Brickbat: Killer Cop


Gun | ID 44991555 | Control ©  Laura Lee Cobb | Dreamstime.com

Former Memphis, Tennessee, police officer Patric J. Ferguson has been sentenced to 38 years in federal prison after admitting to civil-rights violations, kidnapping, using a firearm in a violent crime causing death, conspiracy, and obstruction. While on duty, Ferguson abducted and killed Robert Howard, who was dating a woman Ferguson had previously been involved with. He used a police database to locate Howard, drove his patrol car to the woman’s home, kidnapped Howard, and shot him in a parking lot. Ferguson and an accomplice later disposed of the body in a river.

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Columbia University Faculty Behaving Badly

A new report out of Columbia University documents abuses of faculty prerogatives and general outrageous misbehavior on the part of full-time faculty, instructors, and graduate assistants. Academic does not include being abusive to students, using your classes for political organizing, teaching material unrelated to your classes ideological reasons, and otherwise treating your classroom position as if its your personal platform to pursue an ideological agenda. All of these teachers should face sanctions ranging from suspensions to being fired, but I’m not holding my breath. While these incidents all involve misbehavior on behalf of “Palestine,” it’s reasonable to assume that it reflects a broader culture of politicization of the classroom and perceived impunity more generally, and not just at Columbia. Luke Tress of the Jewish Telegraphic Agency provides a summary of some of the misbehavior:

The task force also reported that university instructors singled out Jews and Israelis for “personal scapegoating” during classes, noting that the practice violated federal Department of Education guidelines.

An instructor told an Israeli student, “You must know a lot about settler colonialism. How do you feel about that?” Another Israeli was called an occupier. An Israeli IDF veteran attended a class about the conflict, saying that the IDF was presented as an “army of murderers.” The instructor pointed at the student in front of the rest of the class and said she should be considered one of the murderers, the report said.

A Jewish, non-Israeli student was told, “It’s such a shame that your people survived in order to commit mass genocide.” Other students avoided identifying as Jewish or Israeli in class.

During a required introductory course for more than 400 students at the Mailman School of Public Health, a teacher told students that three Jewish donors to the school were “laundering blood money” and called Israel “so-called Israel.” The teacher later dismissed complaints as coming from “privileged white students.”

Some instructors encouraged students during class to attend anti-Israel protests, canceled classes for the protests, moved classes off campus to use the classes as “political organizing sessions,” and held classes in the protest encampment, where “Zionists” were not welcome.

Many students told the task force that teachers issued moral condemnations of Israel in unrelated classes. An introductory astronomy class started with a discussion of the “genocide” in Gaza, and in an introductory Arabic class, a teacher taught students the sentence, “The Zionist lobby is the most supportive of Joe Biden.” Another instructor told her students in a class on advocacy that reports of sexual violence by Hamas were exaggerated or fabricated.

One student objected to a teacher about a course’s framing of the Israeli-Palestinian conflict in an email that the student had considered private. The instructor then read the email aloud to the class, without the student’s permission, arguing against the email’s positions.

Graduate students told each other to “teach for Palestine,” regardless of subject, and anti-Zionist content was a “central element” in classes on feminism, photography, architecture, music and nonprofit management.

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Google, SpaceX, and Blue Origin Plan To Put AI in Space. Will It Produce Skynet or Untold Economic Abundance?


A satellite in space |  © Boon Leong Yap | Dreamstime.com

The growth of the U.S. economy is being fueled by the hectic quest to build out massive data centers to run increasingly popular generative AI models like ChatGPT, Claude, Grok, and Gemini. The power-hungry AI data centers are driving up electricity costs in some regions and sparking local “not-in-my-backyard” opposition.

Pew Trusts

Consequently, some Big Tech players are looking to locate their data centers in space. They think that low earth orbit could mitigate the problem of pesky, annoyed neighbors and offer perpetual sunshine to power constellations of AI satellites.

In November, Google unveiled Project Suncatcher, “a research moonshot to scale machine learning compute in space.” A team of Google researchers is exploring how to deploy and fly fleets of solar-powered AI satellites that would beam down data from orbit.

Also in November, SpaceX CEO Elon Musk posted on X that the company’s new Starship rocket “should be able to deliver around 300 [gigawatts] GW per year of solar-powered AI satellites to orbit, maybe 500 GW.” In 2023, total U.S. utility-scale electric power generation capacity is just under 1,200 GW, according to the Energy Information Administration. The Wall Street Journal reports that Musk’s space AI project underpins his hopes for an initial public offering of SpaceX that would value the rocket maker at $800 billion, although some analysts question that plan and think that the valuation may be too high.

In October, Jeff Bezos, the Amazon founder and owner of the Blue Origin spaceflight company, predicted that gigawatt-scale data centers would be built in space within the next 10 to 20 years. Pointing to the advantages of 24/7 solar power in space, Bezos said, “We will be able to beat the cost of terrestrial data centers in space in the next couple of decades.”

The Google team thinks that the technical challenges posed by the harsh environment of space can be overcome. The main limitation for near-term deployment is launch costs; the price for getting a kilogram into low earth orbit using SpaceX’s Falcon Heavy rocket is around $1,400. However, the Google team projects that deployment costs could drop to less than $200 per kilogram in low earth orbit by the mid-2030s. At this rate, the costs per unit of power in space could be approximately comparable to terrestrial power costs.

Musk apparently expects that SpaceX’s Starship will be able to deliver payloads for between $10 and $20 per kilogram. This would clearly fit the Suncatcher benchmark, but some analysts argue that Starship, as currently designed, will fail, which means that launch prices will not fall as low as Musk promises.

