole. Taxpayers footed the bill. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/california-lawmakers-are-ignoring-history-by-boosting-pension-benefits-as-the-states-economy-teeters/">
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		<p style="font-weight: 400;">As Mark Twain <a href="https://www.owu.edu/alumni-family-friends/owu-magazine/fall-2018/history-doesnt-repeat-itself-but-it-often-rhymes/" data-saferedirecturl="https://www.google.com/url?q=https://www.owu.edu/alumni-family-friends/owu-magazine/fall-2018/history-doesnt-repeat-itself-but-it-often-rhymes/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw0pA3rHH7KKey4yHCGOpdqR">wrote</a>, "History doesn't repeat itself, but it often rhymes." Lately, I've been hearing a recurring rhythm—and getting the blues—as the legislature is about to repeat a grievous mistake. The issue involves public-employee pensions, as the legislature has advanced two bills that would exacerbate the state's pension problems in much the way it did 27 years ago.</p>
<p style="font-weight: 400;">First the requisite history lesson. In 1999, the Legislature passed Senate Bill 400. The stock market was booming, and the nation's largest pension fund, the California Public Employees' Retirement System, was awash in cash. "Investment earnings had averaged 13.5 percent for a decade, soaring in the two prior years to 20 percent," <a href="https://calpensions.com/category/calpers/sb-400/" data-saferedirecturl="https://www.google.com/url?q=https://calpensions.com/category/calpers/sb-400/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw2_sSi_HZW21JWo6xvbAK6h">per Calpensions</a>. The state's pension plans, it noted, were funded at 100 percent to 139 percent.</p>
<p style="font-weight: 400;">In private 401(k) plans, employees contribute a portion of their income to investment accounts. When the market soars, the employee's account goes up and vice versa. The employee owns what's in the account. With <a href="https://taxpolicycenter.org/briefing-book/what-are-defined-benefit-retirement-plans" data-saferedirecturl="https://www.google.com/url?q=https://taxpolicycenter.org/briefing-book/what-are-defined-benefit-retirement-plans&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw2PfFQsv2shr001muIXaZ2s">"defined benefit"</a> accounts, the pension fund invests the contributions. Employees receive a guaranteed pension based on a formula. If stocks soar, investment funds are in good shape to pay what's promised. If they tank, it creates shortfalls that are backed by taxpayers.</p>
<p style="font-weight: 400;">Flush with cash, union-friendly CalPERS lobbied the legislature to significantly increase pension formulas rather than prepare for a rainy day. S.B. 400 created a "3 percent at 50" retirement benefit for California Highway Patrol officers. They could then retire at age 50 with 90 percent of their final pay after 30 years of service. The benefit applied retroactively, in some cases <a href="https://www.ocregister.com/2019/12/06/true-to-form-lawmakers-ignore-dark-pension-clouds/" data-saferedirecturl="https://www.google.com/url?q=https://www.ocregister.com/2019/12/06/true-to-form-lawmakers-ignore-dark-pension-clouds/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw2CVDzSdnLOrA4Q6J0L6hFn">boosting pensions by 50 percent</a>.</p>
<p style="font-weight: 400;">When public-employee unions want to boost benefits, they start with <a href="https://www.city-journal.org/article/a-rigged-game" data-saferedirecturl="https://www.google.com/url?q=https://www.city-journal.org/article/a-rigged-game&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw2HEB8SEPkJZB3UVeyAkmfT">public safety unions</a>, given the wide support that police and firefighters have from the public. By design, "3 percent at 50"  spread from CHP to police and fire agencies across the state. Agencies then gave their other employees the old public-safety formula. Hey, they had to do it lest they have trouble with recruiting.</p>
<p style="font-weight: 400;">Lo and behold, the stock market <a href="https://calpensions.com/category/calpers/sb-400/" data-saferedirecturl="https://www.google.com/url?q=https://calpensions.com/category/calpers/sb-400/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw2_sSi_HZW21JWo6xvbAK6h">didn't keep soaring</a>. Markets go up, and they go down. The ensuing bust caused massive unfunded pension liabilities, as funding levels fell far below those halcyon days. CalPERS currently is now funded at a poor 79 percent, which is considered decent by post-financial-crisis standards. Governments slashed services and raised taxes to cover their massive new pension contributions. If you're wondering why California public services of every type are so dismal, this tops the list of <a href="https://siepr.stanford.edu/publications/working-paper/pension-math-public-pension-spending-and-service-crowd-out-california" data-saferedirecturl="https://www.google.com/url?q=https://siepr.stanford.edu/publications/working-paper/pension-math-public-pension-spending-and-service-crowd-out-california&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw3y0_jj2NVlevRaELCdwBZo">reasons</a>.</p>
<p style="font-weight: 400;">"Proponents sold the measure in 1999 with the promise that it would impose no new costs on California taxpayers," explained a 2016<em> Los Angeles Times</em> <a href="https://www.latimes.com/projects/la-me-pension-crisis-davis-deal/" data-saferedirecturl="https://www.google.com/url?q=https://www.latimes.com/projects/la-me-pension-crisis-davis-deal/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw0EaeQhs-SZMeb9IkhHApmd">retrospective</a>. "The state employees' pension fund, they said, would grow fast enough to pay the bill in full. They were off—by billions of dollars—and taxpayers will bear the consequences for decades to come." Ironically, it noted, the Dow Jones Industrial Average started dropping precipitously the same year (2000) that SB 400 went into effect.</p>
<p style="font-weight: 400;">The state spent 12 years trying to dig itself out of a hole, culminating in the 2012 passage of the <a href="https://www.calpers.ca.gov/documents/201606-pension-item-12/download" data-saferedirecturl="https://www.google.com/url?q=https://www.calpers.ca.gov/documents/201606-pension-item-12/download&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw35KE8krKp32BF_9E6ZKOtC">Public Employee Pension Reform Act</a>, led by then-Gov. Jerry Brown. Pensions are a tough problem because of something known as the California Rule (really a series of court decisions rather than a regulation). Once a governing body grants a public employee a vested benefit boost, it cannot take it away, even going forward. Therefore, anyone who received the new pension formula would receive it until their dying day—no matter its impact on budgets or services.</p>
<p style="font-weight: 400;">PEPRA was modest, but it wisely increased retirement ages and reduced benefits for new hires. It didn't fix the problem immediately, but it was designed to slow the state's pension debt after a decade or so. As the younger workforce has grown, the system has <a href="https://www.thestreet.com/retirement/pension-reforms-are-working" data-saferedirecturl="https://www.google.com/url?q=https://www.thestreet.com/retirement/pension-reforms-are-working&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw0WDksHcFCMJFjfjLPPYaZp">stabilized</a>. Now, public employee unions are complaining that most of the governmental workforce is receiving the PEPRA-era benefits—and they're lobbying the legislature to vastly expand those payouts.</p>
<p style="font-weight: 400;">Just like in the past, the legislature is starting by boosting public-safety benefits. For instance, <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1383" data-saferedirecturl="https://www.google.com/url?q=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id%3D202520260AB1383&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw15J48OeW6zXXjRyRJHvaMJ">Assembly Bill 1383</a> would authorize public agencies to reduce retirement ages and increase benefit formulas for police and fire for political reasons. It basically guts PEPRA. Also like S.B. 400, the legislation passed the Assembly floor on a bipartisan basis (70-2). The bill almost certainly will be expanded to other categories of workers if the past is an indicator.</p>
<p style="font-weight: 400;">Furthermore, the Legislature is also looking at creating a DROP (Defined Retirement Option Plan) that would let public-safety employees, who already earn <a href="https://www.ocregister.com/2026/03/17/editorial-lawmakers-ready-to-make-pension-crisis-even-worse/" data-saferedirecturl="https://www.google.com/url?q=https://www.ocregister.com/2026/03/17/editorial-lawmakers-ready-to-make-pension-crisis-even-worse/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw102l2LFk7RpkbolfqRW3ud">eye-popping pension payouts</a>, retire with a giant lump-sum payout when they retire at enviably young ages. That atrocity passed the <a href="https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202520260AB1054" data-saferedirecturl="https://www.google.com/url?q=https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id%3D202520260AB1054&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw0yNyZdnre3hIJRo1x8i3wM">Assembly floor</a> with only one "no" vote. And the Legislature is doing this at a time when the national economy is teetering, and the stock market is volatile.</p>
<p style="font-weight: 400;">If it all sounds eerily <a href="https://reason.org/backgrounder/assembly-bill-1383-brings-back-major-pension-costs-for-california/" data-saferedirecturl="https://www.google.com/url?q=https://reason.org/backgrounder/assembly-bill-1383-brings-back-major-pension-costs-for-california/&amp;source=gmail&amp;ust=1777483286299000&amp;usg=AOvVaw3l0hsZbQ3StSFFPBRHXMb4">familiar</a>, that's because it is.</p>
<article class="rcom-standard-article post-8378789 post type-post status-publish format-standard has-post-thumbnail hentry category-conservatism category-economic-nationalism category-politics tag-donald-trump tag-europe tag-european-union tag-hungary tag-jd-vance tag-maga tag-nationalism">
<div class="entry-content" data-mrf-recirculation="Article Body">
<p><em>This column was <a href="https://www.ocregister.com/2026/04/24/ignoring-history-lawmakers-look-to-boost-pensions-as-economy-teeters/">first published</a> in The Orange County Register.</em></p>
</div>
</article>
<p>The post <a href="https://reason.com/2026/05/01/california-lawmakers-are-ignoring-history-by-boosting-pension-benefits-as-the-states-economy-teeters/">California Lawmakers Are Ignoring History by Boosting Pension Benefits as the State&#039;s Economy Teeters</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[The California state flag next to a stack of cash]]></media:description>
		<media:title><![CDATA[04.29.26-v1]]></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[
				California Can't Define 'Hate Speech' But May Mandate Workplace Training Anyway			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/california-cant-define-hate-speech-but-may-mandate-workplace-training-anyway/" />
		<id>https://reason.com/?p=8380105</id>
		<updated>2026-05-01T14:28:31Z</updated>
		<published>2026-05-01T11:00:33Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Hate Speech" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="California" />		<summary type="html"><![CDATA[The term “hate speech” gets thrown around a lot, but it’s legally protected in the U.S.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/california-cant-define-hate-speech-but-may-mandate-workplace-training-anyway/">
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		<p>"Hate speech" is notoriously hard to define and is usually a subjective characterization of harsh words. Though the term is thrown around by people describing comments they don't like, it generally refers to expression that might not be nice but is protected by the First Amendment to the United States Constitution as well as state speech protections. But that's not going to stop California lawmakers from trying to hector people into refraining from voicing nasty sentiments.</p>

<h1>Training the Hate Away</h1>
<p>Existing California law requires employers with five or more employees to provide at least two hours of training regarding sexual harassment to all supervisors, and at least one hour of training to all other employees, repeated every two years. <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1803">Assembly Bill 1803</a>, introduced by Assemblymembers Josh Lowenthal (D–Long Beach) and Rick Chavez Zbur (D–Los Angeles) and co-authored by Assemblymember Corey Jackson (D–Moreno Valley), "would additionally require that the above-described training and education include, as a component of the training and education, anti-hate speech training."</p>
<p>In a <a href="https://jackson.asmdc.org/press-releases/20260401-california-lawmakers-introduce-anti-hate-policy-package-confront-hate-and">press release</a>, Lowenthal claims that "AB 1803 is about making our workplaces safer, more respectful, and more inclusive for everyone. Hate speech has no place on the job, just as sexual harassment has no place on the job. By incorporating anti hate speech training into existing sexual harassment prevention programs, we are building on a proven framework to address harmful behavior before it escalates."</p>
<p>What the world really doesn't need, it should be noted, is more state-mandated nagging about the allegedly naughty activities we shouldn't engage in. As PBS's Rhana Natour <a href="https://www.pbs.org/newshour/nation/does-sexual-harassment-training-work">reported</a> in 2018, "there's little evidence that sexual harassment training works." A 2016 U.S. Equal Opportunity Employment Commission <a href="https://www.eeoc.gov/select-task-force-study-harassment-workplace-report-co-chairs-chai-r-feldblum-victoria-lipnic">report</a> concluded that "much of the training done over the last 30 years has not worked as a prevention tool—it's been too focused on simply avoiding legal liability." <a href="https://www.researchgate.net/publication/249965142_How_Do_Sexual_Harassment_Policies_Shape_Gender_Beliefs_An_Exploration_of_the_Moderating_Effects_of_Norm_Adherence_and_Gender">Research</a> by Justine Tinkler, a sociologist at the University of Georgia, found that such training mostly reinforces traditional views of sex roles by portraying men as predators and women as victims. But training <em>is</em> an effective time suck.</p>
<p>Hate speech has the added burden of being primarily a political term used to describe expression that somebody doesn't like. This makes it very difficult to describe in an actionable way in a country that has vigorous speech protections. California's lawmakers have not risen to the challenge.</p>
<h1>Defining 'Hate Speech' Eludes Everybody</h1>
<p>"As drafted, AB 1803 does not define hate speech," observes the California Assembly Committee on Labor and Employment <a href="https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202520260AB1803">analysis of the bill</a>. "Committee staff is not aware of a definition of hate speech in California law. Hate speech itself is not illegal but can violate employment law if it rises to an actionable level of workplace harassment or discrimination. Nevertheless, the author may wish to consider defining hate speech in the bill so as to give guidance to employers and the CRD [Civil Rights Department] since these entities will be developing the anti-hate speech training."</p>
<p>So, the bill in its current reform would require employers to consume business resources and workers' time with mandatory admonishments to not do something called "hate speech," whatever that might be. Which is probably not illegal to begin with.</p>
<p>"'Hate speech' includes speech protected by the First Amendment — speech the government has no business trying to snuff out with legal mandates," <a href="https://www.fire.org/news/lawmakers-want-force-californians-take-anti-hate-speech-training">point out</a> Adam Goldstein and Greg Gonzalez of the Foundation for Individual Rights and Expression (FIRE). "But also, it has no clear or consistent definition. Because of that vagueness, efforts to regulate 'hate speech' risk giving the government sweeping authority to suppress views it doesn't like."</p>
<p>That's not a hypothetical possibility—it's <a href="https://www.fire.org/news/blogs/free-speech-dispatch/finnish-supreme-court-fines-politician-hate-speech-over-religious">reality</a> in <a href="https://www.reuters.com/business/media-telecom/prosecutors-open-hate-speech-probe-against-french-rolling-news-channel-cnews-2026-04-03/">countries</a> that have adopted hate speech laws. Robert Habeck, an official in Germany's last government, was infamous for wielding the country's restrictive speech laws against his critics. "German Economy Minister Robert Habeck has filed complaints over 730 cases of criminal hate speech since April last year," <em>Politico</em>'s Nette Nöstlinger <a href="https://www.politico.eu/article/germany-robert-habeck-files-730-hate-crime-charge/">reported</a> in 2024. A few of the cases involved actual threats, but many others were sparked by insults such as referring to Habeck as a "<a href="https://www.dw.com/en/germany-greens-habeck-presses-charges-over-online-insult/a-70793557">professional idiot</a>."</p>
<p>Current Chancellor Freidrich Merz continues that tradition; his government pressed charges against a man who called the politician "<a href="https://www.spiked-online.com/2026/03/03/is-it-a-crime-to-mock-politicians-in-germany/">Pinocchio</a>." With around 300 such prosecutions underway, a German court <a href="https://reclaimthenet.org/merz-insult-law-controversy">recently ordered the government</a> to disclose which prosecutors are handling the cases.</p>
