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Missing the economists in FTC’s latest PBM study
The Federal Trade Commission (FTC) released its not-so-objectively titled interim report on Pharmacy Benefit Managers (PBMs): Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug…
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You have the right to a jury trial
The Supreme Court’s recent Jarkesy decision affirms that people have the right to a jury trial, even in regulatory agencies’ special in-house courts. My colleague…
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Supreme Court’s Jarkesy decision sheds light on the SEC’s hidden advantages
The Supreme Court’s momentous decision in SEC v Jarkesy provides us with a rare glimpse into the murky realm of administrative adjudication. Despite there being more…
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Small group of House members introduce pro-tax, anti-energy bill
The PROVE IT Act (S. 1863) is a pro-tax, anti-energy bill that, if passed, would lead to a carbon tax on imports…
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Anticipating post-Chevron federal power moves
In a series of landmark rulings just before Independence Day (SEC v. Jarkesy, Loper Bright Enterprises v. Raimondo, and Corner Post, Inc. v. Board of…
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The Supreme Court sends warning shot to NLRB
Only one of the Supreme Court’s cases this term dealt directly with the National Labor Relations Board (NLRB), but several addressed the broader question of…
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A rule for the Fed
The Washington Examiner is running a series of pieces on policies the next administration should pursue. My contribution details a way to contain inflation…
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Takeaways from Biden’s new Spring 2024 Unified Agenda of Federal Regulations
At the end of the July 4th holiday weekend, the Biden administration Office of Management and Budget (OMB) released the Spring 2024 edition of the…
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This week in ridiculous regulations: Coke ovens and stolen firearms
It was a short week in honor of Independence Day. Speculation swirled about President Biden’s political future. Agencies issued new regulations ranging from brominate vegetable…
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Free the Economy podcast: Taxocracy with Scott Hodge
In this week’s episode we cover how the SEC is going to spam investors with a deluge of low-quality disclosures, the Supreme Court’s…
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Could AI regulation hamper the next agricultural revolution?
Artificial intelligence (AI) is poised to revolutionize the agricultural industry, along with other sectors of the economy. Already, AI has reduced…
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Reflecting on independence: More than fireworks and barbecues
As we enjoy barbecues, fireworks, and parades on the Fourth of July, we also reflect upon the deeper significance of our nation’s Independence Day and…
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New Jersey moves to ban gas powered leaf blowers
In the latest example of the environmentalist cause going too far, the New Jersey State Senate has voted to move forward with a bill that…
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California’s Newsom grants exception to state law so restaurants can cope with other state law
California Governor Gavin Newsom signed legislation over the weekend that exempted restaurants in the Golden State from…
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USTR inconsistent in their application of new tariffs
I recently made comments on the United States Trade Representative’s (USTR) latest Section 301 tariffs, specifically those imposed on facemasks and steel and…
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CEI opposes SEC’s gag rule
The Securities and Exchange Commission does not like to be criticized. That’s not unusual. What is unusual is that the SEC includes a prohibition of…
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SCOTUS overrules Chevron Doctrine
The Supreme Court has spoken. “Chevron is overruled.” The 40-year-old Chevron decision had increased the level of judicial deference accorded to federal agencies to interpret…
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This week in ridiculous regulations: Rear impacts and hot air balloons
The Supreme Court issued its Jarkesy decision and restored the right to a jury trial in regulatory agencies’ in-house courts. President Biden and former…
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Can moderators ask debate questions that don’t presume a progressive policy agenda?