Successfully deploying space-based AI could result in creating unprecedented levels of economic growth and human flourishing. On the other hand, have Google, SpaceX, and Blue Origin never heard of Skynet? In the Terminator movie franchise, Skynet is a space-based artificial superintelligence that decides to destroy humanity when humans try to turn it off. Tellingly, Skynet was deployed in 2029.

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Netflix and Paramount Will Fight for Trump’s Favor


Ted Sarandos | JOHN ANGELILLO/UPI/Newscom

Netflix has moved to acquire Warner Bros. for $82.7 billion, a massive media deal that would bring the film studio’s iconic intellectual property—everything from Harry Potter to Tony Soprano—under the auspices of the streaming giant.

But not so fast! Paramount Skydance has launched a hostile takeover bid and is trying to persuade Warner Bros. shareholders that they would be better off throwing in with Paramount owner David Ellison, who is the son of Larry Ellison, a close ally of President Donald Trump. The two deals are slightly different; under the terms of the Netflix deal, CNN would be spun off separately, whereas Paramount Skydance would also acquire CNN as part of its deal. This would mean that CNN would be part of the same media company as CBS News, which is now run by the right-of-center journalist, Bari Weiss. In other words, the Paramount deal could in theory be more appealing to the Trump administration, though Trump has thus far had relatively nice things to say about Netflix co-CEO Ted Sarandos as well.

Trump would definitely like to be involved in the decision, however—and thus, Netflix and Paramount Skydance have every incentive to curry favor with the president and flatter his vanity. This could influence editorial decisions at the relevant media properties, since no one wants to risk offending a president with the power to blow up the deal. Undoubtedly, executives at Paramount Skydance were sweating last weekend after Trump penned a Truth Social post blasting CBS’ new management for failing to swiftly rein in 60 Minutes, which committed the unpardonable sin of interviewing Rep. Marjorie Taylor Greene (R–Ga.), a MAGA loyalist turned Trump archenemy. “THEY ARE NO BETTER THAN THE OLD OWNERSHIP,” fumed Trump, referring to his friends at Paramount.

This seems likely to get very ugly, from a free speech perspective. Media companies should feel unconstrained to criticize government leaders, but some of the most powerful business leaders in the country will clearly be competing to outdo each other in terms of obsequiousness toward Trump.

But if you have a problem with this—and to be clear, most people ought to be offended by it—then you should object to the federal government exercising so much power over market actors in the first place. This entire situation, in which flattering Trump is the end goal of Netflix and Paramount, exists because the Justice Department and the Federal Trade Commission have the power to block corporate mergers and acquisitions. Progressive proponents of robust antitrust enforcement, which involves limiting the size and scale of major companies, are living in a reality that follows naturally from their own principles.

They won’t see it that way, of course. Progressives like to imagine that the government would scrutinize mergers in an objective manner, considering the potential merits from a neutral standpoint.

But of course, progressive crusades against private businesses are often political in nature. Democrats frequently probe the decisions of private media companies and threaten regulatory action for noncompliance with a specific political agenda. What distinguishes Trump is the brazen and transactional nature of his pressure campaigns. Yet the solution is simple: greatly limit the power of federal antitrust regulators, or scrap these offices completely. If Sarandos, Ellison, and any other media titan could safely ignore Trump’s demands for special deference, then free speech rights of these companies would be much better protected.

This Week on Free Media

I was joined by Amber Duke and Niall Stanage to discuss Democratic Rep. Jasmine Crockett’s bid for the Texas Senate seat, MTG’s latest clash with Trump, and more.

Worth Watching

It’s here! My new show with Reason‘s Christian Britschgi debuted last week to rave reviews. Have you seen it yet? It’s called Freed Up, and we are just getting started. You can watch the 90-minute first episode below, and make sure to tune in this Friday for our next entry.

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CBP Agents Held This U.S. Citizen for Hours Until He Agreed To Let Them Search His Electronic Devices


Wilmer Chavarria | Office of Sen. Richard Blumenthal

Last July, Wilmer Chavarria, a naturalized U.S. citizen who lives in Vermont, was returning from Nicaragua, where he had visited his mother and other relatives, when he was detained by Customs and Border Protection (CBP) agents at the George Bush Intercontinental Airport in Houston for no apparent reason. Chavarria was held for more than four hours and released only after he finally agreed to let the agents search his smartphone, tablet, and laptop computer. The agents, who persistently pressured Chavarria to surrender his devices and the passwords for them, informed him that he had no Fourth Amendment right to resist.

They were wrong about that, the Pacific Legal Foundation (PLF) says in a lawsuit it filed in the U.S. District Court for the District of Columbia on Wednesday against the Department of Homeland Security (DHS), which includes CBP. “Americans don’t surrender their constitutional rights as the price of international travel,” the PLF says. “CBP policies that claim to give its employees the power to search and seize electronic devices without a warrant violate the Fourth Amendment and therefore should be set aside.” 

The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects” against “unreasonable searches and seizures.” It also specifies that judicial warrants, which are ordinarily required for searches, must be based on “probable cause” supported by “oath or affirmation” and must “particularly” describe the target of the search and “the persons or things to be seized.”

The contents of electronic devices qualify as “papers” and “effects,” PLF lawyers Amy Peikoff and Molly Nixon argue. And although the Supreme Court has recognized a “border exception” to the Fourth Amendment, they say, it cannot reasonably be understood to encompass the potentially vast amount of sensitive information that Americans routinely carry with them when they travel.

Under the CBP’s broad interpretation of the border exception, the PLF notes, federal agents are free to examine the contents of electronic devices anywhere within 100 miles of a U.S. border—a zone that includes about two-thirds of the U.S. population. They can do so at will without any articulable reason, let alone probable cause or a warrant. And under CBP policy, they can copy and retain that information based on “a national security concern” or “reasonable suspicion of activity in violation of the laws enforced or administered by CBP,” provided they obtain “supervisory approval.”

