Opinion

The Weaponization of the Congressional Review Act in 2025

The Weaponization of the Congressional Review Act in 2025

Congress’s expanded use of its oversight mechanism threatens the stability of agency action.

Competition Powers Growth and Affordable Electricity

Competition Powers Growth and Affordable Electricity

Effective antitrust enforcement in the electricity sector can promote competition and protect consumers’ interests.

President Trump Says Never Mind on the National Guard

President Trump Says Never Mind on the National Guard

A recent case concerning the National Guard may signal growing Supreme Court skepticism of President Trump’s appeals.

The Regulatory Rule of Law and Reasoned Decision-Making

The Regulatory Rule of Law and Reasoned Decision-Making

The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.

Some Doubts About the Duty of Reasoned Decision-Making

Some Doubts About the Duty of Reasoned Decision-Making

The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.

Substance, Procedure, Reasoned Decision-Making, and the President

Substance, Procedure, Reasoned Decision-Making, and the President

Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.

The Future of the Duty to Engage in Reasoned Decision-Making

The Future of the Duty to Engage in Reasoned Decision-Making

The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making

The Silent Ethylene Oxide Emergency

The Silent Ethylene Oxide Emergency

OSHA’s outdated standards endanger American workers by failing to limit ethylene oxide exposure.

Permit Transparency in Virginia

Permit Transparency in Virginia

Permitting reforms in Virginia can inspire greater efficiency and transparency in other jurisdictions.

The Hidden Bitcoin Leverage Trap

The Hidden Bitcoin Leverage Trap

Bitcoin treasury companies amplify risk for pension funds and challenge fiduciary duties.

A New State and Federal Compact for Artificial Intelligence

A New State and Federal Compact for Artificial Intelligence

Effective AI governance demands strong federal standards that preserve state authority.

Netflix’s $5.8 Billion Breakup Fee

Netflix’s $5.8 Billion Breakup Fee

Breakup fees should be taxed as ordinary expenses to encourage market activity.