Opinion

Court Misapplies First Amendment to Strike Down FDA Cigarette Warning Labels

A district court judge invents strict scrutiny requirement for commercial speech.

The Budget Roadmap to the Regulatory State

Obama’s 2013 budget reveals priorities for environment, financial reform, and health care.

A Pill Everyone Can Swallow

The FDA’s proposal to modernize generic drug approvals meets with broad support.

An Incomplete Contraceptive Coverage Compromise

Despite political assurances, nothing has changed legally in the contraceptive insurance controversy.

Taking Regulation Seriously

President Obama’s joke about spilled milk helps illustrate the need to understand how regulations actually work.

The Stakes in the Fracking Debate

Fracking holds great promise as a source of U.S. energy.

Judicially Enforced Notice-and-Comment Rulemaking Systematically Biases Results in Favor of Regulated Firms

The rulemaking process in the United States is slow and biased toward business.

Internet Companies’ Speech Does Not Deserve Special Treatment

It is inconsistent to support Wikipedia’s blackout while protesting the Supreme Court’s decision in Citizens United.

A Backwards Idea from the FCC

The public should not be required to submit copies of material cited in rulemaking comments.

The Need for a Judicial Check on Regulatory Compliance Orders

The Supreme Court should hold in favor of judicial review in Sackett v. EPA.

A Call for a Radical New Communications Policy

The FCC should regulate like antitrust agencies, providing competition-based ex post remedies.

Regulatory Opinion: Year in Review

The REINS Act, the ozone standard, regulatory reform, cost-benefit analysis, the Affordable Care Act, and Dodd-Frank, and more … as discussed in our top opinion posts from 2011.