Chavarria, who is superintendent of Vermont’s Winooski School District, was understandably dismayed by the CBP’s assertion of that authority. “When he objected, he was told he had no Fourth Amendment rights at the border,” the complaint says. “Moreover, he was told he was behaving suspiciously simply by asserting those rights and refusing to consent to the device searches. His requests to contact his family and lawyer were denied during the detention.”

Chavarria was especially concerned because the laptop he was carrying, which was the school district’s property, contained student records. But “after enduring hours of isolation, physical discomfort, threats, and badgering,” the complaint says, Chavarria “finally succumb[ed] to the pressure and hand[ed] over his devices and passwords” based on the agents’ “assurances that they would not access the student data on his laptop.”

Because “the searches were conducted outside his presence,” according to the lawsuit, Chavarria had no way of verifying that the agents kept their promise of self-restraint. “Adding insult to injury, one of the plainclothes officers stopped Mr. Chavarria as he was being released to shake his hand and praise him for his resilience during the detention,” the PLF says. “Because of his unflinching commitment to his students’ rights, the agent said he would be proud for his children to attend a school with a superintendent like Mr. Chavarria.”

The border exception, which is meant to facilitate detection of contraband, weapons, customs violations, and illegal immigration, has traditionally applied to “searches of persons entering the United States and their physical property,” Peikoff and Nixon note. “And while digital contraband does exist, such contraband can also be emailed or stored in the cloud for remote access from anywhere in the world, making searches for such contraband a general criminal law interest, not a border concern. Accordingly, the normal Fourth Amendment rules and warrant requirement apply.”

Given the ubiquity of electronic devices and their storage capacity, extending the border exception to include the data they contain has profound privacy implications. Laptops can store up to four terabytes of data, while some smartphone models can store as much as two terabytes.

The upshot is that Americans commonly carry enormous amounts of data in their pockets and computer bags, potentially including years of personal information about their habits, opinions, work, family life, relationships, and medical histories. But according to the CBP, its agents have plenary authority to peruse that information whenever they want “with or without suspicion.” And if they have a “reasonable suspicion” of illegal activity, which is supposed to be based on “specific, articulable facts” but in practice may amount to little more than a hunch, they also can copy information.

In a 2022 letter to Chris Magnus, then the CBP commissioner, Sen. Ron Wyden (D–Ore.) noted a briefing that year in which an agency official reported that CBP copies data from “less than 10,000” phones each year. That information, Wyden noted, “typically includes text messages, call logs, [and] contact lists” but may also include “photos and other sensitive data.” According to the senator, the agency “confirmed during this briefing that it stores this deeply personal data,” obtained “without a warrant signed by a judge,” for “15 years” and “allows approximately 2,700 DHS personnel” to search it “at any time, for any reason.”

Between 2015 and 2024, the PLF notes, the annual number of warrantless electronic-device searches by CBP more than quintupled, from about 8,500 to more than 46,000. “That trend continues apace in 2025,” the PLF reports, “with the third fiscal quarter showing CBP having searched 14,899 people—the highest number on record and 16.7 percent higher than the next-highest quarterly figure of 12,766 set in the second fiscal quarter of 2022.” Most of these searches are “basic,” meaning they involve reviewing and analyzing information “encountered” during examination of a device. But about 10 percent are “advanced,” meaning they entail using external equipment to “review, copy, and retain device contents for later analysis.”

The threat of such invasions, Peikoff and Nixon note, means that travelers “must decide between leaving their electronic devices at home or risking being detained and having their device contents perused, uploaded into a government database, or maybe even shared with multiple government agencies—all without a warrant or probable cause.” In light of that risk, they add, some travelers “take precautions such as deleting their social media accounts from their devices or encrypting their hard drives in advance of travel.”

In light of his brush with CBP, Chavarria left his laptop at home during a visit to Nicaragua in October, meaning he was “unable to work remotely while visiting his family,” the complaint says. “This is a choice no American should have to make.”

Chavarria reflected on his experience in a recent interview with WPTZ, the NBC affiliate in Burlington, Vermont. “You feel like you’ve been abducted by a gang of aggressive, violent people who are trying to manipulate you and who are lying to you,” he said. “And while you are being abducted, you know that these people are capable of doing anything to you because they don’t care.”

At a Washington, D.C., forum convened on Tuesday by Democratic lawmakers, Chavarria was one of five U.S. citizens who described jarring and allegedly illegal encounters with DHS employees. “I do not feel like I am free to visit my mother without being afraid that I will be detained or disappeared at any time for any reason,” he said. “I don’t think any American should be deprived [of] the right to visit their mother.”

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Legislative Vetoes for Independent Agencies

During oral argument in Trump v. Slaughter, Justice Barrett asked Solicitor General Sauer a series of questions about the relationship between the legislative veto and independent agencies. Barrett recalled that Justice Gorsuch had raised Chadha during the oral argument in the tariff case. (I suspect Barrett is also considering a draft opinion that Gorsuch may have circulated.) Gorsuch said that Congress delegated power to the executive branch through IEEPA, subject to a legislative veto. But Chadha wiped out that check, leaving the executive with even broader authority. Would Congress have delegated such broad powers in the first place absent the veto? Probably not. Gorsuch suggested that Chadha changed the legislative “bargain.”

Here, Barrett asked about whether a legislative veto may have also been part of the legislative bargain for the FTC and other independent agencies. In other words, she said, “part of the reason Congress was willing to infuse agencies with a lot of the broad powers” was because of the availability of the veto. She asked if the original 1935 FTC Act had a legislative veto, and if so whether that veto was “part of the bargain.” If there was such a veto, Barrett suggested, Congress would have retained “some measure of congressional control,” though short of removal. Barrett said, “And if you had a legislative veto, even if Congress wasn’t exerting itself the authority to fire . . . a member [of] a multi-member board, it could override decisions that the agency made.” (I think Bowsher would prohibit Congress from having any power over removal, other than impeachment, but that is another matter.)