<p>In the majority of these prosecutions, people face fines and prison time for saying unpleasant things that enjoy full legal protection under American law.</p>
<h1>Hate Speech Is Legal in the United States</h1>
<p>"In the United States, hate speech is protected by the First Amendment," <a href="https://www.ala.org/advocacy/intfreedom/hate">according</a> to the American Library Association. "Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear."</p>
<p>"Hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group," the group adds.</p>
<p>California lawmakers have tried to clarify their proposed legislation—mostly by adding scare words. That doesn't make supposedly hateful speech itself illegal because it can't.</p>
<p>"Recent amendments to AB 1803, citing speech that 'vilifies, humiliates, or incites hatred' based on protected characteristics, do little to resolve this problem," comment FIRE's Goldstein and Gonzalez. "Terms like 'vilify,' 'humiliate,' and 'incite hatred' lack clear legal meaning, so you end up with a vague mandate that fails to distinguish between protected speech and unprotected conduct."</p>
<p>They warn that if forced to implement hate speech training, private employers will probably restrict perfectly lawful speech just to avoid hassles with state regulators.</p>
<p>A.B. 1803 was introduced as part of a package with <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1578">A.B. 1578</a>, which mandates hate speech training for state and local elected officials, and <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB2347">A.B. 2347</a>, which mandates hate crime training for police officers.</p>
<p>It will be interesting to see if California lawmakers succeed more at consuming workplace time or at inviting First Amendment lawsuits.</p>
<p>The post <a href="https://reason.com/2026/05/01/california-cant-define-hate-speech-but-may-mandate-workplace-training-anyway/">California Can&#039;t Define &#039;Hate Speech&#039; But May Mandate Workplace Training Anyway</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: Luri Gagarin/Dreamstime/California Legislative Information]]></media:credit>
		<media:description type="html"><![CDATA[A man with headphones on holds a laptop.]]></media:description>
		<media:title><![CDATA[CA-hate-speech-training]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: May 1, 1871			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/05/01/today-in-supreme-court-history-may-1-1871-7/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8328872</id>
		<updated>2025-05-03T00:53:02Z</updated>
		<published>2026-05-01T11:00:20Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[5/1/1871: Knox v. Lee decided. &#160;
The post Today in Supreme Court History: May 1, 1871 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/today-in-supreme-court-history-may-1-1871-7/">
			<![CDATA[<p>5/1/1871: <a href="https://conlaw.us/case/knox-v-lee-1871/">Knox v. Lee</a> decided.</p>
<p><iframe loading="lazy" title="&#x2696; Enumerated Powers on the Chase Court (1869-1871) | An Introduction to Constitutional Law" width="500" height="281" src="https://www.youtube.com/embed/ZEXZ4nK-wyY?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/2026/05/01/today-in-supreme-court-history-may-1-1871-7/">Today in Supreme Court History: May 1, 1871</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Review: Latest Bridgerton Season Explores Personal Autonomy			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/bridgerton/" />
		<id>https://reason.com/?p=8378649</id>
		<updated>2026-04-27T13:16:00Z</updated>
		<published>2026-05-01T10:30:59Z</published>
			<category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Netflix" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" /><category scheme="https://reason.com/latest/" term="Television" />		<summary type="html"><![CDATA[A gossip column runs up against monarchical censorship.]]></summary>
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		<p>Netflix's <a href="https://www.netflix.com/title/80232398"><em>Bridgerton</em></a> is a Regency-era drama known for its lavish balls and magnificently over-the-top dresses. In the show's fourth season, released on Netflix in January and February, the show circles timely themes of journalistic freedom and personal autonomy amid all the pomp and pretension.</p>
<p>Set in an alternate-history version of early 19th century London, <em>Bridgerton </em>follows young men and women navigating the "marriage mart" under the watchful eyes of several judgmental aristocratic families, Queen Charlotte, and an ever-present gossip column written by the mysterious Lady Whistledown.</p>
<p>The identity of the author of those pseudonymous missives was outed in Season 3 as Penelope Featherington. Operating outside of polite society's rules, Penelope becomes the show's quiet radical. Her anonymous gossip pamphlet is an enormous success, so much so that she earns an income. Of course, the state attempts to control it.</p>
<p>In the newest season, Penelope is summoned to the queen's palace, where she is told who and what she must write about. Coverage of the "maid wars," a shortage of domestic help that causes havoc and forces households to raise wages, is not interesting enough for the queen. The queen demands gossip!</p>
<p>When the gossip writer seeks permission to give up her column entirely, Queen Charlotte refuses. Penelope is forced to choose between having her thoughts and words censored by the queen or risking everything—social standing, financial security, and more—to defy the bullying head of state.</p>
<p>For all its romantic escapism, <em>Bridgerton</em> quietly reminds viewers that the fight for freedom to write freely and earn a living has always been a radical act—especially for women.</p>
<p>The post <a href="https://reason.com/2026/05/01/bridgerton/">Review: Latest &lt;i&gt;Bridgerton&lt;/i&gt; Season Explores Personal Autonomy</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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	</entry>
		<entry>
					<author>
			<name>Jack Nicastro</name>
							<uri>https://reason.com/people/jack-nicastro/</uri>
					</author>
					<title type="html"><![CDATA[
				Review: Minecraft Is Still Getting Better Over 15 Years After Its Original Release			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/minecraft/" />
		<id>https://reason.com/?p=8378637</id>
		<updated>2026-04-27T13:07:25Z</updated>
		<published>2026-05-01T10:00:44Z</published>
			<category scheme="https://reason.com/latest/" term="Entertainment" /><category scheme="https://reason.com/latest/" term="Video Games" /><category scheme="https://reason.com/latest/" term="Microsoft" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" />		<summary type="html"><![CDATA[Contrary to the concerns of big-is-bad types, the game's charm has only grown since its Big Tech acquisition.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/minecraft/">
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		<p>With its iconic blocky visual style, intuitive crafting system, rewarding resource acquisition, and many multiplayer game modes to explore, <em>Minecraft </em>revolutionized the sandbox survival genre. Fifteen years later, it's still going strong.</p>
<p>The game was <a href="https://www.redbull.com/us-en/history-of-minecraft#:~:text=The%20first%20edition%20of%20Minecraft,beginning%20to%20pick%20up%20speed.">created</a> by the Swedish programmer Markus "Notch" Persson over a single weekend in May 2009. A month later, Notch <a href="https://minecraft.wiki/w/Mojang_Studios">founded</a> the Stockholm-based Mojang Studios to develop Minecraft 1.0.0, the official version <a href="https://minecraft.wiki/w/Java_Edition_1.0.0">released</a> for Mac and PC in November 2011. Microsoft <a href="https://news.microsoft.com/source/2014/09/15/minecraft-to-join-microsoft/">announced</a> its acquisition of <em>Minecraft</em> and Mojang Studios in September 2014, after the game had <a href="https://www.itpro.com/strategy/23112/minecraft-developer-acquired-by-microsoft-for-25bn">sold</a> 54 million copies and <a href="https://www.itpro.com/strategy/23112/minecraft-developer-acquired-by-microsoft-for-25bn">boasted</a> 100 million registered users.</p>
<p>Contrary to the concerns of big-is-bad types, <em>Minecraft</em>'s charm has only grown since its Big Tech acquisition. Minecraft 26.1—the newest version of the game, <a href="https://feedback.minecraft.net/hc/en-us/articles/44551668333837-Minecraft-Java-Edition-26-1">released</a> in March—features myriad new blocks, mechanics, mobs, and challenges that preacquisition <em>Minecraft</em> lacked.</p>
<p>The post <a href="https://reason.com/2026/05/01/minecraft/">Review: &lt;i&gt;Minecraft&lt;/i&gt; Is Still Getting Better Over 15 Years After Its Original Release</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Minecraft/Microsoft]]></media:credit>
		<media:description type="html"><![CDATA[Minecraft screenshot]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Who's Gonna Drive You Home?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/05/01/brickbat-whos-gonna-drive-you-home/" />
		<id>https://reason.com/?p=8379676</id>
		<updated>2026-04-29T19:47:46Z</updated>
		<published>2026-05-01T08:00:20Z</published>
			<category scheme="https://reason.com/latest/" term="Alcohol" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Drunk driving" /><category scheme="https://reason.com/latest/" term="Government employees" /><category scheme="https://reason.com/latest/" term="Minnesota" />		<summary type="html"><![CDATA[In Minnesota, Anthony Stephen Israelson was found guilty of two misdemeanors for driving a school bus drunk. The case stemmed&#8230;
The post Brickbat: Who&#039;s Gonna Drive You Home? appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/05/01/brickbat-whos-gonna-drive-you-home/">
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		<p>In Minnesota, Anthony Stephen Israelson was <a href="https://www.fox9.com/news/drunk-st-louis-county-school-bus-driver-gets-1-day-jail">found guilty</a> of two misdemeanors for driving a school bus drunk. The case stemmed from a 2024 incident when he drove a school bus containing more than a dozen children, between kindergarten and 10th grade, with a blood alcohol level of 0.161, more than four times the legal limit for commercial drivers. Israelson was sentenced to 364 days in jail on each count, with all but one day suspended. He must also complete two years of supervised probation and will be subject to random drug and alcohol tests.</p>
<p>The post <a href="https://reason.com/2026/05/01/brickbat-whos-gonna-drive-you-home/">Brickbat: Who&#039;s Gonna Drive You Home?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Sonya Etchison/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[A yellow school bus at a stop sign]]></media:description>
		<media:title><![CDATA[Minnesota-drunk-bus-driver-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/05/Minnesota-drunk-bus-driver-v1-1200x675.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/2026/05/01/open-thread-191/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380036</id>
		<updated>2026-05-01T07:00:00Z</updated>
		<published>2026-05-01T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/05/01/open-thread-191/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/05/01/open-thread-191/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Callais Right Away!			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/04/30/callais-right-away/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380188</id>
		<updated>2026-05-01T03:11:56Z</updated>
		<published>2026-05-01T03:11:56Z</published>
					<summary type="html"><![CDATA[It makes no difference when the Court issues its judgment.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/04/30/callais-right-away/">
			<![CDATA[<p>On Wednesday, the Supreme Court decided <a href="https://www.supremecourt.gov/opinions/25pdf/24-109_21o3.pdf"><em>Callais</em></a>. The last paragraph of the opinion stated:</p>
<blockquote><p>The judgment of the District Court is affirmed, and thesecases are remanded for proceedings consistent with this opinion.</p>
<p class="p1"><i>It is so ordered. </i></p>
</blockquote>
<p>Well, it is not ordered right away. Under the Court's rules, the remand does not happen immediately. In this <a href="https://reason.com/volokh/2020/07/17/when-does-a-supreme-court-judgment-become-effective/">2020</a> post, I described the process by which judgments are actually entered. Conflicts over the timing of the judgments have arisen in high profile cases, including <em>Bush v. Gore</em>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docketfiles/06-1195.htm"><em>Boumediene</em></a>, <a href="http://www.supremecourt.gov/DocketPDF/20/20A17/147844/20200715151247574_2020%2007%2015%20Rule%2045%20Application.pdf"><em>Trump v. Vance</em></a>, <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a15.html">Trump v. Mazars</a>, <em><a href="https://www.supremecourt.gov/docket/docketfiles/html/public/18-587.html">DHS v. Regents</a>, <a href="https://reason.com/volokh/2021/12/14/whole-womans-health-and-texas-fight-over-issuance-of-the-judgment/">Whole Woman's Health v. Jackson</a></em>, and others. Of course, after <em>Obergefell</em> was decided, jurisdictions outside the Sixth Circuit immediately issued marriage licenses to gay couples, even though they were bound by injunctions. Whatever, love won!</p>
<p>The private plaintiffs in <em>Trump v. Callais</em> have <a href="https://www.supremecourt.gov/DocketPDF/25/25A1197/405667/20260429182953938_4-29-2026_Application%20to%20Expedite.pdf">asked</a> the Supreme Court to issue the judgment forthwith. Louisiana has <a href="https://www.supremecourt.gov/DocketPDF/25/25A1197/406692/20260430110522195_For%20Filing%20Resp%20to%20Mot%20to%20Expedite.pdf">taken no position</a> on the request, because the issuance of the judgment is irrelevant:</p>
<blockquote><p>The State notes that the Court's May 15, 2024 Order also states that, "[i]n the event jurisdiction is noted or postponed, this order will remain in effect pending the sending down of the judgment of this Court." That language can be read to conflict with the cited language above, which requires automatic termination of the Order if the lower court's judgment is affirmed. That potential conflict, however, has no bearing here because, whether the Order is already terminated or will be terminated when this Court sends down the judgment, <strong>nothing prevents Louisiana from adopting a constitutional map and process consistent with this Court's decision right now</strong>.</p></blockquote>
<p>Louisiana is correct. The District Court did not issue an injunction. The Supreme Court affirmed the District Court's judgment. Nothing prohibits Louisiana from following the Supreme Court's decision as a precedent, even if there is no issued judgment. Moreover, once Louisiana adopts new maps in the next week or so, this entire dispute will be mooted.</p>
<p>The Supreme Court can safely do nothing here.</p>
<p>The post <a href="https://reason.com/volokh/2026/04/30/callais-right-away/">&lt;i&gt;Callais&lt;/i&gt; Right Away!</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[
				Candace Owens Sued for Defamation Over Claims of Conspiracy to Assassinate Charlie Kirk			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/04/30/candace-owens-sued-for-defamation-over-claims-of-conspiracy-to-assassinate-charlie-kirk/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380177</id>
		<updated>2026-04-30T22:24:48Z</updated>
		<published>2026-04-30T22:24:48Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[Some excerpts from the long Complaint in Harpole v. Owens (M.D. Tenn.), just filed today (of course, recall that these&#8230;
The post Candace Owens Sued for Defamation Over Claims of Conspiracy to Assassinate Charlie Kirk appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/04/30/candace-owens-sued-for-defamation-over-claims-of-conspiracy-to-assassinate-charlie-kirk/">
			<![CDATA[<p>Some excerpts from the long <a href="https://storage.courtlistener.com/recap/gov.uscourts.tnmd.108994/gov.uscourts.tnmd.108994.1.0.pdf">Complaint in <em>Harpole v. Owens</em></a> (M.D. Tenn.), just filed today (of course, recall that these are all just accusations, not court findings):</p>
<blockquote><p>Plaintiﬀ Brian Harpole is a citizen and resident of Texas. He is the founder and head of Integrity Security Solutions, a private security ﬁrm. In or around 2018, Harpole began working for the late Charlie Kirk, with Integrity Solutions providing security for Turning Point USA and protective services for Kirk from 2022 to 2025. Integrity Solutions provided these services for Turning Point USA and Charlie Kirk at Utah Valley University on September 10, 2025, where Kirk was fatally shot&hellip;.</p>
<p>Shortly after the assassination, Owens began disseminating content asserting that Kirk was betrayed by individuals close to him, that the government orchestrated a cover-up of the assassination, that Turning Point USA was implicated in the event, and advancing numerous additional conspiracy theories suggesting that somebody other than Tyler Robinson was involved in the murder&hellip;.</p>