Numerous policy issues are shaping this year’s first presidential debate between Joe Biden and Donald Trump, as well as the entire campaign atmosphere. These include…
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Supreme Court protects the right to a jury trial – and the public from lawless agency fines
Today the Supreme Court issued a decision in SEC v. Jarkesy, one of the most significant civil rights cases in decades. This case is about…
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Biden’s pro-labor policies will linger past fall election
The Biden administration is trying to cement a pro-union labor policy into place for the next four years, even if likely Republican candidate Donald Trump…
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Free the Economy podcast: Protecting taxpayers with Tim Sandefur
In this week’s episode we cover the problems with the SEC’s new climate rule, the recent Supreme Court decision on income taxes,…
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Spam alert! A devastating outlook on the SEC’s final climate disclosure rule
I have a paper out today, exploring the Securities and Exchange Commission’s (SEC) landmark finalized climate disclosure rule and the many challenges it…
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CEI comments opposing destructive anti-merger rules from troubled FDIC
The Federal Deposit Insurance Corporation (FDIC) has been the subject of recent hearings and news reports regarding findings of a toxic workplace atmosphere of…
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Congress just passed legislation to greenlight nuclear energy
The Senate just passed the “Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act” (ADVANCE ACT), which was part of the “Fire Grants and Safety…
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Biden-era unfunded and funded mandates alike are co-opting state and local priorities
Policymakers are increasingly aware of the federal red tape burden on small businesses, but they should also recognize its emergent implications for state and…
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More thought goes into a coffee order than tariff rates
Tariffs are the hot new trend in Washington, and neither party can get enough. In the month of May alone, the Biden administration announced new…
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This week in ridiculous regulations: known mailers and medical gases
The Supreme Court issued an unfavorable but narrow decision in the Moore v. United States case about taxing income that was never received. CEI’s…
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SEC’s Orwellian surveillance system faces its greatest challenge yet
The Eleventh Circuit Court will soon decide whether the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously by proposing the first market-wide surveillance…
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Wi-Fi: A freedom and innovation success story
There’s a been a lot of bad news on the regulatory front lately with the FCC darkening broadband’s success with burdensome regulation. But let’s celebrate…
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Free the Economy podcast: Up from poverty with Josh Bandoch
In this week’s episode we cover pork-barrel spending in Congress, reform of federal guidance documents, restaurants with minimum age requirements, and…
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AEA launches major campaign against the PROVE IT Act
Our friends at the American Energy Alliance (AEA) have launched an important digital campaign against the PROVE IT Act (S.1863).The PROVE IT…
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The Surge: California train regulations, DOE lawsuits, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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Even SCOTUS liberal wing skeptical of NLRB moves
The most notable thing about the Supreme Court’s ruling last week against the National Labor Relations Board (NLRB) in Starbucks Corp.
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Everyone agrees we need more spectrum, so why is Congress making it complicated?
Politics prioritized over policy is de rigueur these days, but it shouldn’t be for spectrum auction reauthorization. The importance to the US economy and to…
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This week in ridiculous regulations: amplifiers and subsidized chickens
CEI’s Joel Zinberg released a new study on guidance document reform. The unemployment rate extended to 30 months its streak of being 4…
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Free the Economy podcast: Enlightened capitalism with Siri Terjesen
In this week’s episode we cover regulatory burdens on small businesses, common-sense solutions to poverty, a legal challenge to the TikTok…
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Three years of Chair Lina Khan’s unhinged FTC
Lina Khan’s appointment to the Federal Trade Commission (FTC) was meant to bring about significant change and a new direction for the independent agency. Before…
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Fed hold interest rates steady, balance sheet concerns remain
The Federal Reserve decided to hold interest rates steady at its June 11-12 meeting. This is good news, but the bigger story isn’t about…
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Technological limitations of California’s in-use locomotive rule
Like our cardiovascular system, freight trains work like arteries running 24/7 transporting bulk commodities and goods. This includes transporting everything from cardboard boxes for…
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Congress should heed GAO’s new regulatory reform recommendations
The Government Accountability Office (GAO) released a December 2023 report titled “Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of Legal…
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Yes, make tipping tax-free
Republican candidate Donald Trump’s proposal to make tips tax-free is a good idea, and not just because it will be a…
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The Surge: EPA’s new power plant rule, the PROVE IT Act, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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David Boaz, 1953-2024
It usually begins with Ayn Rand. In my case, it began with David Boaz. David, the Cato Institute’s longtime executive vice president, passed away…
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A brief look at the Senate’s proposed AI regulations
As new artificial intelligence (AI) models release and their capabilities grow, fears around artificial intelligence have begun to crop up as people wonder what AI…
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This week in ridiculous regulations: Texas pimplebacks and pension funds
The 60-legislative-day Congressional Review Act deadline has likely passed, unless Congress keeps an unusually busy election year schedule. As a result, rulemaking has slowed to…
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Free the Economy podcast: Economic facts and vibes with Joey Politano
In this week’s episode we cover advances in dentistry, the slow pace of EV charger deployment, a victory for free speech at…
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The inherent contradictions of unionized political campaigns
President Joe Biden is the first candidate expected to win their party’s presidential nomination with a unionized staff. Whether this is…
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The end of the ‘economically significant’ rule
Friends and allies in the liberty movement still often refer to high-cost regulations from the Biden administration as “economically significant” rules. What…
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Regulations hit small businesses and low-income households hardest
There are about 33.3 million small businesses in the United States, comprising 99.9 percent of all American businesses. About half of all employees work for…
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Three cheers for House efforts to defund climate-related foreign aid
House Republicans should be applauded for introducing an FY 2025 State Department appropriations bill that blocks climate change-related foreign aid. Specifically, the bill wouldn’t…
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21 cents worth of stupid in the Department of Energy’s latest stove proposal
The good news is that the Biden Department of Energy’s (DOE) latest proposed efficiency regulation for residential stoves is considerably less damaging to consumers…
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Conservatives oppose the PROVE IT Act
How does a federal tax on every aspect of our lives sound? How about punishing energy use?It’s probably safe to say that most people think…
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The federal government’s shift toward controlling small business
Recent proclamations by the Biden administration have revealed a worrying shift in the federal government’s attitude toward America’s small businesses. In a new column…
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Unions outdo Donald Trump in crying foul over election losses
The US labor movement is rivaled only by Donald Trump when it comes to throwing out claims of election fraud. Like the Republican presidential candidate,…
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This week in ridiculous regulations: food hazards and powerline permits
Donald Trump was convicted of 34 felonies in his hush money case. Apparently nothing else of note happened all week, since that was the only…
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Freddie Mac second mortgage funding could foment financial crisis
The 2008 mortgage meltdown and financial crisis never fails to be invoked whenever there is any pushback to excessive financial regulation. Progressives regularly bring up…
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Are ‘loser’ states responsible for the US trade deficit?