After Chadha, however, the “bargain was changed.” Barrett said, Congress “having lost that check, maybe these independent agencies have become something that Congress didn’t intend or anticipate even at the point that it set it up.” Barrett then connected this case back “the point that Justice Gorsuch made in the tariff argument with respect to IEEPA.”

Solicitor General Sauer replied that the original 1914 FTC Act did not have a legislative veto. He added, with some hesitation, “I believe the FTC Act, I’m not aware of it having a legislative veto at any point in its history. I could be wrong about that.”

I was curious, and checked the appendix from Chadha which lists the statutory provisions with legislative vetos. Item 34 is directly on point:

34. Federal Trade Commission Improvements Act of 1980, Pub.L. No. 96–252, § 21(a), 94 Stat. 374, 393 (to be codified in 15 U.S.C. 57a–1) (Federal Trade Commission rules may be disapproved by concurrent resolution).

I think Sauer was correct that the 1914 FTC Act did not have a legislative veto. But Congress added a legislative veto over the FTC in 1980.

Justice White’s Chadha dissent specifically referenced the FTC:

In the trade regulation area, the veto preserved Congressional authority over the Federal Trade Commission’s broad mandate to make rules to prevent businesses from engaging in “unfair or deceptive acts or practices in commerce.”FN9

FN9: Congress found that under the agency’s

“very broad authority to prohibit conduct which is ‘unfair or deceptive’ … the [Federal Trade Commission] FTC can regulate virtually every aspect of America’s commercial life…. The FTC’s rules are not merely narrow interpretations of a tightly drawn statute; instead, they are broad policy pronouncements which Congress has an obligation to study and review.” 124 Cong.Rec. 5012 (1978) (statement by Rep. Broyhill).

A two-House legislative veto was added to constrain that broad delegation. Federal Trade Commission Improvements Act of 1980, § 21(a), 94 Stat. 374, 393, 15 U.S.C. § 57a–1 (Supp. IV 1980). The constitutionality of that provision is presently pending before us. United States Senate v. Federal Trade Commission, No. 82–935; United States House of Representatives v. Federal Trade Commission, No. 82–1044.

Justice White referenced two pending cases that challenged the legislative veto of the FTC. In both cases, the D.C. Circuit found the vetoes were unconstitutional.  About two weeks after Chadha was decided, the Court decided a case called Process Gas Consumers Group v. Consumer Energy Council of America. This case summarily affirmed the FTC appeals. Justice White dissented once again:

In United States Senate v. Federal Trade Commission, the Court of Appeals struck down § 21(a) of the Federal Trade Commission Improvements Act of 1980, which provides that an FTC trade regulation rule shall become effective unless both Houses of Congress disapprove it. The Act authorizes the Commission to issue trade regulation rules which define unfair or deceptive acts or practices in or affecting commerce. 15 U.S.C. § 57a(1)(B) (Supp. IV 1980). For three years, Congress debated the breadth of the Commission’s rulemaking authority, noting that the FTC could, pursuant to the Act, “regulate virtually every aspect of America’s commercial life.” 124 Cong.Rec. 5012 (1978) (Rep. Broyhill). The two-House veto provision was settled upon as a means of allowing Congress to study and review the broad and important policy pronouncements of the Commission.

I scanned through the legislative history of this bill (start at Page 5011), and found similar statements. Representative Risenhoover, for example, said:

Our most effective control would be to have review and veto over the rules and regulations which are imposed daily upon the people of this representative democracy by a bunch of faceless, nameless bureaucrats. And of all the agencies which are running amok, the Federal Trade Commission is the absolute worst example. . . . I believe the elected Representatives of the people should review these rules and that, as Representatives, we should be able to say “no.” The people in my district and the business people of this country deserve that additional chance to talk back to the bureaucrats.

Indeed, Representative Eckhardt tied the expansion of the FTC’s powers to the new-found rulemaking authority:

I think there is no agency in the entire Government which is more needing and more deserving of having a congressional veto than the Federal Trade Commission, because with the broad mandate it has and the broad rulemaking power, the broad legislative power it has exercised to this date, we as Congressmen, as elected officials, have abrogated our responsibility. 124 Cong.Rec. 5014.

The FTC did not have this rulemaking power in 1914 and it did not have this power when Humphrey’s Executor was decided. But the D.C. Circuit bestowed this power on the FTC in 1973. Several years later, Congress determined the FTC had acquired too much power, and tried to claw back that power through a legislative veto. Justice Barrett didn’t know this sort of veto existed, but her intuition was exactly on point. I think Justice White’s position is consistent with Barrett’s question in Slaughter, as well as Justice Gorsuch’s question in the tariff case. Indeed, until this moment, I hadn’t really considered how White’s Chadha dissent may have affected his future clerk’s understanding of the bargain and the non-delegation doctrine. Gorsuch has extremely well-developed thoughts on this point.

I think we can speculate that veto was added in recognition of how much the FTC has evolved from the agency at issue in Humphrey’s Executor. Eli Nachmany’s excellent article, which was cited in the briefing traces the FTC’s history, leading up to this 1980 change. In particular, the FTC’s powers over rulemaking were vastly expanded by the D.C. Circuit in the 1970s. Eli explained:

Before Congress could clarify whether the FTC even had legislative rulemaking power, the D.C. Circuit opined that it indeed had such power all along. In National Petroleum Refiners Association v. FTC (1973), the court decided that the FTC had always had legislative rulemaking power—under Section 6 of the original FTC Act. . . . Eschewing that understanding of the law, the D.C. Circuit decided “liberally to construe the term ‘rules and regulations'” and hold that Section 6(g) “permit[s] the Commission to promulgate binding substantive rules.