<p>Since Charlie Kirk's assassination, Owens has intentionally proliferated a campaign intended to impugn the reputation of Harpole. Without even a modicum of substantiated evidence, she has publicly accused Harpole and Integrity Solutions of foreknowledge, participation in, and cover-up of the assassination of Charlie Kirk, as well as professional unﬁtness and criminal negligence. Despite Owens admitting that she had viewed Harpole's ﬂight records, she continued to accuse him of attending a meeting at Fort Huachuca—based solely on unsubstantiated testimony from Defendant Snow. Furthermore, without any evidence that Harpole acted negligently or intentionally with regard to the assassination of Kirk, Owens spread conspiracy theories that he somehow and for some reason intended Kirk to die&hellip;.</p>
<p>Between December 9, 2025, and December 28, 2025, Owens, through at least eight separate statements published on X and disseminated via her podcast, falsely and negligently, if not intentionally and with reckless disregard for the truth, alleged that Harpole attended a conspiracy meeting at Fort Huachuca on the day preceding Kirk's assassination and colluded with the government in connection with that assassination. She therefore also accused him of conspiracy to commit murder, a criminal oﬀense. These statements include, but are not limited to:</p></blockquote>
<p><span id="more-8380177"></span></p>
<blockquote>
<ol type="a">
<li>Owens's December 9, 2025, podcast in which she falsely claimed that Mitch Snow, who she describes as "credible," saw Plaintiﬀ at Fort Huachuca on September 9, 2025, the day before the assassination and that "[w]hen an operation is being conﬁrmed, you have these ﬁnal meetings, and they involve all the higher-ups and you are trying to do this in a very isolated location where you know people are not going to accidentally happen upon you[.]"</li>
<li>Owen's description of her December 9, 2025, podcast, reading, "After today, I do not know how this leads to anything other than a full confession from the government about their [sic] involvement in Charlie Kirk's assassination"</li>
<li>Owens's December 18, 2025, X post stating, "We bring you an EXPLOSIVE interview with what may be the lone eyewitness to a mysterious, top brass meeting which occurred on Fort Huachuca the day before Charlie's assassination&hellip;."</li>
<li>Owens's December 18, 2025, podcast in which she published Mitch Snow's false account of seeing Plaintiﬀ at Fort Huachuca and claimed to have evidence conﬁrming his narrative.</li>
<li>Owens's December 19, 2025, podcast in which she stated that she ﬁnds Defendant's Snow's narrative to be "compelling" because she was "given travel logs for Brian Harpole and it is entirely possible that Brian Harpole could have made it to that meeting."</li>
<li>Owens's December 22, 2025, X post in which she stated she viewed Plaintiﬀ's ﬂight records and conﬁrmed that they did not provide an alibi.</li>
<li>Owens's December 23, 2025, X post ""Fort Huachuca Conﬁrmed" which contains an unsubstantiated incident report.</li>
<li>Owens's December 28, 2025, X post claiming that the Fort Huachuca story was legitimized by Plaintiﬀ's estranged son.</li>
</ol>
<p>Between October 27, 2025, and the ﬁling of this Complaint, Owens has also falsely and intentionally made at least ﬁve separate statements suggesting that Harpole had foreknowledge of the assassination and actively assisted in bringing it out. Owens is falsely accusing Harpole of criminal activity, up to and including murder. These statements include, but are not limited to:</p>
<ol type="a">
<li>Owens's November 18, 2025, podcast in which she accuses Plaintiﬀ of lying about drone availability, asking is "this how these assassinations happen?", accuses Harpole of failing to secure the UVU rooftops, and statements that Harpole should be ﬁred.</li>
<li>Owens's November 19, 2025, podcast in which she again accuses Harpole of lying about drone availability.</li>
<li>Owens's December 12, 2025, post to X where she states, "Brian Harpole has already been caught lying about what transpired on that day. Did he also lie about having placed a 911 call? Did no one from their team call 911 after Charlie was shot?"</li>
<li>Owens's December 16, 2025, X post where she says Brian Harpole did not pack Kirk's wound.</li>
<li>Owens's January 8, 2026, statements that (i) "we have to revisit Brian Harpole's story about how far in advance they typically plan security because someone has leaked me another glaring oddity in this security protocol; (ii) there was "no security plan in place" at Charis Bible College, claiming it odd that Harpole's team planned Kirk's security strategy for Utah Valley University two weeks in advance, but failed to contact the Chief of Police for Woodland, Colorado, to plan security for the Charis Bible College event (iii) "[t]hat's what I mean when you lie a lot and when you're planning things you're not supposed to be planning. Yeah, as in the next day if you expected Charlie to make it to September 11th you would have been communicating about what he was doing um up at the Charis Bible College." (iv) "Why didn't Dan Flood and Brian Harpole and Turning Point USA's security have any coordination with the police departments up in Colorado if this is what they normally do[?]; &hellip;</li>
</ol>
<p>All of Owens's statements are either false on their face or create a false meaning reasonably conveyed by the published words. They are not protected opinions, rhetorical hyperbole, or questions without defamatory implication. It is simply false that Harpole knew Charlie Kirk was going to die or was involved in the planning, commission, or alleged cover-up of the assassination&hellip;. In addition, or in the alternative, Owens acted with actual malice, in that Defendant knew the statements were false or acted with reckless disregard for their truth or falsity. This is because, Owens, <em>inter alia</em>,:</p>
<ol type="a">
<li>Knew Harpole's plane tickets squarely placed him in Texas at the time of the alleged meeting at Fort Huachuca, Arizona.</li>
<li>Acknowledged that Mitch Snow, and only Mitch Snow, claimed Harpole attending the alleged Fort Huachuca meeting.</li>
<li>Treated limited evidence, much of which is of questionable veracity, that Snow was at Fort Huachuca as evidence that Harpole was also there.</li>
<li>Knew, based on oﬃcial reports, that the investigation had revealed that Tyler Robinson alone was responsible for the assassination, but insisted that Harpole was involved.</li>
<li>Ignored the thousands of comments pointing out gaps in her theory alleging Harpole's involvement.</li>
<li>Ignored the blatant credibility issues with the "incident report," and proliferated the narrative that Harpole was at Fort Huachuca while conceding that she could not verify whether the meeting happened, let alone whether Harpole was there, because she was not in attendance.</li>
<li>Was aware that even if security was not planned two weeks in advance, this does not translate to foreknowledge or complicity in assassination.</li>
<li>Knew and conceded that Harpole ran over to Kirk with Harpole's medical bag to provide care after he was shot.</li>
</ol>
<p>Owens intentionally ignored all documents and evidence contradicting her narrative and nevertheless chose to publish such statements. She additionally failed to investigate obvious doubts such as the authenticity of the incidence report&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/04/30/candace-owens-sued-for-defamation-over-claims-of-conspiracy-to-assassinate-charlie-kirk/">Candace Owens Sued for Defamation Over Claims of Conspiracy to Assassinate Charlie Kirk</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[
				ImmigrationProf Blog Symposium on the Birthright Citizenship Oral Arguments			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/04/30/immigrationprof-blog-symposium-on-the-birthright-citizenship-oral-arguments/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380157</id>
		<updated>2026-04-30T21:37:45Z</updated>
		<published>2026-04-30T21:37:45Z</published>
			<category scheme="https://reason.com/latest/" term="Birthright Citizenship" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="14th Amendment" /><category scheme="https://reason.com/latest/" term="Donald Trump" />		<summary type="html"><![CDATA[A compilation of posts by various legal scholars, including myself.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/04/30/immigrationprof-blog-symposium-on-the-birthright-citizenship-oral-arguments/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8063419"><img decoding="async" class="alignnone size-medium wp-image-8063419" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg" alt="" width="300" height="199" data-credit="Milla74/Dreamstime" srcset="https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-300x199.jpg 300w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1024x680.jpg 1024w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-768x510.jpg 768w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-1536x1020.jpg 1536w, https://reason.com/wp-content/uploads/2020/05/BabyAmericanFlagDreamstime-2048x1360.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Milla74/Dreamstime</figcaption></figure> <p>The ImmigrationProf Blog site has been hosting a symposium on the birthright citizenship case oral argument, which took place before the Supreme Court earlier this month. They now have <a href="https://immprof.com/symposium-on-the-oral-arguments-in-trump-v-barbara/">a post</a> compiling links to the different posts, including one of my own. The other contributors are all prominent immigration law and constitutional law scholars. I include the links below:</p> <p><a href="https://immprof.com/trump-v-barbara-symposium-jack-chin-on-lessons-from-the-oral-arguments/" rel="noreferrer">Jack Chin on Lessons from the Oral Arguments</a></p> <p><a href="https://immprof.com/symposium-on-trump-v-barbara-ilya-somin-justice-barrett-slavery-and-birthright-citizenship/" rel="noreferrer">Ilya Somin, Justice Barrett, Slavery, and Birthright Citizenship</a></p> <p><a href="https://immprof.com/symposium-on-trump-v-barbara-ilya-somin-justice-barrett-slavery-and-birthright-citizenship/" rel="noreferrer">Bearing the Sins of the Father&hellip;. by Ediberto Roman</a></p> <p><a href="https://immprof.com/symposium-on-trump-v-barbara-2/" rel="noreferrer">Rachel E. Rosenbloom, The Solicitor General Crossed a Line in Trump v. Barbara</a></p> <p><a href="https://immprof.com/trump-v-barbara-symposium-the-citizenship-clause-is-part-of-an-anti-aristocracy-constitution-by-d-carolina-nunez/" rel="noreferrer">The Citizenship Clause is Part of an Anti-Aristocracy Constitution by D. Carolina Núñez</a></p> <p>My contribution to the symposium was originally posted <a href="https://reason.com/volokh/2026/04/01/justice-barrett-slavery-and-birthright-citizenship/">right here</a> at the VC blog. It builds, in part, on my earlier <em>Lawfare</em> article, "<a href="https://www.lawfaremedia.org/article/slavery-and-birthright-citizenship">Slavery and Birthright Citizenship</a>."</p><p>The post <a href="https://reason.com/volokh/2026/04/30/immigrationprof-blog-symposium-on-the-birthright-citizenship-oral-arguments/">ImmigrationProf Blog Symposium on the Birthright Citizenship Oral Arguments</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Milla74/Dreamstime]]></media:credit>
		<media:title><![CDATA[BabyAmericanFlagDreamstime]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/05/BabyAmericanFlagDreamstime-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Canada's New 'Sovereign Wealth Fund' Is Actually a Debt-Fueled Spending Scheme			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/canadas-new-sovereign-wealth-fund-is-actually-a-debt-fueled-spending-scheme/" />
		<id>https://reason.com/?p=8380104</id>
		<updated>2026-04-30T20:35:15Z</updated>
		<published>2026-04-30T20:45:21Z</published>
			<category scheme="https://reason.com/latest/" term="Carbon" /><category scheme="https://reason.com/latest/" term="Canada" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Tax credits" />		<summary type="html"><![CDATA[Canadian Prime Minister Mark Carney is marketing his new Canada Strong Fund as a "sovereign wealth fund," but it is one of many ways the government can waste taxpayer money.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/04/30/canadas-new-sovereign-wealth-fund-is-actually-a-debt-fueled-spending-scheme/">
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										alt="Canadian Prime Minister Mark Carney | Grzegorz Krzyzewski / Fotonews/ZUMAPRESS/Newscom"
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		<p><span style="font-weight: 400">Amid the reshaping of the global economic order, thanks in part to President Donald Trump's tariffs and trade policies, Canadian Prime Minister Mark Carney is proposing his own restructuring of Canada's economy.</span></p>
<p><span style="font-weight: 400">On Monday, Carney </span><a href="https://www.canada.ca/en/department-finance/news/2026/04/canada-strong-fund.html"><span style="font-weight: 400">announced</span></a><span style="font-weight: 400"> the creation of a new "sovereign wealth fund," called the Canada Strong Fund. The fund will begin at 25 billion Canadian dollars (about $18.4 billion) and will be used to finance various infrastructure projects.</span></p>
<p><span style="font-weight: 400">"The order which Canada helped build&hellip;is crumbling," Carney </span><a href="https://www.youtube.com/live/E1eo7o0BVJM?si=lS5WBwjULnfOm3l3"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> on Monday. Canada's "former strengths built on [its] close ties to the United States have become [its] weakness," he added.</span></p>
<p><span style="font-weight: 400">To rectify this, Carney's proposed wealth fund would serve as "a national savings and investment account," and be modeled after Norway's $2 trillion investment fund. Except, this is not what the Canadian government is proposing.</span></p>
<p><span style="font-weight: 400">While the Norwegian </span><a href="https://www.nbim.no/en/investments/"><span style="font-weight: 400">investment</span></a><span style="font-weight: 400"> fund is financed by the country's oil and gas revenues, only spends the return it makes, and can only make expenditures outside of the country (a measure to prevent corruption and political horse-trading), Carney's proposal would be funded by borrowing and its money spent on Canadian </span><a href="https://www.canada.ca/en/department-finance/news/2026/04/canada-strong-fund.html"><span style="font-weight: 400">companies</span></a><span style="font-weight: 400">. In his announcement, Carney said that the fund will go toward investments in infrastructure, advanced manufacturing, energy, and mining, where "leading Canadian companies" will receive the money.</span></p>
<p><span style="font-weight: 400">"It's not a sovereign wealth fund. It's a debt-fueled corporate slush fund," Franco Terrazzano, federal director of the Canadian Taxpayers Federation, tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">. "Carney's fund is not built on wealth or savings. It's built on borrowed money, and it's going to gamble tax dollars on risky corporate handouts."</span></p>
<p><span style="font-weight: 400">The exact details of what projects the government will spend its borrowed money on are yet to be announced, but Canadian public finances will likely take the hit. The government is already </span><a href="https://budget.canada.ca/update-miseajour/2026/report-rapport/overview-apercu-en.html"><span style="font-weight: 400">predicting</span></a><span style="font-weight: 400"> a $66.9 billion deficit for FY 2026, and </span><a href="https://www.canada.ca/en/department-finance/services/publications/annual-financial-report/2025.html"><span style="font-weight: 400">federal debt</span></a><span style="font-weight: 400"> has climbed to over $1.2 trillion, which is 41.2 percent of Canada's GDP.</span></p>
<p><span style="font-weight: 400">Despite this precarious position, Carney is going full steam ahead with this scheme. According to Terrazzano, "this isn't the only slush fund the government has." He points out that the government already has the Canada Infrastructure Bank, the Canada Growth Fund, and "billions of dollars in other types of subsidies." All of these programs have a checkered history of irresponsibly spending public money.</span></p>
<p><span style="font-weight: 400">The Canada Infrastructure Bank, for instance, was launched in 2017 with $35 billion of taxpayer money. It committed to funding over 100 projects, of which only 11 were finished. Failed bank projects include the Lake Erie Connector project, which </span><a href="https://nationalpost.com/news/canada/new-owner-lake-erie-power-line-project-in-talks-infrastructure-bank"><span style="font-weight: 400">aimed</span></a> <span style="font-weight: 400">to build a high-voltage power line from Ontario to Pennsylvania. After spending $655 million on the $1.7 billion venture, its developer canceled the project </span><a href="https://www.ourcommons.ca/documentviewer/en/44-1/TRAN/report-19/page-66"><span style="font-weight: 400">due</span></a><span style="font-weight: 400"> to "rapid cost escalation." (The bank's first CEO, Pierre Lavallée, resigned in April 2020, and despite not completing a single project under his tenure, was given </span><a href="https://torontosun.com/news/national/canada-infrastructure-bank-approved-bonuses-to-ceo-who-resigned"><span style="font-weight: 400">generous six-figure bonuses</span></a><span style="font-weight: 400"> after his resignation.)</span></p>