Both presidential candidates have promised that greater trade restrictions will be on the way if they win. Biden has recently placed…
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When emergency declarations become the emergency
Crises and economic shocks have a history of abuse. Few are aware that there are 31 declared and ongoing national emergencies, with some active…
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Free the Economy podcast: Capitalism and the historians with Phil Magness
In this week’s episode we cover the prospect of Inflation Reduction Act 2.0, rising consumer confidence, the perils of stress bragging,…
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New bill would increase spending transparency, more regulatory transparency needed
Galileo may not have uttered the famous words, “Measure what is measurable, and make measurable what is not so,” but the sentiment behind that admonition…
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Wind subsidies are rising, but wind power production isn’t
New data recently released by the Energy Information Administration (EIA) shows a decrease in wind power production in 2023. Despite record highs in installed wind capacity…
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This week in ridiculous regulations: electric programs and EV powertrains
The midnight rush to beat the 60-legislative-day deadline for possible Congressional Review Act repeals appears to be slowing down, but Federal Register activity is still…
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Fewer Memorial Day gimmicks, more oil production will bring down gasoline prices
The Biden administration treats high gasoline prices as a public relations problem rather than a real hardship for millions of Americans, hence the gimmicky announcement…
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Biden’s oil and gas production problem
The Biden administration has an oil and gas production problem—and it’s not what you might think. The problem is that production is higher than ever,…
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Free the Economy podcast: Giving for a cause with Peter Lipsett
In this week’s episode we cover attitudes toward social media companies, the guerilla war over ESG investing, YIMBY housing reforms in…
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New CEI book: Adam Smith’s guide to life, loveliness, and the modern economy
Adam Smith is 300 years old, and CEI is 40 years old. To celebrate this dual milestone, I edited an essay collection about Adam…
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Has ESG gone guerrilla warfare?
There has been much discussion recently over declining institutional support for environmental, social, and governance (ESG) investing theory. Many indications suggest that US shareholders…
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This week in ridiculous regulations: Drain tiles and garbage fires
Inflation remains stubbornly high. President Biden announced a round of tariffs on EVs, solar panels, and medical supplies from China. The Biden administration also…
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UAW revival gets flat tire in Alabama
The United Auto Workers (UAW) on Friday lost a high-profile bid to organize 5,000 Mercedes-Benz workers in a plant near Tuscaloosa, Alabama. The loss…
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Three strikes against Biden EV tariffs
Over at the syndicate InsideSources, I have an op-ed explaining three problems with President Biden’s new tariffs on $18 billion worth of EVs, solar…
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Free the Economy podcast: Liberty movement jobs with Claire Kittle Dixon
In this week’s episode we cover the war on prices, the great un-wokening of corporate America, the attack on credit card…
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UAW loses 13,000 members
The United Auto Workers (UAW) lost 13,000 members in the last year, according to filings the union made to the Labor Department. The UAW said…
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R.I.P. Roger Corman, Filmmaker and Free Marketer
American cinema lost one of its great entrepreneurs last week when producer and director Roger Corman died at age 98. In a career that…
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Navigating the maze of federal regulations in 2024: What to know
In a bureaucratic whirlwind, the 2024 Federal Register is attaining new heights, topping 41,000 pages today. An unsettling new norm for the past few weeks…
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This week in ridiculous regulations: Housing subsidies and non-compete clauses
The Federal Register had what may have been its first 4,000-page week. It is on pace to exceed 112,000 pages for the year, or more…
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In spite of burdensome regulation, Georgia opens new nuclear reactor
Georgia’s new nuclear reactor is a long time coming. Plant Vogtle Unit 4 began producing commercial power on April 29th. This follows the opening of …
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The Surge: Clean Power Plan 2.0 and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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The CHIPS and Science Act: A potential regulatory issue
Industrial policy is back with a bang. The COVID-19 pandemic revealed vulnerabilities in global supply chains, prompting intense debates in Congress about government’s role in…
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Free trade or be scrapped: IPEF’s trade pillar
The Biden administration offered a major trade initiative aimed at expanding America’s trade partners and countering China’s economic influence over its neighbors. The Indo-Pacific Economic…
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Want higher air fares? Overregulate credit cards
This morning, the Consumer Financial Protection Bureau and the Department of Transportation are holding a joint hearing “investigating” airline and credit card reward programs.