This ruling, Eli notes, was a vast expansion of the FTC’s powers;

Commentators have criticized the decision as contrary to congressional intent358 and inconsistent “with the universal belief of the FTC, Congress, courts, and scholars for the first 48 years of the existence of the agency that it lacked that power.” Moreover, as Richard Pierce opines, the case’s “method of statutory interpretation . . . was never embraced by the Supreme Court . . . and no court has used it in decades.”

Congress responded with the Magnuson-Moss Act of 1975 to regulate the rulemaking process.

Would the Congress of 1914 have given the FTC Commissioners tenure protections if those members could engage in substantive rulemaking–effectively the power to write laws? I think the answer is no. Yet the D.C. Circuit appears to have made up that power in 1973. And in 1980, when Congress tried to give itself the power to override a rule through a concurrent resolution, the Supreme Court took that power away under Chadha. Justice Barrett was quite right. The bargain that was struck was altered, first by the D.C. Circuit, and later by Chadha.

The Chadha appendix references another legislative veto of another independent agency: the Federal Election Commission.

28. Federal Education Campaign Act Amendments of 1979, Pub.L. No. 96–187, § 109, 93 Stat. 1339, 1364, 2 U.S.C. 438(d)(2) (Supp. III 1979) (Proposed rules and regulations of the Federal Election Commission may be disapproved by resolution of either House).

In Buckley v. Valeo, Justice White argued directly that Congress could impose a legislative veto over an independent agency:

I am also of the view that the otherwise valid regulatory power of a properly created independent agency is not rendered constitutionally infirm, as violative of the President’s veto power, by a statutory provision subjecting agency regulations to disapproval by either House of Congress. . .  Under s 438(c) the FEC’s regulations are subject to disapproval; but for a regulation to become effective, neither House need approve it, pass it, or take any action at all with respect to it. The regulation becomes effective by nonaction. This no more invades the President’s powers than does a regulation not required to be laid before Congress. Congressional influence over the substantive content of agency regulation may be enhanced, but I would not view the power of either House to disapprove as equivalent to legislation or to an order, resolution, or vote requiring the concurrence of both Houses.

In Process Gas, Justice White cited his Buckley concurrence.

I cannot agree that the legislative vetoes in these cases violate the requirements of Article I of the Constitution. Where the veto is placed as a check upon the actions of the independent regulatory agencies, the Article I analysis relied upon in Chadha has a particularly hollow ring. In Buckley v. Valeo, 424 U.S. 1, 284-285 and n. 30, 96 S.Ct. 612, 757 and n. 30, 46 L.Ed.2d 659 (1976), I set forth my belief that the legislative veto as applied to rules promulgated by an independent regulatory agency fully comports with the Constitution.

Justice White’s position did not carry the day in Chadha, but he is likely right about the legislative bargains that Congress struck with regard to the Federal Trade Commission, and the Federal Election Commission.

The Chadha appendix lists one other independent agency–the Federal Reserve.

49. Act of December 31, 1975, Pub.L. No. 94–200, § 102, 89 Stat. 1124, 12 U.S.C. 461 note (Federal Reserve System Board of Governors may not eliminate or reduce interest rate differentials between banks insured by Federal Deposit Insurance Corporation and associations insured by Federal Savings and Loan Insurance Corporations without concurrent resolution of approval).

It does not appear this provision was ever litigated. I will let other people figure out how the impact of this legislative veto affects the status of the Federal Reserve.

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Trump Administration Claims That Spending $140 Million on Jets for Deportations Will Save Money


A Boeing 737 jet | Illustration: Eddie Marshall | Clemens Vasters | Midjourney

In its latest splurge, the Department of Homeland Security (DHS) will spend nearly $140 million on six Boeing 737 planes to deport immigrants. The new DHS planes are intended to cut costs “by allowing ICE [Immigration and Customs Enforcement] to operate more effectively,” Assistant Secretary of Public Affairs Tricia McLaughlin told The Washington Post. The planes will be purchased with funding granted by the One Big Beautiful Bill Act, which was signed into law in July and appropriated $170 billion for immigration enforcement. 

Under President Donald Trump, the DHS has been tasked with deporting 1 million people by the end of the year. According to data analyzed by Transactional Records Access Clearinghouse, a data gathering, research, and distribution organization at Syracuse University, ICE removed a total of 290,603 immigrants between January 26 and November 15, a 7 percent jump from FY 2024. However, Trump’s border czar, Tom Homan, told the Post that more than 570,000 removals have already taken place. More than 65,000 immigrants are currently in ICE detention, many of whom pose no threat to public safety.

Faced with record-high detention numbers, the Trump administration has resorted to holding detainees in overcrowded, inhumane conditions and violating their due process rights. Since January, the administration has experimented with controversial ways to alleviate overcrowding issues, such as greenlighting state-run immigration detention centers like Alligator Alcatraz and removing migrants to El Salvador. ICE has also increased the number of chartered flights to transport detainees. Between January and October, ICE Flight Monitor, a project that tracks ICE flights from publicly available aviation data, documented over 10,672 total flights, including transfers to third countries, domestic transfer flights, and removal-related flights, compared to 7,159 flights in 2024. 

Now, the DHS will experiment with owning and operating its own aircraft fleet, which McLaughlin told Fox News will save taxpayers $279 million (although she didn’t provide specifics). But not everyone agrees the move will save money. John Sandweg, the acting director of ICE under President Barack Obama, told the Post he was surprised by the agency’s decision, given that “it’s so much easier to issue a contract to a company that already manages a fleet of airplanes.” 