<p><span style="font-weight: 400">Meanwhile, the Canada Growth Fund, which aimed to finance projects that boost the economy and reduce greenhouse gas emissions, has effectively been used as a mechanism for corporate welfare. In 2024, the Canadian government </span><a href="https://www.canadian-accountant.com/content/business/carbon-capture-projects-public-money"><span style="font-weight: 400">announced that</span></a> <span style="font-weight: 400">Strathcona Resources, one of the nation's largest oil producers (which recorded over $4 billion in </span><a href="https://www.strathconaresources.com/wp-content/uploads/2025/03/Strathcona-2024-Annual-Report-Final.pdf"><span style="font-weight: 400">revenue</span></a><span style="font-weight: 400"> that year), would get $500 million of taxpayer cash (with the potential to receive up to $1 billion) via the fund to begin engineering work for carbon capture projects across its facilities in Saskatchewan and Alberta. The projects are still underway, but the company </span><a href="https://www.strathconaresources.com/strathcona-resources-announces-up-to-2-billion-carbon-capture-partnership-with-canada-growth-fund/"><span style="font-weight: 400">expects</span></a><span style="font-weight: 400"> to recoup "substantially all of [its] share of capital costs" through federal tax credits.</span></p>
<p><span style="font-weight: 400">"I think it's the same politics in Canada that you see all around the world," says Terrazzano. "Politicians like to spend other people's money, have press conferences, smile for the camera, and cut ribbons."</span></p>
<p><span style="font-weight: 400">Carney believes that the Canada Strong Fund is needed to make Canada prosperous. But given Canada's existing fiscal problems and the bevy of other wasteful programs, creating another way for the government to spend more taxpayer money seems like a poor way to achieve this objective.</span></p>
<p>The post <a href="https://reason.com/2026/04/30/canadas-new-sovereign-wealth-fund-is-actually-a-debt-fueled-spending-scheme/">Canada&#039;s New &#039;Sovereign Wealth Fund&#039; Is Actually a Debt-Fueled Spending Scheme</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Grzegorz Krzyzewski / Fotonews/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Canadian Prime Minister Mark Carney]]></media:description>
		<media:title><![CDATA[zumaamericasfortyeight972700]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/zumaamericasfortyeight972700-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Jack Nicastro</name>
							<uri>https://reason.com/people/jack-nicastro/</uri>
					</author>
					<author>
			<name>Joseph V. Coniglio</name>
							<uri>https://reason.com/people/joseph-coniglio/</uri>
					</author>
					<title type="html"><![CDATA[
				China Blocks Tech Acquisitions To Weaken America. The U.S. Shouldn't Follow Suit.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/china-blocks-tech-acquisitions-to-weaken-america-the-u-s-shouldnt-follow-suit/" />
		<id>https://reason.com/?p=8380110</id>
		<updated>2026-04-30T20:16:51Z</updated>
		<published>2026-04-30T20:25:47Z</published>
			<category scheme="https://reason.com/latest/" term="Antitrust" /><category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Amazon" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Facebook" /><category scheme="https://reason.com/latest/" term="Federal Trade Commission" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Mergers" />		<summary type="html"><![CDATA[China ordered Meta to roll back its acquisition of AI startup Manus on Monday.]]></summary>
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										alt="A figure illustrated with the Chinese flag fighting with a figure illustrated with the Manus logo. In the background is a crack, with the Meta name and logo. | Illustration: Midjourney/Nikol85/Dreamstime/Manus/Meta/Wikimedia Commons"
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		<p><span style="font-weight: 400;">Earlier this week, the People's Republic of China blocked Meta from acquiring Manus, an AI startup that developed an advanced AI agent capable of completing complex tasks and </span><a href="https://www.cnbc.com/2026/04/28/china-meta-manus-ai-deal.html"><span style="font-weight: 400;">relocated</span></a><span style="font-weight: 400;"> last summer from China to the more business- and investment-friendly Singapore, apparently with the approval of Chinese regulators. </span></p>
<p><span style="font-weight: 400;">Meta </span><a href="https://www.facebook.com/business/news/manus-joins-meta-accelerating-ai-innovation-for-businesses"><span style="font-weight: 400;">announced</span></a><span style="font-weight: 400;"> its $2 billion acquisition of the fast-growing AI company last December. At the time, Meta celebrated the deal as bringing "one of the leading autonomous general-purpose agents" to billions of people and millions of businesses. In short, the synergies between Manus' technology and Meta's scale made for a promising acquisition.</span></p>
<p><span style="font-weight: 400;">The Chinese government was less enthusiastic.</span></p>
<p><span style="font-weight: 400;">In January, the Ministry of Commerce </span><a href="http://english.scio.gov.cn/pressroom/2026-01/09/content_118270474.html"><span style="font-weight: 400;">announced</span></a><span style="font-weight: 400;"> a regulatory investigation into the deal, noting its seemingly dubiously broad authority that "enterprises engaging in overseas investment, technology export, cross-border data transfer, cross-border mergers and acquisitions&hellip;must comply with Chinese laws and regulations." On Monday, the National Development and Reform Commission, home of the </span><a href="https://investmentpolicy.unctad.org/investment-laws/laws/570/china-foreign-investment-security-review-measures"><span style="font-weight: 400;">Working Mechanism for Foreign Investment Security Review</span></a><span style="font-weight: 400;">, </span><a href="https://www.cnbc.com/2026/04/27/meta-manus-china-blocks-acquisition-ai-startup.html"><span style="font-weight: 400;">declared</span></a><span style="font-weight: 400;"> that the deal must be unwound. </span></p>
<p><span style="font-weight: 400;">To be sure, this is but the most recent instance of China advancing its bid for global techno-economic hegemony by blocking acquisitions by large American technology companies. In 2023, the State Administration for Market Regulation, China's main national antitrust regulator, </span><a href="https://www.nytimes.com/2023/08/16/business/intel-tower-semiconductor-china.html"><span style="font-weight: 400;">forced</span></a><span style="font-weight: 400;"> Intel to scuttle its $5.4 billion acquisition of Tower Semiconductor, an Israeli chipmaker with an office in Shanghai, by delaying merger approval for 18 months. </span></p>
<p><span style="font-weight: 400;">While it is easy to be frustrated with the Chinese government and its use of merger and acquisition controls to limit the competitive advantage of American tech firms, many policymakers in the West have enabled China's success by weaponizing antitrust and competition laws to kill pro-competitive deals by Big Tech firms. </span></p>
<p><span style="font-weight: 400;">The downfall of iRobot is a case in point. In August 2022, Amazon offered to purchase the American robotics company that, despite being the maker of the innovative autonomous Roomba vacuum cleaner, was </span><a href="https://fortune.com/2025/12/22/irobot-colin-angle-biggest-reason-failure-chinese-competition-amazon/"><span style="font-weight: 400;">rapidly losing market share</span></a><span style="font-weight: 400;"> to Chinese state-supported competitors—its stock value had </span><a href="https://reason.com/2025/12/17/thanks-to-antitrust-officials-irobot-will-be-acquired-by-a-chinese-robotics-firm-instead-of-amazon/"><i><span style="font-weight: 400;">halved</span></i></a><span style="font-weight: 400;"> from its 2021 zenith. </span></p>
<p><span style="font-weight: 400;">iRobot's financial precarity and the lack of any coherent theory of anticompetitive harm notwithstanding, the Federal Trade Commission under then-Chair Lina Khan, who has long held a </span><a href="https://yalelawjournal.org/note/amazons-antitrust-paradox"><span style="font-weight: 400;">grudge</span></a><span style="font-weight: 400;"> against Amazon, launched an investigation in September 2022. Anticipating a lawsuit from federal regulators and facing scrutiny from the European Commission, Amazon withdrew its $1.4 billion bid in January 2024. </span></p>
<p><span style="font-weight: 400;">iRobot was forced to lay off </span><a href="https://www.cnbc.com/2024/01/29/amazon-terminates-irobot-deal-vacuum-maker-to-lay-off-31percent-of-staff.html"><span style="font-weight: 400;">31 percent of its workforce</span></a><span style="font-weight: 400;"> immediately following Amazon's announcement. By December 2025, the company was </span><a href="https://reason.com/2025/12/17/thanks-to-antitrust-officials-irobot-will-be-acquired-by-a-chinese-robotics-firm-instead-of-amazon/"><span style="font-weight: 400;">mired</span></a><span style="font-weight: 400;"> in hundreds of millions of dollars of debt and </span><a href="https://www.reuters.com/technology/irobot-enters-chapter-11-lender-acquire-roomba-maker-2025-12-15/"><span style="font-weight: 400;">had filed for bankruptcy</span></a><span style="font-weight: 400;">, from which it would be "rescued" by Shenzhen Picea Robotics in January. </span></p>
<p><span style="font-weight: 400;">In other words, iRobot is now a wholly owned subsidiary of a Chinese robotics company. </span></p>
<p><span style="font-weight: 400;">The upshot is clear. The American technology firms crucial to the West's prosperity and security face ample antagonism from abroad. Rather than aiding and abetting our adversaries with a "big is bad" antitrust policy, American regulators should adopt creative policies that deter and respond in kind to China's assault on American mergers and acquisitions. </span></p>
<p><span style="font-weight: 400;">For starters, the United States should be coordinating with key allies to foster pro-competitive mergers and maintain the West's techno-economic edge through free trade agreements and pro-innovation partnerships that ensure its firms are global technology leaders. </span></p>
<p><span style="font-weight: 400;">Moreover, in exceptional circumstances like these that involve China acquiring American high-tech firms, U.S. policymakers might consider using tools like the Committee on Foreign Investment in the United States, which provides a mechanism for the government to prohibit foreign investments that could jeopardize national security. </span></p>
<p><span style="font-weight: 400;">The Meta-Manus affair should be yet another wake-up call for American (and European) policymakers to work together and unleash innovation. Let's hope they finally get the message.</span></p>
<p>The post <a href="https://reason.com/2026/04/30/china-blocks-tech-acquisitions-to-weaken-america-the-u-s-shouldnt-follow-suit/">China Blocks Tech Acquisitions To Weaken America. The U.S. Shouldn&#039;t Follow Suit.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney/Nikol85/Dreamstime/Manus/Meta/Wikimedia Commons]]></media:credit>
		<media:description type="html"><![CDATA[A figure illustrated with the Chinese flag fighting with a figure illustrated with the Manus logo. In the background is a crack, with the Meta name and logo.]]></media:description>
		<media:title><![CDATA[China-Manas-Meta-v1]]></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[
				You Should Press the Red Button, Never the Blue Button			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/you-should-press-the-red-button-never-the-blue-button/" />
		<id>https://reason.com/?p=8380093</id>
		<updated>2026-04-30T20:05:46Z</updated>
		<published>2026-04-30T20:10:18Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Polls" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Twitter" />		<summary type="html"><![CDATA[A MrBeast post is going viral on X, and the correct answer is obvious.]]></summary>
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										alt="YouTuber MrBeast | Illustration: Midjourney/Sthanlee Mirador/Sipa USA/Newscom"
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		<p>Let's talk about something silly, but quite revealing: Would you press the red button or the blue button? A version of this puzzle goes viral on social media from time to time; this week, writer <a href="https://x.com/waitbutwhy/status/2047710215265730755">Tim Urban</a> kicked things off, and YouTube giant <a href="https://x.com/MrBeast/status/2049273335742435617">MrBeast</a>, who often sets up competitions in which participants have to play prisoner's dilemma–style mind games for money, soon followed suit.</p>

<p>The setup, per MrBeast, is this:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Everyone on earth takes a private vote by pressing a red or blue button. If more than 50% of people press the blue button, everyone survives. If less than 50% of people press the blue button, only people who pressed the red button survive. Which button would you press? BE HONEST.</p>
<p>&mdash; MrBeast (@MrBeast) <a href="https://twitter.com/MrBeast/status/2049273335742435617?ref_src=twsrc%5Etfw">April 28, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>You can see from the above poll results that the blue button won, and everybody survived. Yay. However, it strikes me that this is wrong and frankly distressing.</p>
<p>I suppose I can appreciate why people would pick the blue button, especially if they don't think about the question for more than five seconds. Due to the highly suggestive phrasing, it sounds like blue-button pushers are conscientious and red-button pushers are psychotically self-involved. Don't we all want to do the right thing, believing that we live in a world where our fellow human beings will prioritize the good of everyone over narrow self-interest?</p>
<p>But that framing breaks down when you consider the following: If everybody presses the red button, everybody lives.</p>
<p>It's true that if everybody presses the blue button, everybody also lives. But blue-button folks are putting themselves in danger by gambling that enough people are also going to take the risky option. That is a very bad bet. Red-button pushers are guaranteeing their own safety, at zero cost to anyone else, providing other people also made the rational choice. It's not as if there's some finite supply of red buttons, and it's not as if everybody doing the self-interested thing actually lowers the overall survival rate, as with some versions of the prisoner's dilemma (i.e., both criminals informing on each other). On the contrary, if every single person does the thing that is best for him, he will guarantee his own safety and everybody else's. When an individual's incentives are perfectly in line with the common good, it should be obvious that this is the ideal scenario and other options are suboptimal.</p>
<p>Moreover, in a world of 8 billion humans, the odds that any single person's choice will be the tipping point is so low that you would actually have to be crazy to pick blue. Your vote <em>can't </em>influence the outcome, statistically speaking. All you can do is guarantee your own survival. This is why <em>Reason </em>editor in chief Katherine Mangu-Ward <a href="https://reason.com/2018/10/31/its-ok-not-to-vote/">does not vote</a> in presidential elections; your vote has no practical effect on who wins. If you're voting, it's mostly about making yourself feel good.</p>
<p>Blue-button pushers keep insisting that red-button pushers are being selfish, but really it's the other way around. The blue-button pushers are imposing an obligation on everyone else: They are needlessly placing themselves in harm's way and counting on enough other people making a risky gamble to save them. This becomes more obvious if you word the question slightly differently: <em>If you press the red button, you live, but if you press the blue button, you die unless 51 percent of people press the blue button. </em>I suspect the poll results for this question would be different, even though the scenario is exactly the same.</p>
<p>Or consider the following: <em>There are two paths through the jungle. One path is perfectly safe, and the other path has quicksand that might kill you. If you take the quicksand path, you have to hope enough people will decide not to take the safe path and instead come to rescue you, even though they could sink in and die.</em></p>
<p>Are the rational human beings who take the safe path being selfish? No. In fact, I wouldn't be surprised if they felt a certain resentment toward the quicksand people.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">The whole blue and red button drama is basically this summarized</p>
<p>If everyone clicked red, nobody would die. Those that click blue have suicidal empathy <a href="https://t.co/g9Jk57bx5X">pic.twitter.com/g9Jk57bx5X</a></p>
<p>&mdash; Chibi Reviews (@ChibiReviews) <a href="https://twitter.com/ChibiReviews/status/2049518253383229867?ref_src=twsrc%5Etfw">April 29, 2026</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>I dare anyone who's made it this far to disagree with me! And yet, the blue button won on MrBeast's poll and Urban's poll. I also failed to convince my <em>Rising </em>co-host, Lindsey Granger. It's a lonely world for us libertarians.</p>
<p><iframe loading="lazy" title="Mr. Beast DIVIDES INTERNET with red, blue button dilemma | RISING" width="500" height="281" src="https://www.youtube.com/embed/RjRdeEBgd2g?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>This Week on <em>Free Media</em></h1>