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Free the Economy podcast: Technology and politics with Corbin Barthold
In this week’s episode we cover bringing your parents to a job interview, the case against a universal basic income, and why…
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NLRB seeks to revoke First Amendment for management.
The National Labor Relations Board (NLRB) last week sent a warning that literally anything management says about a union organizing bid…
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Time to end China’s “developing nation” dodge on climate treaties
China’s newly-appointed Special Envoy for Climate Change, Liu Zhenmin, will soon meet for the first time with his American counterpart, John Podesta. One of…
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How a carefully planned strategy can persuade a skeptical judiciary
Former FTC Bureau of Consumer Protection Director Howard Beales and former FTC Chairman Timothy J. Muris co-authored a new CEI paper contrasting the radical…
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House bill fights appliance regulatory overreach
The American people face a wave of new federal appliance regulations, and all of them are bad. But this week, the House of Representatives will…
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This week in ridiculous regulations: government space innovation and pear marketing
Regulators had another busy week leading up to the likely Congressional Review Act deadline. Agencies issued new regulations ranging from bird harvests to partially hydrogenated…
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Biden’s veto of joint employer rule CRA a blow to small businesses
President Biden’s veto Friday of a Congressional Review Act (CRA) bill rolling back the National Labor Relations Board’s (NLRB) “joint employer”…
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How SAFER Banking Act poses new dangers to marijuana and other legal industries
Marijuana has been in the news lately, and the news seems to be overwhelmingly favorable to the industry in terms of reducing uncertainty as to…
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House GOP prepares CRA resolutions against Biden climate-risk rules, including SEC climate disclosure rule
Members of the House Financial Services Committee have passed four Congressional Review Act (CRA) resolutions targeting four Biden-era climate-risk rulemakings. Among these is a…
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Free the Economy podcast: Technology and society with Will Rinehart
In this week’s episode we cover nuclear radiation, luxury handbags, rent control in Maryland, net neutrality, and fighting malaria…
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Fed flirts with stimulus
As expected, the Federal Reserve signaled its commitment to fighting inflation by holding interest rates steady at this week’s Federal Open Market Committee meeting. It…
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Distinguished guests celebrate liberty movement jubilee
I recently returned to D.C. from Tampa, Florida, where I attended the 60th anniversary meeting (“Diamond Jubilee”) of the Philadelphia Society. For those who…
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Myths and facts about the PROVE IT Act
Myth: Supporting the PROVE IT Act (S. 1863) does not mean support for carbon taxes.Fact: Many bill supporters readily acknowledge that it will…
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New FDA lab tests rule could bankrupt small labs
Yesterday the Food and Drug Administration (FDA) announced that on May 6 it will promulgate a rule under its authority to regulate medical devices.
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Why policymakers should reject the PROVE IT Act: It’s a pro-tax, anti-energy bill
The PROVE IT Act (S. 1863) requires the collection and regular updating of the carbon intensity of domestic and foreign goods. It establishes the…
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California’s $20 fast food worker minimum wage a regressive tax
California’s new $20 an hour minimum wage for fast food restaurants has turned into a regressive tax on the state’s low-income residents. People who wanted…
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FDA makes lab test power play
The Food and Drug Administration has just released its long anticipated final rule that explicitly asserts its claim of authority to regulate laboratory-developed-tests (LDTs)—tests that are designed, manufactured,…
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Subsidy-free capitalism may require a constitutional amendment
Automobiles, electrification, ample consumer goods and mass marketing, a construction boom, and access to credit helped fuel the Roaring Twenties of a century ago.
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Why the PROVE IT Act would result in carbon taxes
The PROVE IT Act (S. 1863) is not a benign information collection bill on the carbon intensity of domestic and foreign goods. Instead, it…