Up until now, relying on charter flights for immigrant removals and detainee transportations has allowed ICE to increase and decrease flights as needed, people familiar with ICE’s air operations told the Post. By owning, operating, and maintaining its own fleet, ICE will be trading flexible costs for higher overhead costs. Moreover, the investment calls into question what the agency might use the aircraft for in the future should the need for deportation flights decrease. 

The aircraft purchase is yet another addition to the DHS’ arsenal, which includes a growing number of detention facilities, surveillance technology, personnel, and small arms weaponry. The accumulation points to what the Brennan Center for Justice has dubbed an “deportation-industrial complex” that will likely outlast the Trump administration. 

These high-dollar purchases aren’t geared toward saving taxpayer money, but toward increasing immigration deportations, no matter the cost. With more officers, more detention facilities, and more flights, the Trump administration will likely succeed in its goal of ramping up the number of immigrant removals. But without fixing the due process errors running rampant throughout Trump’s mass deportation campaign so far, it will come at the cost of degrading the rights of both immigrants and American citizens.

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The Far Right Is Powered by Left-Wing Illiberalism and Hypocrisy


A rainbow flag and an American flag wave over the U.S. Embassy in Moscow in 2023. | Valery Sharifulin/ZUMAPRESS/Newscom

The introduction of the “Groypers” into our national consciousness over the last six weeks has ignited curiosity about what is causing the evident moral and intellectual disintegration of American conservatism. As someone who has been covering this space for years, I do not believe it’s possible to grasp what’s happening on the right without accepting that the left has, for decades now, been on its own illiberal journey—because to a far greater extent than most observers would like to admit, the former phenomenon is a response to the latter. 

If there’s one thing that voters of President Donald Trump and reactionary online personalities alike have made clear, it’s that they’re frustrated by the eagerness of mainstream institutions to excuse left-wing overreach while treating every right-wing infraction as an existential menace to democracy. This has created a boy-who-cried-wolf problem where attempts to sound the alarm about serious threats to the rule of law during Trump’s second term often provoke eyerolls or yawns. 

We need to recognize that there’s a natural tendency to overlook violations of norms and legal procedures by our own side while hyperfixating on our rivals’ transgressions. Human beings are excellent at rationalizing breaches of etiquette and convincing ourselves that extraordinary measures are necessary when they benefit us. Departures from the rules of the game by allies are downplayed or dismissed, and in any individual case that may be defensible—but the cumulative effect is that those on the receiving end sooner or later conclude that playing by the rules is for suckers.

Republican claims of Democratic hypocrisy may sometimes be overblown, but they are decidedly not imagined. The activist left in particular is guilty of helping to create the conditions for our toxic political moment. Consider the following ways in which left-of-center politics have, over the last generation or two, effectively repudiated liberal values.

1. By Beginning From Collectivist—and Thus Inevitably Racialist—Rather Than Individualistic Assumptions 

In a recent essay at The Argument, the liberal journalist Matt Yglesias makes a crucial observation: Critical race theory and related programs are not, as he once presumed, “natural extensions of basic liberal commitments to tolerance and human equality,” analogous to the expansion of franchise rights to women in the early 20th century. Emphatically to the contrary, they are open rejections of philosophical liberalism, understood as “the view that the basic unit of moral concern is the individual; that institutions should be governed by general, neutral rules; and that rights and due process are core to justice.”

Yglesias rightly notes that the identitarian approach introduced policies and practices into society that subject people to collective blame or confer on them collective benefits based on their demographic characteristics. Members of groups that were historically disadvantaged or oppressed receive better treatment than do members of historically privileged groups. Individual virtues, accomplishments, and abilities become less important than identitarian labels.

Such policies and practices tend to produce what is sometimes called “victimhood Olympics,” or the habit of competitive jostling to show that your combination of identity markers (as a Hispanic lesbian with a medical disability, say) entitles you to a higher status than someone else’s. This is what is meant by “intersectional” identity politics.

Unsurprisingly, one side effect of such a political approach is that those at the bottom of the victimhood totem pole—namely, straight white men—feel increasing resentment and rage over being denied respect and opportunities based on attributes outside their control. They correctly note that this flies in the face of the ethos of the Civil Rights Movement, which rather famously argued that people deserve to be judged by the content of their character rather than the color of their skin.

It has also more generally increased the salience of race and other tribal labels, training people to think of themselves as members of “affinity groups” whose interests they share and to whom they owe a sort of primary loyalty. No wonder we’ve seen a rise in white nationalist and Christian nationalist sentiments, with young conservatives in particular taking to complaining that mass immigration is diluting America’s once-dominant Anglo-Protestant culture. 

With all the attention lately being paid to the antisemitic influencer Nick Fuentes and his followers (those aforementioned “Groypers”), it may be tempting to think this is a problem of recent vintage. But social commentators have been warning for decades that policies such as affirmative action in hiring and practices such as militant speech policing would have exactly these sorts of predictable consequences. 

“The new racism is reactive rather than residual, let alone resurgent,” Christopher Lasch wrote in The Revolt of the Elites and the Betrayal of Democracy way back in 1995. “It is a response, however inappropriate and offensive, to a double standard of racial justice that strikes most Americans as unreasonable and unfair.” 

2. By Treating Progress as Zero-Sum 

The liberal journalist Jerusalem Demsas (also at The Argument) has a recent essay on the “peasant logic” of zero-sum thinking: the idea that “there’s only so much to go around. Only so many good jobs, decent homes, and slots in the social hierarchy. If someone else starts doing better, that’s a threat—it means someone else (maybe you) is getting screwed.” 