<p>Amber Duke joins me to discuss the walls closing in on Anthony Fauci and the fallout from the thwarted White House Correspondents' Association dinner assassin.</p>
<p><iframe loading="lazy" title="Fauci Aide David Morens INDICTED; Rand Paul Vows JUSTICE Coming" width="500" height="281" src="https://www.youtube.com/embed/_ctPCVNsOy8?start=1&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="Lindsey Graham: Build Trump Ballroom With $400 Million from Taxpayers???" width="500" height="281" src="https://www.youtube.com/embed/B5kOKcvCm2I?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 have moved on to the next Miss Marple mystery, <em>4.50 from Paddington. </em>After that, I intend to take a little break from Agatha Christie and would appreciate good fantasy recommendations.</p>
<p>The post <a href="https://reason.com/2026/04/30/you-should-press-the-red-button-never-the-blue-button/">You Should Press the Red Button, Never the Blue Button</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney/Sthanlee Mirador/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[YouTuber MrBeast]]></media:description>
		<media:title><![CDATA[ChatGPT Image Apr 30, 2026, 03_52_51 PM (1)]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/ChatGPT-Image-Apr-30-2026-03_52_51-PM-1-1200x675.png" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court: No Rule That "a Transgender Parent Should Not Be Awarded Tiebreaking Authority over a Cisgender Parent on Matters of Gender Identity and Expression"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/04/30/court-no-rule-that-a-transgender-parent-should-not-be-awarded-tiebreaking-authority-over-a-cisgender-parent-on-matters-of-gender-identity-and-expression/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380089</id>
		<updated>2026-04-30T17:57:36Z</updated>
		<published>2026-04-30T17:46:06Z</published>
			<category scheme="https://reason.com/latest/" term="Children&#039;s Rights" /><category scheme="https://reason.com/latest/" term="Parental Rights" />		<summary type="html"><![CDATA[An excerpt from Turner v. Abelle-Kiser, decided Tuesday by the Maryland Appellate Court (Judge Douglas Nazarian, joined by Chief Judge&#8230;
The post Court: No Rule That &#34;a Transgender Parent Should Not Be Awarded Tiebreaking Authority over a Cisgender Parent on Matters of Gender Identity and Expression&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/04/30/court-no-rule-that-a-transgender-parent-should-not-be-awarded-tiebreaking-authority-over-a-cisgender-parent-on-matters-of-gender-identity-and-expression/">
			<![CDATA[<p>An excerpt from <a href="https://www.mdcourts.gov/sites/default/files/unreported-opinions/1783s25.pdf"><em>Turner v. Abelle-Kiser</em></a>, decided Tuesday by the Maryland Appellate Court (Judge Douglas Nazarian, joined by Chief Judge Gregory Wells and Judge Glenn Harrell):</p>
<blockquote><p>This appeal arises from a custody dispute between appellant AshLee Smith Turner ("AST") and appellee Blair Abelle-Kiser ("BAK") over custody of their minor child, Z&hellip;. [AST] challenges the court's legal custody decision, and especially the decision to grant tiebreaking authority to BAK &hellip;.</p>
<p>The parties are parents to Z, a minor child. They married before they had Z and were granted a judgment of absolute divorce in June 2022. AST is cisgender, and BAK is transgender&hellip;. [In its child custody decision, the trial] court awarded joint physical custody &hellip; and, most relevant to this appeal, joint legal custody with conditional tiebreaking authority vested in BAK&hellip;.</p></blockquote>
<p>The court upheld the legal custody decision, and in the process said the following:</p>
<blockquote><p>AST argues that &hellip; because Z has begun exploring their gender identity, because BAK is trans, and because BAK has been supportive in that exploration, the circuit court abused its discretion by establishing legal custody as the court did&hellip;.</p>
<p>Importantly, AST does not challenge BAK having tiebreaking authority generally, but asks instead that the court carve gender identity-related parenting decisions out of the tiebreaker. She contends, in essence, that allowing a trans parent to have tiebreaking authority when a child has begun exploring their gender identity is inherently an abuse of discretion. We disagree.</p></blockquote>
<p><span id="more-8380089"></span></p>
<blockquote><p>"[I]n any child custody case, the paramount concern is the best interest of the child." Legal custody refers to a parent's authority to make "long-range decisions" regarding things like education, health, and "other matters of major significance concerning the minor's life and welfare." &hellip;</p>
<p>[T]he circuit court didn't abuse its discretion in deciding not to separate decisions relating to gender identity from the rest of the custody structure. The court had the opportunity to consider the testimony of AST, BAK, BAK's current wife, AST's current husband, and the court evaluator. The court received various documents admitted into evidence, including the court evaluator's report. AST relies most heavily on the evaluator's report on appeal, but the court was entitled to, and did, give that report the weight it thought best, and in any event the report's conclusions weren't so one-sided as to undermine the ruling.</p>
<p>It may be that the evaluator suspects that BAK might have allowed a quicker progression of Z's gender exploration than AST would, and perhaps that they were moving too quickly. But in the same breath, the report criticizes AST for moving too quickly to integrate her new husband into Z's life. The custody plan ordered by the court recognizes the complexities and fluidity of parenting and retains the opportunity and incentives for the parents to work together to make all the decisions Z will need them to make.</p>
<p>Moreover, the court evaluator interviewed multiple therapists, including those treating Z. As the evaluator noted, "[b]y all accounts, [Z] made [the decision to explore their gender identity] independently." And Z's therapist "recommended that the parties follow [Z]'s lead in terms of using [their] preferred pronouns and whatever name [they] wanted to be called on a daily basis." The report never suggests that supporting Z in their gender exploration is not in their best interest. Indeed, at least according to their therapist, <em>supporting</em> Z's gender identity formation and exploration is affirmatively in their best interest. The circuit court considered and weighed the report appropriately, and well within its considerable discretion, in establishing custody.</p>
<p>Although not in so many words, we sense from AST's arguments on appeal that she would prefer a rule that a transgender parent should not be awarded tiebreaking authority over a cisgender parent on matters of gender identity and expression. AST has not identified, and cannot identify, any individual or specific reason why BAK is unfit or less qualified to exercise tiebreaking authority on these issues than she is, nor has she challenged the tiebreaker in any other dimension. But although our courts no longer recognize the law/equity distinction of old, custody decisions are quintessentially equitable in nature and not an appropriate setting for <em>per se</em> rules—especially <em>per se</em> rules that could be grounded in stereotypes, prejudice, and the like. <em>Cf</em>. <em>Royall v. Dicks</em> (Md. App. 2026) (rejecting argument that false statements about sexual orientation are defamatory <em>per se</em>). We affirm the circuit court's decision to award joint custody with a conditional tiebreaker in favor of BAK.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/04/30/court-no-rule-that-a-transgender-parent-should-not-be-awarded-tiebreaking-authority-over-a-cisgender-parent-on-matters-of-gender-identity-and-expression/">Court: No Rule That &quot;a Transgender Parent Should Not Be Awarded Tiebreaking Authority over a Cisgender Parent on Matters of Gender Identity and Expression&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Veronique de Rugy</name>
							<uri>https://reason.com/people/veronique-de-rugy/</uri>
					</author>
					<title type="html"><![CDATA[
				The Marriage Gap Is America's Most Overlooked Source of Inequality			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/the-marriage-gap-is-americas-most-overlooked-source-of-inequality/" />
		<id>https://reason.com/?p=8380078</id>
		<updated>2026-04-30T17:19:48Z</updated>
		<published>2026-04-30T17:25:32Z</published>
			<category scheme="https://reason.com/latest/" term="Family" /><category scheme="https://reason.com/latest/" term="Marriage" /><category scheme="https://reason.com/latest/" term="Government" /><category scheme="https://reason.com/latest/" term="Inequality" /><category scheme="https://reason.com/latest/" term="Poverty" /><category scheme="https://reason.com/latest/" term="Tax credits" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Wealth" /><category scheme="https://reason.com/latest/" term="Welfare" /><category scheme="https://reason.com/latest/" term="Welfare Reform" />		<summary type="html"><![CDATA[Every dollar of well-intentioned government assistance comes with a behavioral price tag that we've largely refused to count.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/04/30/the-marriage-gap-is-americas-most-overlooked-source-of-inequality/">
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										alt="A married couple walk into the distance as cash falls underneath them | Illustration: Lex Villena; Midjourney"
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		<p>The most consequential inequality in America is not the wealth gap or the wage gap. It may not be the racial opportunity gap. The marriage gap is wreaking havoc. And unfortunately, it's the gap that gets the least attention.</p>
<p>I'm a libertarian. I don't care whom, or if, you marry. Yet I'm reminded that there is a problem by a new report from the American Enterprise Institute. Edited by Kevin Corinth and Scott Winship, "<a href="https://www.aei.org/research-products/report/land-of-opportunity-advancing-the-american-dream/">Land of Opportunity: Advancing the American Dream</a>" covers a broad range of challenges facing the country today, from the cost of living and workforce development to education, crime, and the erosion of community life.</p>
<p>The authors are not culture warriors. They are empirical economists. But among their most important findings are those dealing with the collapse of the American family and what the government has done to accelerate it.</p>
<p>From economist Robert VerBruggen's chapter on the erosion of married parenthood, I learned that in the mid-20th century, only one in 20 children were born out of wedlock. Now it's two in five. I also learned that America has the world's highest rate of children living in single-parent households: 23 percent in the U.S. against an international norm of 7 percent.</p>
<p>Drawing on the National Longitudinal Survey of Youth, VerBruggen shows that 40 percent of millennials from intact, two-parent families graduated from college and 77 percent achieved middle-class incomes or higher. Among those who didn't grow up in intact families, only 17 percent graduated from college and just 57 percent reached middle-class incomes. The latter are also roughly twice as likely to be incarcerated, even after controlling for other socioeconomic factors.</p>
<p>The damage doesn't stop at the front door: Research using tax-return data "suggests that neighborhoods with high rates of single parenthood cultivate lower social mobility, including among kids who themselves are not raised by single parents," VerBruggen notes.</p>
<p>This is a rather bipartisan idea at this point. In a 2013 review of the relevant research, Princeton University sociologist Sara McLanahan and coauthors <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC3904543/">found</a> that "studies using more rigorous designs continue to find negative effects of father absence on offspring well-being." Economist Melissa Kearney's work <a href="https://www.theatlantic.com/ideas/archive/2023/09/marriage-two-parent-households-socioeconomic-consequences/675333/">shows</a> that marriage protects against poverty among all races. In fact, married parents regardless of race and education suffer significantly less poverty than unmarried mothers.</p>
<p>This collapse in family stability is not happening evenly. Winship and O'Rourke found that while marital births dropped by 29 points overall from 1970 to 2018, they fell by 47 points for the bottom education quintile and by just 6 points for the top. Consistent with that divide, from the early 1960s to the late 2010s, marriage rates fell by roughly 46 percentage points for the least educated young women compared with about 17 points for the most educated, leaving those least able to bear the costs of single parenthood the most likely to experience it.</p>
<p>Marriage is clearly a singularly important institution for raising children and for income mobility. Still, I don't view government efforts to tilt the scale toward marriage favorably. I am also firmly opposed when the government puts its thumb on the scale against marriage.</p>
<p>Unfortunately, VerBruggen marshals evidence showing there is a lot of that going on. A couple with two kids, with each parent earning $30,000, receives around $5,000 in earned income tax credit benefits if they remain unmarried. They lose all those benefits if they marry. That's a tax on marriage.</p>
<p>Medicaid thresholds, housing vouchers, and Supplemental Nutrition Assistance Program (SNAP) benefits all phase out in ways that punish couples who combine households and incomes. VerBruggen cites a Federal Reserve Bank of Atlanta estimate showing that "7.5 percent more low-income women with kids would be married by age 35 if they were not penalized for doing so."</p>
<p>You cannot simultaneously believe that family structure doesn't matter and that the single-parent disadvantage is a crisis. Or that children's outcomes are shaped by economic conditions and that it's irrelevant whether two committed adults are in the picture or one parent cycles through unstable relationships. Careful researchers, including those attempting to debunk the marriage effect, keep finding it.</p>
<p>My conservative friends focus on redesigning America's $1 trillion safety net to reduce the marriage penalty. But the harder question—the one almost no one asks—is whether that safety net's existence changes the marriage calculus in ways no redesign can fully fix. If the government reliably tries to replace the economic function of a spouse, more people will rationally choose not to marry.</p>
<p>Acknowledging this doesn't require abandoning people in genuine need. Nor does it require overcorrecting and incentivizing women to live in abusive unions. It does, however, require admitting that every dollar of well-intentioned assistance comes with a behavioral price tag that we've largely refused to count.</p>
<p>Sometimes the most compassionate long-term answer is to remove the marriage penalty in welfare programs. Sometimes, it's to have a smaller program or no program at all. We will never know until we honestly ask the question.</p>
<p><strong>COPYRIGHT 2026 CREATORS.COM</strong></p>
<p>The post <a href="https://reason.com/2026/04/30/the-marriage-gap-is-americas-most-overlooked-source-of-inequality/">The Marriage Gap Is America&#039;s Most Overlooked Source of Inequality</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Lex Villena; Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[A married couple walk into the distance as cash falls underneath them]]></media:description>
		<media:title><![CDATA[Marriage-inequality]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Marriage-inequality-1200x675.jpg" width="1200" height="675" />
	</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[
				Even Laws That Haven't Passed Can Have Unintended Consequences			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/even-laws-that-havent-passed-can-have-unintended-consequences/" />
		<id>https://reason.com/?p=8380068</id>
		<updated>2026-04-30T17:07:23Z</updated>
		<published>2026-04-30T17:09:54Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Unintended Consequences" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="wealth tax" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Mere proposals can change the risk calculus for business and investors. Politicians, and the public, should be wary. ]]></summary>
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		<p><span style="font-weight: 400;">If you follow public policy debates, you are probably familiar with the concept of unintended consequences. Laws or regulations implemented with good intentions can, over time, have unexpected, unintended negative effects, sometimes undermining or fully negating the good intention behind the rule. </span></p>
<p><span style="font-weight: 400;">But even laws that have not actually passed can have unintended consequences. You can think of them as risk taxes, since they increase the costs of already-high-risk activities. </span></p>
<p><span style="font-weight: 400;">Case in point, the Senate's housing bill. The bill is intended to address the nation's housing crisis, making home ownership easier and cheaper for ordinary Americans by increasing housing supply. It's a worthy goal, given that regulations, lawsuits, and price controls have left America with a dramatic housing shortage that has put home ownership out of reach for many. The bill contains a multitude of provisions intended to reduce the time and expense of building homes. A version of it passed the Senate in March with overwhelming support. </span></p>
