In stark contrast to widely accepted understandings of what constitutes science, “the Science” that emerged during the Covid era eschewed unbiased observation, systematic experimentation and debate, replacing those careful, deliberative processes with rushes to judgment and stifling of opposing viewpoints.[1]  By the time Covid-19 reached epidemic proportions in the United States, public health authorities had concluded…

The Framers understood that property rights comprise an indispensable bulwark against government.  Covid taught us, however, that bureaucrats believe that bulwark ought to be more notional than real.  After state-level bureaucrats imposed on our liberties by confining us to our homes, the Centers for Disease Control and Prevention (CDC) imposed further by forbidding landlords from…

The government’s authoritative response to Covid proved particularly devastating for Americans nearing the end of their lives and those whose loved ones were dying or died during the Covid years. As the authors of The Legal and Ethical Dimensions of Hospital Visitation Bans in the COVID-19 Era noted, “[t]he scope and intensity of these visitation…

Forced closure of houses of worship during the Covid pandemic demonstrated how far-reaching administrative edicts could be. In the early weeks of the pandemic, amidst uncertainty about the virus, most Americans were willing to adjust their normal behavior out of an abundance of caution in the face of a virus with an unknown lethality. They…

They say stress reveals a person’s weaknesses in a way few other things can.  The same goes for institutions, as they are nothing but collections of individuals.  Covid’s stress on one of these institutions—the Administrative State—shattered the carefully crafted illusion that bureaucrats have access to a wisdom unavailable to the rest of us.  The ground…

Judge Bumatay’s dissent in Int’l Union of Operating Eng’rs, Stationary Eng’rs, Loc. 39 v. NLRB, 127 F.4th 58, 79 (9th Cir. 2025), suggests that SEC v. Jarkesy, 603 U.S. 109 (2024)—which held that the SEC’s in-house adjudication of civil-penalty claims violated the accused’s right to a jury trial in an Article III court—may be key…