Demsas describes this view as “the throughline of MAGA politics,” and I can’t say I disagree with her. But it’s important to realize that left-wing activism has long made the same mistake. I recently had reason to revisit an interview I gave to The Ezra Klein Show a couple of years ago in which I tried to make this point:

There are ways in which our approach…to advocating for social change can make it more or less likely that the more radical elements of the New Right will be successful. So if we treat social change as zero-sum, if we act as if any advance toward justice for one group of people comes at the expense of another group, that is going to provoke backlash and that is going to empower the worst voices that we’ve been describing.

There is an alternative to that approach of social change as zero-sum. We can talk about it as positive-sum. And if you look at the ways that, for example, gay rights activists in the 1990s and early 2000s advocated for the changes that they were in favor of, they did it in an inclusive way. They did it by humanizing their cause. They did it by talking about equal rights under the law and liberal values—and in some cases, even appealing to conservative values, family formation, lifelong commitment.

They achieved an incredible feat in terms of, if you look at the polling data, how quickly public opinion changed on support for gay marriage….That is the kind of activism success story that there are going to be textbooks written about. 

I think if we’re being honest with ourselves, if we compare that to the kinds of activism in the gender politics space today or really any kind of social-justice space today, we find that they have adopted a very different approach to pushing for the things they believe in, which is much more militant and much more retributive. Not just “we want equal rights under the law,” but “we’re going to punish you if you do not line up behind our views.” I think that is a huge mistake. 

That approach is a mistake because it causes people to stop thinking in terms of equal rights and start thinking in terms of redistribution of scarce resources, where status and opportunity (as well as more tangible goods such as homes and jobs) are a fixed pie. And people operating from a scarcity mindset will resent rather than celebrate other people’s gains.

A survey of Trump voters conducted just after the 2020 election found a shocking amount of agreement on issues related to cultural resentment, with some 89 percent of respondents believing that “Christianity is under attack in America today,” 90 percent fretting that “Americans are losing faith in the ideas that make our country great,” 92 percent saying that “the mainstream media today is just a part of the Democratic Party,” and 87 percent worrying that “discrimination against whites will increase a lot in the next few years.” 

What unites these findings is that they all point to the sort of siege mentality that understandably appears in zero-sum contexts in which someone else seems to be in charge of who gets what.

3. By Being Willing To Employ State Power on Behalf of One Side on Contested Questions

One of my favorite ways to talk about liberalism is as an exercise of “mutual forbearance,” where all sides forgo the temptation to use government power to force others to live the same way they do. This creates space in society for people to disagree on important questions of both taste (do you prefer living in a walkable urban environment or in a big house on a large plot of land?) and values (is it a morally good thing or a morally bad thing to have a lot of kids?), without needing to go to war over them. 

In this view, the government’s job is to protect basic rights and liberties, not to choose sides on contested questions by prescribing one way of life for all. It’s supposed to be a dispassionate referee that ensures the rules of the game are applied equally to everyone; it’s not supposed to tilt the playing field to produce outcomes desired by one team over another. 

Yet the left has never been very comfortable with that bargain, and its willingness to employ the coercive power of the state to control various aspects of people’s lives, against their will and for their own supposed good, has generated an enormous amount of acrimony toward “liberal” elites who are not, in fact, liberal at all in this sense of the word.

Anger over “nanny statism,” or laws dictating what foods people can eat, what cars they can drive, and so on, has been around for decades. But revelations involving debanking and jawboning over the last 15 years proved that things were actually much more dire. I don’t think people on the left of center appreciate just how much damage such efforts have done when it comes to eroding trust in our governing institutions across large swaths of the American public. 

And there are many, many more examples of the left being willing to tilt the playing field on behalf of its own predilections: the repeated targeting of Christian hospitals for declining to perform abortions and Christian wedding vendors for declining to provide custom services for same-sex weddings; the military and State Department’s embrace of rainbow flags and other controversial symbols of the progressive worldview; the use of civil rights “guidance” to impose left-wing dogmas on public schools and private businesses; the use of government grants and loans to prop up politically aligned groups and promote ideologically aligned causes. The list goes on. 

In some cases, the Trump administration has used precisely the same tools Democrats were all too happy to wield a few years ago, but to accomplish different ends, and Democrats have suddenly cried foul. The point is that proponents of left-progressivism didn’t just win the battle of ideas fair and square, as we’re often told; they won in part by employing illiberal means that they immediately recognize as troubling when employed by their opponents.

While I’ll be first, second, and third in line to decry the current president’s shameless weaponization of our justice system, the left hasn’t exactly covered itself in glory in its pursuit of charges against Trump since 2020. When the eminent Harvard law professor Jack Goldsmith is penning op-eds in The New York Times to warn that your prosecutions may have ominous consequences for the body politic, some introspection is probably in order.

4. By Abandoning Free Speech and Other Liberal Values

I’m strongly of the belief that some people deserve to be “canceled,” inasmuch as private actors have every right to disassociate from people whose views or behavior they find abhorrent. The First Amendment protects our freedom to express ourselves without experiencing government censorship or retaliation; it doesn’t give us a right to access someone else’s platform or audience, and it certainly doesn’t mean we won’t face harsh criticism or even social ostracization as a result of our speech. 

Nonetheless, even without involving state power, it is obviously possible to take things too far. When students shout down campus speakers or activists otherwise disrupt events to the point of obstructing people who want to hear a message (or gather for some other purpose) from being able to do so, their behavior may not technically qualify as violence or coercion, but it is indisputably hostile to liberal values. Likewise when it comes to some of the more egregious examples of out-of-control cancellation mobs we’ve seen in the last decade or so. 