<p><span style="font-weight: 400;">The bill is not yet the law of the land, and it's possible it will change form. But even still, it's already causing developers to nix home-building projects. </span></p>
<p><span style="font-weight: 400;">That's a direct result of a provision in the bill that would require developers to sell newly built homes intended for renting within seven years. The idea is to ensure that large institutional investors don't own too much housing stock, giving ordinary home buyers a chance to own. But the practical effect of even the possibility of this provision is to cancel housing developments already in the works. </span></p>
<p><span style="font-weight: 400;">"Developers say that investors won't put money into new rentals that they can own for only a few years before having to sell them off," </span><i><span style="font-weight: 400;">The Wall Street Journal</span></i> <a href="https://www.wsj.com/real-estate/a-bill-aimed-at-creating-homes-is-leaving-plots-empty-instead-c2569d83?mod=e2tw"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;">. "Even though the bill isn't yet law, investors and lenders are scurrying away from simply the threat of this legislation." At least $3.4 billion in funding for these projects is already stalled, the </span><i><span style="font-weight: 400;">Journal</span></i><span style="font-weight: 400;"> reports, meaning that a bill intended to increase the supply of housing has, even before final passage, had the effect of blocking planned expansions. </span></p>
<p><span style="font-weight: 400;">Nor is this the only recent example of not-yet-passed policies having deleterious consequences. </span></p>
<p><span style="font-weight: 400;">California voters may be asked to vote on a ballot initiative imposing a one-time wealth tax. The union-backed proposal would retroactively tax billionaires on their net worth. Critics have warned that if the tax were to go into effect, some founders would be effectively forced out of their companies, since they would be required to sell shares in order to pay a tax bill on wealth that exists only on paper. </span></p>
<p><span style="font-weight: 400;">The tax is billed as a measure to boost public coffers in order to pay for welfare programs. But even the state's own office of legislative analysis has said that it is likely to lead to reduced tax revenue over time. And some of the state's wealthiest individuals have already left the state: </span><a href="https://x.com/mollycantillon/status/2032471605096657335?s=46"><span style="font-weight: 400;">One count identified a dozen billionaires</span></a><span style="font-weight: 400;">, representing $1.07 trillion in wealth, who have exited. Not all of them have explicitly tied their moves to the tax, but the effect of those moves will be to make the state's budget deficit worse. </span></p>
<p><span style="font-weight: 400;">Again, </span><i><span style="font-weight: 400;">this proposal has not even passed.</span></i><span style="font-weight: 400;"> The unions backing the law only </span><a href="https://www.nytimes.com/2026/04/26/us/california-billionaire-tax.html"><span style="font-weight: 400;">recently</span></a><span style="font-weight: 400;"> obtained enough signatures to put it on this year's ballot. But even the mere possibility of the tax is already changing behavior. </span></p>
<p><span style="font-weight: 400;">Something similar has happened in New York City, where Mayor Zohran Mamdani recently posted a video singling out billionaire Ken Griffin and his $238 million apartment. Mamdani's video was intended as an argument for a tax on second homes worth more than $5 million. </span></p>
<p><span style="font-weight: 400;">Griffin is the head of Citadel, a $67 billion hedge fund that is currently redeveloping a $6 billion office tower. But in response to Mamdani's personalized attack, which Griffin said </span><a href="https://nypost.com/2026/04/28/business/ken-griffin-to-meet-with-hochul-to-discuss-new-yorks-future-direction-after-mamdani-feud/"><span style="font-weight: 400;">demonstrated</span></a><span style="font-weight: 400;"> a "profound lack of judgment," Griffin has </span><a href="https://www.foxbusiness.com/politics/ken-griffin-slams-mamdani-singling-him-out-profound-lack-judgment-ripping-socialist-bent"><span style="font-weight: 400;">intimated</span></a><span style="font-weight: 400;"> that he might take Citadel's business elsewhere. Griffin's primary residence is already in Florida, which unlike New York has no state income tax. And he is reportedly set to meet with New York Gov. Kathy Hochul over the "future direction of New York." Citadel's exit would pull high-paying jobs and investment from a city that is already </span><a href="https://www.nbcnewyork.com/news/local/mamdani-state-help-new-york-city-multi-billion-budget-gap/6495407/"><span style="font-weight: 400;">facing a severe budget crisis.</span></a><span style="font-weight: 400;"> </span></p>
<p><span style="font-weight: 400;">Part of the problem with all of these proposals—build-to-rent restrictions, California's wealth tax, the </span><span style="font-weight: 400;"><em>pied-à-terre</em> tax</span><span style="font-weight: 400;">—is that they are simply unwise policies unsupported by evidence and driven by a combination of unsound thinking and political grandstanding. But beyond their fundamental foolishness, what connects them, and their unintended effects, is that they add political uncertainty to already risky endeavors. Building homes is costly and inherently speculative. So, for that matter, is living and doing business in New York and California. These risk task proposals change the risk calculus for investors and businesses even before they become law, making it more likely that socially beneficial but inherently speculative investments and economic behaviors won't pencil out. </span></p>
<p><span style="font-weight: 400;">Politicians—and the public—should be aware of these sorts of risk taxes and the costs they impose. Even laws and taxes that haven't gone into effect, and may never, can have unintended consequences. </span></p>
<p>The post <a href="https://reason.com/2026/04/30/even-laws-that-havent-passed-can-have-unintended-consequences/">Even Laws That Haven&#039;t Passed Can Have Unintended Consequences</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[bad-policy-unintended-consequences-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Europe Has Too Few Workers and Too Many Retirees. Cutting Immigration Will Make the Math Worse.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/europe-has-too-few-workers-and-too-many-retirees-cutting-immigration-will-make-the-math-worse/" />
		<id>https://reason.com/?p=8379607</id>
		<updated>2026-04-29T20:17:21Z</updated>
		<published>2026-04-30T16:00:32Z</published>
			<category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Fertility" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Pension Crisis" /><category scheme="https://reason.com/latest/" term="Pensions" /><category scheme="https://reason.com/latest/" term="Retirement Benefits" /><category scheme="https://reason.com/latest/" term="Europe" /><category scheme="https://reason.com/latest/" term="France" /><category scheme="https://reason.com/latest/" term="Retirement" />		<summary type="html"><![CDATA[Europe’s resistance to immigration is a path to budgetary disaster.]]></summary>
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		<p><span style="font-weight: 400">French pensioners have it pretty good. The minimum age at which a French worker can obtain their state pension is 62, with many retiring as early as 60. French retirees receive some of the most generous pension payments in all of Europe, now averaging around 1,500 euros a month (about $1,750). The result is that French seniors</span> <a href="https://www.ft.com/content/d419bd2d-a6ba-44a5-a93a-1276f3e5d2d7?syn-25a6b1a6=1"><span style="font-weight: 400">have</span></a><span style="font-weight: 400"> higher average incomes than working-age people.</span></p>
<p><span style="font-weight: 400">There's just one problem: This is completely unsustainable. The combination of generous pensions and an aging population means France is sitting on a budgetary time bomb, and the public has repeatedly rejected any attempt to defuse it.</span></p>
<p><span style="font-weight: 400">In 2023, President Emmanuel Macron pushed ahead with plans to increase the state pension age by a mere two years, to 64. This would still be enormously generous by international standards. Yet mass protests and strikes </span><a href="https://youtu.be/onDJkKub3bs?si=y20JXNDpwfVtNMh9"><span style="font-weight: 400">followed</span></a><span style="font-weight: 400">. Protesters in Paris set fire to bins and tires, hurling rocks at police, who responded with tear gas and water cannons. After rioters briefly blocked the train tracks at Gare de Lyon station, Clément Saild, a passenger, told </span><a href="https://www.npr.org/2023/03/28/1166436439/france-protest-strike-pension-retirement"><span style="font-weight: 400">NPR</span></a><span style="font-weight: 400">, "Everybody is getting madder."</span></p>
<p><iframe loading="lazy" title="Paris police fire tear gas as May Day pension protests turn violent" width="500" height="281" src="https://www.youtube.com/embed/onDJkKub3bs?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><span style="font-weight: 400">Macron's proposal resulted not only in mass protests but in multiple no-confidence votes in Parliament. Former French Prime Minister Michel Barnier's austerity proposals, including a six-month delay to pension increases, resulted in the collapse of his government in 2024, the first of two governments to fall within a year. In 2025, proposals to cut budgets resulted in the resignation of Macron's sixth prime minister, François Bayrou. Later that year, the government suspended the age increase until after the 2027 presidential election.</span></p>
<p><span style="font-weight: 400">Political turmoil has dashed hopes of making even a small dent in reducing the country's large and persistent budget deficit, which in 2024 hit <a href="https://economy-finance.ec.europa.eu/economic-surveillance-eu-member-states/country-pages/france/economic-forecast-france_en">5.8 percent of gross domestic product (GDP)</a>. That's the country's largest deficit since World War II (apart from 2020) and it's well above the eurozone's 3 percent </span><a href="https://www.consilium.europa.eu/en/policies/excessive-deficit-procedure/"><span style="font-weight: 400">limit</span></a><span style="font-weight: 400">. Weary of this risk, investors have increased French borrowing costs to some of the highest levels in the entire eurozone, adding costs to the system. </span></p>
<p><span style="font-weight: 400">The core problem is the unfunded pension system. Today's French pensioners came of age in an era when there were fewer old people, and life expectancies were shorter. The country's seniors have paid far less into the system than they now receive, creating a massive budget gap. "The deficit of the pension system is really worrying," says Pierre Garello, professor of economics at Aix-Marseille University. "It's probably worse than is stated now."</span></p>
<p><span style="font-weight: 400">The rest of Europe may not be violently rioting, but this same pattern is occurring across the continent. A combination of aging populations, collapsing birth rates, and shrinking labor markets has produced an economic crisis so serious that it threatens the viability of the economic system.</span></p>
<p><span style="font-weight: 400">With fertility falling, there's only one way to meet the economy's demographic needs: immigration. Yet the European public is increasingly hostile to young workers from abroad, and politicians are acceding to their demands. This, in turn, is making the underlying problem worse.</span></p>
<p><span style="font-weight: 400">"Reducing immigration while you face an old-age demographic challenge is like pouring salt into a wound," says Alex Nowrasteh, senior vice president for policy at the Cato Institute. With fewer and fewer workers paying more and more in taxes to fund increasingly expensive public benefits, Europe is in a fiscal doom loop—and it's not clear how it will find a way out.</span></p>
<h1><b>Demographic Balance </b></h1>
<p><span style="font-weight: 400">Europe's fiscal problems are rooted in the interaction between fertility rates and welfare spending. Fundamentally, it's about how many people there are, how much they contribute to the economy, and how much they draw from the state.</span></p>
<p><span style="font-weight: 400">All across Europe, fertility rates have fallen well below what's called the replacement rate—the number needed to maintain the population—of around 2.1 children per woman. Roughly half as many children were born in the E.U. in 2024 as six decades ago, according to data from the </span><a href="https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Fertility_statistics"><span style="font-weight: 400">European Union</span></a><span style="font-weight: 400">: 6.8 million in 1964, down to 3.55 million in 2024. The E.U.'s total </span><a href="https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Fertility_statistics"><span style="font-weight: 400">fertility</span></a><span style="font-weight: 400"> rate is now about 1.34 children per woman.</span></p>
<p><span style="font-weight: 400">At the same time, life expectancy has </span><a href="https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Mortality_and_life_expectancy_statistics"><span style="font-weight: 400">increased</span></a><span style="font-weight: 400"> from 77.6 years in 2002 to 81.4 years in 2023. Since the 1960s, life expectancy has, on average, risen by more than two years per decade, shifting the balance of old and young. In 2004, </span><a href="https://ec.europa.eu/eurostat/web/products-eurostat-news/w/ddn-20251001-2"><span style="font-weight: 400">there were</span></a><span style="font-weight: 400"> just under four working-age adults for every one person over 65. Twenty years later, there were fewer than three working-age adults per elderly person.</span></p>
<p><span style="font-weight: 400">This is a continent-wide problem. In Spain, deaths have <a href="https://www.realinstitutoelcano.org/en/commentaries/spains-complex-demographic-reality/">outstripped</a> births every year in the last decade. In the U.K., the number of people over the age of 65 will exceed the number of people under the age of 18 for the first time in the country's history. By 2072, there are </span><a href="https://cps.org.uk/wp-content/uploads/2023/11/CPS_JUSTICE_FOR_THE_YOUNG-2.pdf">projected</a> to be just 1.9 potential workers for each pensioner in Britain, down from 4.5 in 1972. Italy <a href="https://www.reuters.com/world/europe/italys-demographic-crisis-worsens-births-hit-record-low-2025-03-31/">registered</a> 281,000 more deaths than births in 2024, and the population shrank by 37,000. <span style="font-weight: 400">Since 2014, the Italian population has fallen by almost 1.9 million, more than the entire population of its second-largest city, Milan.</span></p>
<p><span style="font-weight: 400">This means that a shrinking base of workers must prop up a growing population of retirees.</span></p>
<p><span style="font-weight: 400">In the U.K., the state pension as a share of the economy is now 35 percent higher than it was 50 years ago, according to the Office for Budget Responsibility's </span><a href="https://obr.uk/docs/dlm_uploads/Fiscal-risks-and-sustainability-report-July-2025.pdf"><span style="font-weight: 400">Fiscal Risks and Sustainability report</span></a><span style="font-weight: 400">, and is set to be 50 percent higher than it is today by the 2070s. "This projected rise in spending on the state pension is the second-largest increase in noninterest spending after health," said the report. "If current policy settings were to be maintained over the long run, debt would be on an unsustainable path."</span></p>
<p><span style="font-weight: 400">"Fertility rates impact everything," says Clara Piano, an economics professor at the University of Mississippi. "People assumed that fertility would just naturally be high."</span></p>
<h1><b>Skewed Incentives</b></h1>
<p><span style="font-weight: 400">These demographic shifts give the elderly more power—and make pension reform politically challenging.</span></p>
<p>Electoral incentives are skewed in their favor, partly because there are more of them, and partly because they are more politically engaged. In the 2024 U.K. general election, the <a href="https://www.thetimes.com/uk/politics/article/tories-general-election-older-voters-grey-vote-rzh7wvdbs">majority</a> of voters in the majority of constituencies were over the age of 55 for the first time in Britain. In the 2022 <a href="https://ourworldindata.org/data-insights/young-people-are-less-likely-to-vote-than-older-people-often-considerably-so">French elections</a>, 76 percent of people aged 50–59 voted, 16 percentage points higher than those aged 18–24.</p>
<p><span style="font-weight: 400">"We have a really unequal distribution of voters," says Piano. "And politicians know this, and so they're going to be catering to the preferences of older populations more than they will to those who are under 18."</span></p>
