Debanking is the predictable and disturbing consequence of overregulation—the vastly expanded “know your customer” laws over the past 15 years—operating in service of a weaponized administrative state.  Bank regulators have the power to levy severe sanctions on private financial institutions if they don’t cancel those in conflict with the government—whether ideologically, politically, religiously or otherwise…

The Legislative branch creates the law, the Executive branch executes the law, and the Judicial branch interprets the law—all within a system of checks and balances.  The upshot?  A limited government of separated powers that answers to “We the People,” not the other way around.  In other words, a system of government designed to preserve,…

Earlier this year, in United States v. Poore, the Seventh Circuit deferred to the U.S. Sentencing Commission’s interpretation of its Sentencing Guidelines. No. 22-3154, 2025 WL 1201946 (7th Cir. Apr. 25, 2025). The court’s deference followed their understanding of Stinson v. United States, where the Supreme Court held that Guidelines commentary receives Auer deference, giving…

Andy McCarthy has a great article in NR concerning a recent “Rule 28(j)” letter sent to the Federal Circuit in V.O.S. Selections, et al. v. Trump, et al., Nos 25-1812, 25-1813.  The use and abuse of Rule 28(j) letters is a hobbyhorse of mine, particularly as far as the Department of Justice is concerned.  Rule…

On February 19, 2025 President Trump issued Executive Order 14219 declaring that his administration would “commence the deconstruction of the overbearing and burdensome administrative state.” To ensure that agencies received his message the President issued his Directing the Repeal of Unlawful Regulations memorandum. This memo directed agencies to look at their regulations in light of…

Back in 2014, President Obama drew criticism from opponents for his pen-and-phone strategy to pursue his agenda in the face of congressional deadlock. The “pen” part of his strategy signaled a renewed reliance on direct executive actions—like Executive Orders and memoranda—to secure policy outcomes that could not be achieved through legislation by a divided Congress.…