Private companies (unlike the state) are wholly within their rights when they take sides in the culture war. Yet they can’t then be surprised when people come to see them as hostile combatants and treat them accordingly. When Amazon chooses to pull a book on a controversial topic by a conservative scholar, or when social media platforms mobilize in lockstep to block a damning news story about a Democratic candidate’s son, they forfeit the trust and goodwill of a huge segment of the country. Their behavior, while legal, may still be tactically imprudent. Just look at what politicization of the public health field during COVID has wrought!

Worse, such actions contribute to the perception that every aspect of life needs to be viewed through a friend-vs.-enemy lens. That’s an idea that many voices on the radical right have been all too happy to embrace, since it helps them convince people to accept their enmity-fueled, “will-to-power” approach to politics.

None of this absolves the Groypers and others who have been seduced by the illiberal right from responsibility for their actions. But it’s next to impossible to convince people to lay down weapons that they have repeatedly seen turned against them. Trust me: I’ve been trying.

The president of the pro-Trump Claremont Institute, Ryan P. Williams, summed up his side’s position in a 2021 blog post when he wrote that “conformity with [left-wing] fads, in word and deed, is being fanatically enforced across civil society and by national and state governments.” He called on Americans to fight back by “wielding whatever levers of power are available,” legal or otherwise. 

“Will the other side abuse governmental power if the tables are turned?” Williams asked. “Of course, but that will happen regardless.”

It’s a very good thing that prominent figures such as Yglesias have begun drawing attention to the left’s illiberal turn. I welcome him to this cause. A story about the current crisis on the American right that doesn’t grapple with the role played by the American left is worse than incomplete; it empowers the voices who say that politics will never be anything other than an all-out war for tribal domination, so we’d better just act like it. Liberalism offers an alternative, but it requires a lot more self-awareness from people on the left of center than we’ve seen so far.

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The Bipartisan War on Prices Is Coming for Your Credit Card


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In a scene that perfectly captures the strangeness of American politics today, President Donald Trump, a billionaire and self-styled champion of American business (at least the ones he likes) was all smiles during an Oval Office visit from Zohran Mamdani, the democratic socialist and mayor-elect of New York City.

For months, the two men traded the harshest of insults. Mamdani was a “communist” and “radical left lunatic”; Trump a “fascist” and “despot.” Yet with New York’s mayoral election over and cameras clicking, the insults were on hold. The men praised each other as “rational” and “productive.” Trump even joked that Mamdani might “surprise some conservative people.”

Give them points for collegiality, just don’t be surprised. Trump and Mamdani are only the latest example of the right and the left converging on economic issues. One likes price floors, the other likes rent control. They’re both waging the same “war on prices,” as the Cato Institute’s Ryan Bourne calls it. And this war enjoys rising bipartisan support.

Take legislation introduced earlier this year by what would have once been an unlikely duo: Sens. Josh Hawley (R–Mo.) and Bernie Sanders (I–Vt.). Their “10 Percent Credit Card Interest Rate Cap Act“—also reflecting a Trump idea from the 2024 campaign—sounds compassionate. Who enjoys paying 25 percent interest?

In practice, price controls of all sorts are disastrous. Credit card interest rates are high because unsecured consumer lending is very risky. They’re the price for the lender taking a chance on a person. If the government artificially caps rates far below the market rate, banks will stop lending to riskier borrowers. That doesn’t just mean broke shopaholics. It includes the working single parent using a financial last resort before payday.

Just as rent controls can create a housing shortage by reducing the attractiveness of supplying those homes, interest-rate caps can create a credit shortage. They put millions of working-class Americans—the people proposals like these are supposed to protect—at risk of being “debanked.” Stripped of their credit cards, some will turn to payday lenders, loan sharks, and pawn shops, whose charges are far higher.

It gets worse. A cap this low wouldn’t merely shrink credit availability; it would invert it. At 10 percent, banks would only lend to the safest, highest-income borrowers. Credit cards would become a luxury product for the affluent—a financial advantage while everyone else is pushed into the financial shadows.

Then there’s the fact that millions of small businesses rely on credit cards. According to a Federal Reserve survey of small businesses, half of employer firms use them to fund operations. Cards function as unsecured working-capital lines for firms that lack collateral or a long credit history. A 10 percent cap would push them toward far costlier and riskier alternatives.

And forget about travel miles or cash back. Those programs are funded by interest charges, which a 10 percent cap would wipe out. When lenders cannot price risk through market rates, they shift the cost to higher fees, shorter grace periods, and more hidden charges. Consumers don’t necessarily pay less; they just pay differently and more opaquely.

Finally, because credit cards are the primary way tens of millions of Americans build credit histories, a cap would destroy a crucial ladder into the financial mainstream.

It would be comical if it weren’t so harmful. A policy sold as pro-worker could lock millions of workers out of the modern credit economy and transform a household staple into something available only to those with the least need for consumer credit.

Hawley and Sanders rail against credit card companies as “loan sharks” for charging 25 percent interest. As Dominic Pino pointed out a few months ago at National Review, many of their closest political allies in organized labor offer their own members branded credit cards at 15 percent, 20 percent, or even 28 percent.

At the time, the AFL-CIO’s “Union Plus” Mastercard ranged up to 25.15 percent. The National Education Association’s card reached 28.24 percent. Service Employees International Union (SEIU) members could get a card at 28.99 percent. The Teamsters’ card charged 27.49 percent, and Capital One paid the union more than $4 million in royalties to promote it. If 10 percent is the moral ceiling, it’s not just credit card companies who are guilty.

The strange new alliance between democratic socialists and nationalist populists isn’t a sign of political healing. It’s a sign that people have lost their grip on basic economics. They’ve decided that markets can be bullied, risk forbidden, and prices commanded into submission. But magical thinking still produces real-world shortages when put into practice.

If this is the new bipartisan consensus, the worst thing being capped is common sense.

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