<p><span style="font-weight: 400">Across the euro area, age-related spending already amounts to roughly a quarter of GDP, with pensions alone accounting for around 11 percent. In France, where pension spending exceeds 13 percent of GDP, rising deficits have pushed public debt above 110 percent of GDP. "When you think about it that way," says Piano, "it's not surprising that you end up with a state that redistributes a lot of wealth from young, working-age people to the elderly."</span></p>
<p>The result is a dangerous feedback loop. Higher debt leads to higher interest payments, which in turn require more borrowing. In the U.K., the government <a href="https://commonslibrary.parliament.uk/research-briefings/sn06167/">spends</a> 8.2 percent of total expenditures on debt interest alone—more than spending on defense (2.9 percent) or education (6.9 percent). If policies don't change, Britain's aging society will push borrowing to above 20 percent and debt above 270 percent of GDP by the early 2070s, according to the U.K. <a href="https://obr.uk/frs/fiscal-risks-and-sustainability-july-2025/">Office for Budget Responsibility.</a></p>
<p><span style="font-weight: 400">In a speech at the House of the Euro in Brussels, Alfred Kammer, the director of the International Monetary Fund's European Department, laid out the </span><a href="https://www.imf.org/en/news/articles/2025/11/04/sp110425-ak-how-can-europe-pay-for-things-it-cannot-afford"><span style="font-weight: 400">consequences</span></a><span style="font-weight: 400">. "Our simulations show that under current policies, public debt would be on a steeply increasing path over the next 15 years, with average debt ratios across European countries reaching 130 percent by 2040."</span></p>
<p><span style="font-weight: 400">Without radical reform, European governments will continue to be trapped in a cycle of shrinking labor markets, rising welfare costs, and mounting public debt. As Kammer </span><a href="https://www.imf.org/en/news/articles/2025/11/04/sp110425-ak-how-can-europe-pay-for-things-it-cannot-afford"><span style="font-weight: 400">said</span></a><span style="font-weight: 400">, "Doing nothing is not an option!"</span></p>
<p><span style="font-weight: 400">Europe desperately needs more working-age people. If they aren't having more European babies who grow into taxpaying workers, there's only one other place to get them: immigration. </span></p>
<h1><b>A Solution Europe Doesn't Want</b></h1>
<p><span style="font-weight: 400">Across Europe, there's significant support for immigration restrictions. According to a </span><a href="https://yougov.com/en-gb/articles/53744-what-do-europeans-think-about-immigration"><span style="font-weight: 400">YouGov</span></a><span style="font-weight: 400"> survey conducted in France, Germany, Italy, Spain, Denmark, Poland, and the U.K., support for reducing immigration and removing large numbers of migrants is high.</span></p>
<p><span style="font-weight: 400">Approximately half of respondents in each country surveyed (45 percent to 53 percent) support a scenario where no new migrants are permitted, and large numbers of recent migrants are required to leave. From Italian Prime Minister Giorgia Meloni to longtime Hungarian leader Viktor Orbán, political leaders who promise to deliver on immigration restrictionism are usually popular. Nigel Farage's Reform U.K. party is consistently top of the polls in Britain, as is Marine Le Pen's National Rally in France.</span></p>
<p><span style="font-weight: 400">It's not hard to understand the resistance to immigration. Unlike in the United States—where immigrants, both legal and illegal, have </span><a href="https://www.cato.org/white-paper/immigrants-recent-effects-government-budgets-1994-2023"><span style="font-weight: 400">paid more</span></a><span style="font-weight: 400"> in taxes than they received in benefits from federal, state, and local governments every year since data on this begins in 1994—Europe has designed its welfare state to make immigration costly to the public.</span></p>
<p><span style="font-weight: 400">Europe's overregulated labor markets, generous welfare states, and high taxes create unfavorable conditions for immigrants, leaving many reliant on government welfare. In the United Kingdom, <a href="https://www.telegraph.co.uk/news/2025/07/15/more-than-1m-foreigners-claim-universal-credit-every-month/">more than 1 million</a> foreign nationals claim Universal Credit, a monthly welfare payment for low-income households. Once an immigrant obtains Indefinite Leave to Remain—effectively a form of legal permanent resident status—they are entitled to welfare, social housing, and free health care. Every year, thousands of migrants leave France to cross the English Channel; the annual cost to taxpayers to keep asylum seekers in hotels and look after them is </span><a href="https://www.independent.co.uk/news/uk/home-news/migrant-asylum-seeker-home-office-housing-hotel-b2634213.html?utm_source=chatgpt.com"><span style="font-weight: 400">estimated</span></a><span style="font-weight: 400"> to be around 4.7 billion pounds (about $6.33 billion).</span></p>
<p><span style="font-weight: 400">Yet the fiscal case for immigration is far stronger than its critics suggest.</span><span style="font-weight: 400"> On average, migrants contributed approximately 1,500 euros (about $1,750) more per capita each year than natives, according to a <a href="https://link.springer.com/article/10.1007/s10797-023-09787-9">paper</a> reviewing data from 2014–2018 published in <em>International Tax and Public Finance</em>. The primary factor determining whether a person is a net contributor is their age. Migrants tend to be younger, and therefore expand the tax base and delay the fiscal impact of demographic decline. With demographic changes mounting pressure on public finances, and little political incentive to reform these systems, restricting immigration is a terrible idea.</span></p>
<p><span style="font-weight: 400">"We absolutely need reforms to welfare benefits and tax policy in Europe," says Nowrasteh. "However, expanding legal immigration can help reduce the severity of those cuts and changes while also providing additional inducement to economic growth."</span></p>
<p><span style="font-weight: 400">In practice, because European countries have signed binding international frameworks, such as the European Convention on Human Rights (ECHR) and the 1951 Refugee Convention, restricting asylum seekers is far harder, and limiting legal migration is far easier. European governments cannot easily turn away asylum claims without breaching international commitments, but they can cut visas and legal work routes at will. </span></p>
<h1><b>The Inevitable Reckoning</b></h1>
<p><span style="font-weight: 400">Europe has many problems. The continent faces some of the highest energy costs in the world, an enormous regulatory burden, high taxes, and consequently, sluggish growth. There are fewer workers, more pensioners, and a political system increasingly shaped by those who benefit the most from the status quo. European governments have responded to the impending fiscal crisis by passing on the burden to future generations of taxpayers.</span></p>
<p><span style="font-weight: 400">But reality cannot be deferred forever. You cannot sustain a growing welfare state when there are ever fewer people left to pay for it. You cannot grow an economy while shrinking its workforce. And you cannot solve a demographic crisis by turning away the very people who can help alleviate it.</span></p>
<p><span style="font-weight: 400">Serious reform of benefits systems will be necessary to resolve long-term fiscal problems. But Europe desperately needs more working-age people. In a continent where about three-quarters of immigrants are of working age, they represent an immediate way to expand the tax base and slow the pace of fiscal doom.</span></p>
<p><span style="font-weight: 400">France's destructive protests are a warning. The prospect of a vibrant and prosperous European future is colliding with the realities of an older, shrinking, and poorer one. Shutting the door to immigrants, and kicking out those who already reside in Europe, will only exacerbate the continent's fiscal crisis. </span></p>
<p>The post <a href="https://reason.com/2026/04/30/europe-has-too-few-workers-and-too-many-retirees-cutting-immigration-will-make-the-math-worse/">Europe Has Too Few Workers and Too Many Retirees. Cutting Immigration Will Make the Math Worse.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Midjourney/Alexander Makarov.Dreamstime]]></media:credit>
		<media:title><![CDATA[Europes-Fiscal-Doom-Loopv-1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Europes-Fiscal-Doom-Loopv-1-1200x675.jpg" width="1200" height="675" />
	</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[
				CRISPR Genome Editing and the Future of Down Syndrome Treatment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/crispr-genome-editing-and-the-future-of-down-syndrome-treatment/" />
		<id>https://reason.com/?p=8377914</id>
		<updated>2026-04-30T15:28:36Z</updated>
		<published>2026-04-30T15:30:23Z</published>
			<category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Bioethics" /><category scheme="https://reason.com/latest/" term="CRISPR" /><category scheme="https://reason.com/latest/" term="Disabilities" /><category scheme="https://reason.com/latest/" term="Ethics" /><category scheme="https://reason.com/latest/" term="Eugenics" /><category scheme="https://reason.com/latest/" term="Gene Editing" /><category scheme="https://reason.com/latest/" term="Guardianship" /><category scheme="https://reason.com/latest/" term="Intelligence" />		<summary type="html"><![CDATA[The ethics of using safe gene therapies to improve the health and cognition of Down syndrome children and adults.]]></summary>
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		<p>Deaf children <a href="https://investor.regeneron.com/news-releases/news-release-details/otarmenitm-lunsotogene-parvec-cwha-approved-fda-first-and-only">can now hear</a> thanks to a new treatment that repairs a defective gene. Researchers associated with the biotech company Regeneron Pharmaceuticals unveiled the successful gene therapy last week. One patient, who was treated at 18 months old, Travis Smith, can <a href="https://www.fiercepharma.com/pharma/regeneron-ushers-new-genetic-medicine-era-groundbreaking-gene-therapy-approval">now hear</a>. Overall, 80 percent of participants (aged 10 months to 16), saw significant improvement in hearing, and 42 percent achieved normal hearing, including the ability to hear whispers. The Food and Drug Administration (FDA) has already <a href="https://www.fda.gov/news-events/press-announcements/fda-approves-first-ever-gene-therapy-treatment-genetic-hearing-loss-under-national-priority-voucher">approved</a> the treatment.</p>
<p>Medical research on ameliorating physical and intellectual maladies continues apace. For example, researchers at Harvard Medical School <a href="https://www.pnas.org/doi/abs/10.1073/pnas.2517953123">reported</a> earlier this month that they have made progress in silencing the extra chromosome that causes Down syndrome using the genome editing technique CRISPR.</p>
<p><a href="https://www.mayoclinic.org/diseases-conditions/down-syndrome/symptoms-causes/syc-20355977">Down syndrome</a> is a genetic condition in which a person has an extra copy of chromosome 21. While its severity varies, people with the condition experience lifelong intellectual disability and developmental delays, along with heart and digestive system problems and a significantly higher risk of <a href="https://www.nia.nih.gov/health/alzheimers-causes-and-risk-factors/alzheimers-disease-people-down-syndrome">Alzheimer's disease</a>.</p>
<p>CRISPR techniques have recently been successfully applied to treating other genetic conditions, including <a href="https://hms.harvard.edu/news/creating-worlds-first-crispr-medicine-sickle-cell-disease">sickle cell anemia</a> and a rare inborn <a href="https://www.nih.gov/news-events/news-releases/infant-rare-incurable-disease-first-successfully-receive-personalized-gene-therapy-treatment">error of metabolism of the urea cycle</a>, which causes life-threatening accumulation of ammonia in the bloodstream.</p>
<p>Keeping in mind that the new Harvard study is a very preliminary cell-based experiment, the researchers believe <a href="https://medicalxpress.com/news/2026-04-crispr-bold-silencing-syndrome-extra.html#google_vignette">their work</a> "paves a road for therapeutic treatment for DS [Down syndrome]." It's likely to be a long road, but the development of a way to successfully correct this genetic error raises some interesting ethical issues.</p>
<p>Currently, about <a href="https://www.healthline.com/health-news/the-debate-over-terminating-down-syndrome-pregnancies">67 percen</a>t of women in the United States who receive a positive prenatal test for Down syndrome choose to terminate the pregnancy. These decisions might have been changed if the extra chromosome could be safely silenced in fetuses before birth.</p>
<p>But what about offering the CRISPR treatment to children and adults with Down syndrome?</p>
<p>University of Warwick bioethicist Felicity Boardman has <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC7062953/">suggested</a> that the development of genetic treatments for various conditions, such as deafness, dwarfism, and blindness, would "convey and perpetuate negative views about the particular disabling conditions they are targeted towards, and, by extension, people who currently live with those conditions." The fact of disability does not diminish the inherent moral worth of any individual. And thanks in large part to their activism, <a href="https://www.ada.gov">many barriers</a> that once prevented disabled folks from more fully participating in society have been lowered and ameliorated.</p>
<p>As the success of the Regeneron treatment for deafness, however, shows, many people with specific disabilities (and their guardians) already seek out corrective treatments when they become available. For example, some <a href="https://www.acialliance.org/page/CochlearImplant">315,000 deaf Americans</a> have chosen to use cochlear implants to enable them to hear. Genetic treatments for <a href="https://news.ufl.edu/2024/09/blindness-gene-therapy/">blindness</a> are also being developed. Adult deaf and blind people can give their informed consent to the corrective measures. Of course, in the case of the deaf infants and minor children treated using the Regeneron gene therapy, their parents did.</p>
<p>Already treatments are recommended to mend infirmities that often accompany Down syndrome, such as <a href="https://www.acc.org/latest-in-cardiology/ten-points-to-remember/2023/02/16/16/58/cardiovascular-complications-of-ds">surgery to repair</a> heart defects. Silencing the extra chromosome in children and adults to treat heart and digestive maladies, or even Alzheimer's disease risks associated with Down syndrome, does not seem especially problematic ethically.</p>
<p>But who can ethically make decisions that affect intellectual disabilities? After all, the effects of safely delivering effective chromosome silencing to the brains of a child or an adult with Down syndrome would be even more profound than restoring hearing or sight. People with Down syndrome, whose extra chromosome was silenced in their brain cells, might undergo a change in cognition, something like what Charlie Gordon experiences in the sci-fi story <a href="https://en.wikipedia.org/wiki/Flowers_for_Algernon"><em>Flowers for Algernon</em></a>, but in this case, the change would be permanent.</p>
<p>There are now reams of <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC8942061/">studies</a> and <span style="color: #1a1a1a;"><span style="caret-color: #1a1a1a;"><u>reports</u></span></span> on how researchers and clinicians should go about <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC9762205/">obtaining informed consent</a> from people with intellectual disabilities. Most often, the ultimate decision to treat or not rests with the parent or legal guardian of the patient. Various surveys <a href="https://journals.sagepub.com/doi/full/10.1089/crispr.2019.0021">find</a> that some parents of children with Down syndrome would be interested in genetic interventions that <a href="https://journals.sagepub.com/doi/full/10.1089/crispr.2019.0021">improve</a> their child's cognitive ability. In <em>Flowers for Algernon</em>, Gordon's estranged sister <a href="https://hrcak.srce.hr/file/383274">provided the consent</a> for the experimental treatment that (albeit temporarily) boosts his IQ from 68 to over 185.</p>
<p>Since Down syndrome is implicated in their very identity, successfully treated folks would in some very real sense no longer be the persons that they were. Perhaps one fruitful way to think about the ethical implications of using chromosome silencing is to ask yourself if you would accept a safe treatment that would significantly boost your IQ or improve your memory? (I, for one, would happily accept a cure for my <a href="https://www.sciencedirect.com/science/article/pii/S0028393226001107">aphantasia</a>.)</p>
<p>In <em>Flowers for Algernon, </em>Gordon writes in his initial entry of his progress report diary, "I hope they use me. Miss Kinnian says maybe they can make me smart. I want to be smart." Becoming smarter did not ultimately make Gordon happier; he did not have time to adjust to his changed mental and emotional states. Assuming chromosome silencing improves cognition, treated Down syndrome folks, unlike Gordon, would have that time. And research suggests that higher intelligence <a href="https://pubmed.ncbi.nlm.nih.gov/22998852/">correlates</a> with greater happiness.</p>
