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Commentary

The Education Department and the KKK

By: Philip Hamburger February 6, 2025
The Trump administration’s desire to dismantle the Education Department has inspired some alarm. Those panicking would do well to remember a key historical fact: One of the leading advocates of creating such a department was the Ku Klux Klan. Congress authorized today’s Education Department in 1979, transferring authority over federal education policy from the 1953…
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I Beg Your Pardon? Victims of Unjust Agency “Civil” Prosecution Deserve Mercy Too

By: Russ Ryan February 3, 2025
Blogs
The recent flurry of pardons issued by our outgoing and incoming presidents raises a question I’ve pondered from time to time but never resolved: Can (and should) presidents grant clemency to deserving people who committed no crime but nevertheless find themselves condemned to perpetual misery and impecunity for committing putatively “civil” violations prosecuted by federal…
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Consent Decrees: Thinning Out the Forest of Laws

By: Daniel Kelly January 24, 2025
Blogs
The Forest of Laws The Department of Justice’s litigators have decided that management of the Minneapolis police department may no longer remain where the law says it must remain. This must be so, they say, because they are on the hunt for policing patterns and practices that allegedly produce racially disparate results.  No one wants…
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How Washington Can Finally Get Back to Fiscal Sanity

By: Philip Hamburger January 20, 2025
There’s reason to hope for at least a temporary move toward fiscal sanity in Washington. Ordinarily, a drive for a slimmed-down federal budget would last little longer than a New Year’s dieting resolution. What gives credibility to the current federal weight-loss plans is the commitment of some outsize characters. President Donald Trump, Elon Musk, and…
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The Two Holdings of Securities and Exchange Commission v. Jarkesy and What They Mean for the Future of Administrative Adjudication

By: Margaret A. Little January 17, 2025
Blogs
Public commentary on the Supreme Court’s decision in SEC v. Jarkesy is an unusually stark litmus test of political and legal perspectives of the commentariat. Progressives sound a drumbeat of conspiracy, destruction, mayhem and even ruin against a lively background of originalists, libertarians, and conservatives shooting off fireworks and cannons or popping champagne to celebrate. …
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Meta’s U-Turn on Censorship: A Win for Free Speech or Too Little, Too Late?

By: Jenin Younes January 10, 2025
Blogs
Meta announced that it will discontinue its fact-checking program, which it will replace with a Community Notes model akin to that utilized by X (formerly known as Twitter).  Free speech proponents are celebrating this policy change as effectively ending viewpoint-based censorship on Meta’s social media platforms (Facebook, Instagram, and Threads).  To accompany Meta’s written statement,…
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