<p>"Should we be using CRISPR for diseases or syndromes that are compatible with life, like Down syndrome?" <a href="https://news.harvard.edu/gazette/story/2025/04/weighing-cure-for-sick-kids-against-troubling-ethical-questions/">asked</a> Harvard physician Neal Baer at a symposium last year. "Who is going to make those decisions?" The ethical answer is yes, and we should trust parents— and no one else—to make those decisions.</p>
<p>The post <a href="https://reason.com/2026/04/30/crispr-genome-editing-and-the-future-of-down-syndrome-treatment/">CRISPR Genome Editing and the Future of Down Syndrome Treatment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat / Boghog]]></media:credit>
		<media:description type="html"><![CDATA[CRISPR genome editing]]></media:description>
		<media:title><![CDATA[CRISPR-Trisonomy-21-4-16]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				How High			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/04/30/how-high/" />
		<id>https://reason.com/?p=8380038</id>
		<updated>2026-04-30T13:27:21Z</updated>
		<published>2026-04-30T13:30:04Z</published>
			<category scheme="https://reason.com/latest/" term="Domestic spying" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Oil" /><category scheme="https://reason.com/latest/" term="Oil prices" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="FISA" /><category scheme="https://reason.com/latest/" term="Gasoline" /><category scheme="https://reason.com/latest/" term="Iran" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="Reason Roundup" />		<summary type="html"><![CDATA[Plus: FISA reauthorization passes the House, a very capitalist museum, escalation in the redistricting wars, and more... ]]></summary>
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		<p><strong>High prices. </strong>Oil prices briefly hit a wartime high of over $120 a barrel, before falling slightly, <a href="https://www.nytimes.com/2026/04/30/business/oil-gas-price-iran.html">reports</a> <em>The New York Times</em>. The paper attributes the spike to President Donald Trump's comments yesterday that the U.S. would continue its blockade of Iranian ports until the country completely abandoned its nuclear program.</p> <p>Higher global oil prices are being felt by everyday gas buyers.</p>  <p>Patrick De Haan, head of petroleum analysis for the gas price tracker GasBuddy, said on X that prices in some states are returning to levels not seen since summer 2022, when energy disruptions caused by the Ukraine-Russia war and high inflation sent prices to all-time highs.</p> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">Gas prices in Michigan, Indiana, Ohio, Illinois and Wisconsin are now at their highest levels since summer 2022, and are approaching new all-time records</p> <p>&mdash; Patrick De Haan (@GasBuddyGuy) <a href="https://twitter.com/GasBuddyGuy/status/2049820918537437324?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote> <p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p> <p>Average national gas prices sit at $4.30 per gallon, <a href="https://gasprices.aaa.com/">according</a> to AAA. The all-time average national average was $5.01 per gallon in the summer of 2022; that amounts to a 30-cent increase in the past week. Gas prices were <a href="https://www.nbcnews.com/business/energy/gas-prices-new-high-iran-war-rcna342578">below</a> $3 per gallon before the war started.</p> <p>Despite high energy costs, <a href="https://www.bloomberg.com/news/articles/2026-04-30/us-jobless-claims-plunge-to-189-000-lowest-since-1969?srnd=homepage-americas">other measures</a> of the economy appear strong. The jobless rate is at its lowest level since 1969, says <em>Bloomberg</em>.</p> <p>Even so, if there's one thing one can say for sure about American politics, it is that the average person does not like to pay higher gas prices in the service of any cause, whether we're fighting climate change or the Islamic Republic.</p> <p>Should the war continue to push up energy prices, one can expect it to get less and less popular. Consumer dissatisfaction is still probably our best hope for peace. That's certainly a more powerful political force these days than Congress.</p> <p><strong>FISA reauthorization passes. </strong>After much intra-partisan drama yesterday, the Republican-controlled House has passed a three-year extension of the controversial Section 702 program of the Foreign Intelligence Surveillance Act (FISA), which is set to expire today.</p> <p>Some 22 Republicans ended up opposing reauthorization of the spying program. These defectors were outweighed by the 42 Democrats who voted with the vast majority of Republicans to renew FISA. The reauthorization <a href="https://www.npr.org/2026/04/29/g-s1-119094/congress-fisa-702">passed</a> with a 235<b>–</b>191 vote.</p> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">42 Democrats just joined 192 Republicans to reauthorize FISA Section 702 – a warrantless surveillance law that&#39;s been used to access Americans&#39; data.</p> <p>Democratic leadership did not whip their members, enabling them to vote with Republicans and give Trump the surveillance powers. <a href="https://t.co/dHS4hKtGrh">pic.twitter.com/dHS4hKtGrh</a></p> <p>&mdash; Prem Thakker (@prem_thakker) <a href="https://twitter.com/prem_thakker/status/2049609922736783437?ref_src=twsrc%5Etfw">April 29, 2026</a></p></blockquote> <p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p> <p>The Section 702 program <a href="https://reason.com/2026/04/15/house-readies-spy-powers-vote/">allows</a> the federal government to surveil the communications of foreigners located outside the United States without first getting a warrant. Critics charge that it gives the intelligence community a backdoor to typical Fourth Amendment privacy protections, because the feds can use FISA to snoop on those foreigners' communications with Americans as well.</p> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">The House passed FISA Section 702 renewal yesterday. I voted NO.</p> <p>This was a Uni-Party vote in favor of unchecked government surveillance without adequate warrants or accountability. <a href="https://t.co/kjFRIZpAXk">pic.twitter.com/kjFRIZpAXk</a></p> <p>&mdash; Thomas Massie (@RepThomasMassie) <a href="https://twitter.com/RepThomasMassie/status/2049794823859630164?ref_src=twsrc%5Etfw">April 30, 2026</a></p></blockquote> <p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p> <p>Most Democrats and a minority of privacy-minded Republicans wanted to add warrant requirements to the law. The bill, without those warrant protections, goes to the Senate, which now has one day to pass the bill, or some other stopgap measure, before the program expires.</p> <hr /> <p><em><strong>Scenes from Washington, D.C.: </strong></em>Together with some family visiting from out of town, I went to the <a href="https://omansion.com/">Mansion on O Street</a> in D.C.'s Dupont Circle neighborhood. Technically a museum, it's really more of a labyrinthine memorabilia shop. A series of rooms connected by "secret doors" display everything from old T.V. guides to guitars signed by Crosby, Stills, and Nash. As an added capitalist twist, everything you see is for sale.</p> <figure class="alignnone wp-image-8380039"><img decoding="async" class="alignnone wp-image-8380039" src="https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-300x300.jpeg" alt="T.V. guides" width="400" height="400" data-credit="Christian Britschgi" srcset="https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-300x300.jpeg 300w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-1024x1024.jpeg 1024w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-150x150.jpeg 150w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-768x768.jpeg 768w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-1536x1536.jpeg 1536w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-400x400.jpeg 400w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-800x800.jpeg 800w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-675x675.jpeg 675w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784-600x600.jpeg 600w, https://reason.com/wp-content/uploads/2026/04/IMG_4298-scaled-e1777548923784.jpeg 1920w" sizes="(max-width: 400px) 100vw, 400px" /><figcaption>Christian Britschgi</figcaption></figure> <hr /> <h1>QUICK HITS</h1> <ul> <li>The redistricting wars <a href="https://reason.com/2026/04/30/scotus-narrows-the-reach-of-the-voting-rights-act/">continue</a> following the U.S. Supreme Court's ruling in a landmark Voting Rights Act case. After the high court struck down racial gerrymandering, <a href="https://www.washingtonpost.com/politics/2026/04/29/louisiana-house-primaries-suspend-jeff-landry/">Louisiana</a> and <a href="https://www.al.com/politics/2026/04/alabama-republicans-push-for-new-congressional-map-after-seismic-supreme-court-ruling-its-time-to-act.html">Alabama</a>, two states with purposeful majority-minority districts, are moving to redraw their congressional maps.</li> <li>Bad news for Venezuelan rock fans.</li> </ul> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">Los Mesoneros, a rock band from Venezuela, announces cancellation of U.S. dates, including next week in Miami Beach, due to unresolved immigration issues <a href="https://t.co/IzHpgQMpGM">pic.twitter.com/IzHpgQMpGM</a></p> <p>&mdash; David Smiley (@NewsbySmiley) <a href="https://twitter.com/NewsbySmiley/status/2049627993002107242?ref_src=twsrc%5Etfw">April 29, 2026</a></p></blockquote> <p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p> <ul> <li>The Trump administration is <a href="https://www.politico.com/news/2026/04/29/doj-nj-immigration-enforcement-mask-ban-00899342">suing</a> New Jersey over its law banning most law enforcement, including federal law enforcement, from wearing masks. If rulings out of the 9th Circuit are <a href="https://reason.com/2026/04/24/shoot-and-kill/">any guide</a>, the Garden State's mask ban is doomed.</li> <li>Polo officials <a href="https://reason.com/2026/04/30/dont-hold-your-genetically-enhanced-horses/">ban</a> genetically modified ponies. What's next, a license to make toast in your own damn toaster?</li> <li>We've <a href="https://www.washingtonpost.com/health/2026/04/30/adhd-subtype-extreme-brain-scans/">created</a> a new subtype of ADHD.</li> </ul><p>The post <a href="https://reason.com/2026/04/30/how-high/">How High</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Weston Hancock / SIPA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[California gas prices]]></media:description>
		<media:title><![CDATA[sipaphotostwentysix592717]]></media:title>
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		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
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					<title type="html"><![CDATA[
				Justice John Marshall Harlan and Birth Tourism			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/04/30/justice-john-marshall-harlan-and-birth-tourism/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8380043</id>
		<updated>2026-04-30T13:18:57Z</updated>
		<published>2026-04-30T13:17:54Z</published>
					<summary type="html"><![CDATA[Justice Harlan provides a middle ground for the Supreme Court on the question of birthright citizenship.]]></summary>
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			<![CDATA[<p>One of the more unexpected aspects of the Birthright Citizenship case was the<a href="https://reason.com/volokh/2026/04/09/justice-john-marshall-harlans-lecture-notes-on-wong-kim-ark/"> return of Justice John Marshall Harlan</a>. But I think a more careful study of Harlan's lectures suggests that at least part of Trump's order may survive: specifically, the status of children whose mother is in the United States on a tourist or other limited visa. I discuss this question in a new <em>Civitas Outlook</em> <a href="https://www.civitasoutlook.com/research/justice-harlan-and-president-trump-are-right-about-birth-tourism-f649cbcd-be3b-4ac9-a032-b8808616c459">essay</a>. Here is the introduction:</p>
<blockquote><p><span style="font-weight: 400">The conventional wisdom is that the Supreme Court will strike down President Trump's entire birthright citizenship order. In 2018, I </span><span style="font-weight: 400">wrote</span><span style="font-weight: 400"> that children of illegal aliens are citizens at birth. I'll admit that </span><a href="https://www.wsj.com/opinion/trump-is-right-on-birthright-citizenship-954ae377"><span style="font-weight: 400">recent scholarship</span></a><span style="font-weight: 400"> has made this question much closer than I had realized, but on balance, Trump's order should not stand for the children of illegal aliens who are domiciled in the United States. The analysis, however, differs for the second part of Trump's order, which applies to children of mothers on tourist or other temporary visas. And for authority, the Supreme Court can rely on an unexpected source who came up at oral argument: Justice John Marshall Harlan.</span></p>
<p><span style="font-weight: 400">In a 1898 constitutional law lecture, which I </span><a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1403917"><span style="font-weight: 400">analyzed more than a decade ago</span></a><span style="font-weight: 400">, Justice Harlan told his students that the children of tourists, "who cannot under the law become naturalized in the United States," would not be birthright citizens. During oral argument at the Supreme Court, Justice Neil Gorsuch and counsel for the ACLU dismissed Harlan's views because he dissented in the landmark case of </span><i><span style="font-weight: 400">United States v. Wong Kim Ark</span></i><span style="font-weight: 400">. But that decision did not set a binding precedent on the status of temporary sojourners. More importantly, the views of the Great Dissenter, whose dissents were often vindicated by history, should not be dismissed so casually. If Harlan was right, then the Supreme Court could split the difference on Trump's order: the children of illegal aliens who intend to stay in the United States would retain birthright citizenship, but pregnant women could no longer come to the United States on temporary visas for the purpose of giving birth to citizens.</span></p></blockquote>
<p><em>Wong Kim Ark</em> certainly addressed the issue of birth to a tourist, but I do not think a holding was set on that question. If so, the value of <em>Wong Kim Ark</em> is persuasive, and not binding. Here, the Harlan dissent should warrant a closer look. After all, Harlan's other dissents have come to be vindicated:</p>
<blockquote><p><span style="font-weight: 400">The Fourteenth Amendment was ratified in 1868. </span><i><span style="font-weight: 400">Wong Kim Ark</span></i><span style="font-weight: 400">, which was decided three decades later, should not be seen as a clear reflection of the original public meaning of the Fourteenth Amendment. The justices in the majority and dissent, who all lived through the ratification of the Reconstruction Amendments, vigorously disagreed on that original meaning. The value of </span><i><span style="font-weight: 400">Wong Kim Ark</span></i><span style="font-weight: 400"> lies in its status as a judicial decision. </span><i><span style="font-weight: 400">Wong Kim Ark</span></i><span style="font-weight: 400"> set a precedent about the status of children born to aliens who are domiciled in the United States, but there is no similar holding about temporary sojourners who do not intend to stay in the United States. </span></p>
<p><span style="font-weight: 400">Where there is not a binding precedent about the original meaning of the Fourteenth Amendment, I would line up behind Harlan over other members of the Court from the late nineteenth century. Consider Harlan's track record. In 1896, the Supreme Court decided the notorious case of </span><i><span style="font-weight: 400">Plessy v. Ferguson</span></i><span style="font-weight: 400"> by an 8-1 vote. The majority established the so-called "separate but equal" doctrine, which approved the Jim Crow regime. Justice Harlan was the only member who recognized that separate cannot be equal. Five members of the </span><i><span style="font-weight: 400">Wong Kim Ark</span></i><span style="font-weight: 400"> majority also joined the </span><i><span style="font-weight: 400">Plessy</span></i><span style="font-weight: 400"> majority. Harlan's dissents would also be vindicated in other landmark cases. In </span><i><span style="font-weight: 400">The Civil Rights Cases</span></i><span style="font-weight: 400"> (1883), Harlan recognized that Congress had the power to eradicate the vestiges of slavery. In </span><i><span style="font-weight: 400">Pollock v. Farmers' Loan &amp; Trust Co. </span></i><span style="font-weight: 400">(1895), Harlan found that the federal income tax was constitutional. In </span><i><span style="font-weight: 400">United States v. E.C. Knight</span></i><span style="font-weight: 400"> (1895), Harlan found that Congress could regulate manufacturing as a form of commerce. In </span><i><span style="font-weight: 400">Lochner v. New York </span></i><span style="font-weight: 400">(1905), Justice Harlan upheld a law regulating bakers' hours. And I could go on. The track record for Justice Horace Gray pales in comparison.</span></p></blockquote>
<p>Very little of the briefing focused on the birth tourism issue, so Harlan's lecture notes warrant a closer look.</p>
<p>The post <a href="https://reason.com/volokh/2026/04/30/justice-john-marshall-harlan-and-birth-tourism/">Justice John Marshall Harlan and Birth Tourism</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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