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CEI Issues Report on the Nation’s Six Worst State Attorneys General
Today, CEI issued another of its periodic “worst state attorney general” lists, in a lengthy report explaining why those attorneys general received that dubious distinction. (Previous …
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Feds Double Down on Failed Affordable Housing Mandates
Federal affordable housing mandates do little to increase homeownership rates, but they did help cause a devastating financial crisis in 2008 by encouraging risky lending. Yet the Federal…
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Is President Obama’s Energy Wish Coming True?
In a January 17, 2008, interview with the San Francisco Chronicle, then-Senator Obama said that “electricity rates would necessarily skyrocket” under his plan to…
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Dodd-Frank Act Strangles Small Banks
The 2010 Dodd-Frank Act was enacted partly to end “too-big-to-fail” banks, but it has done quite the opposite. It has curbed competition with big banks…
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Dodd-Frank’s Conflict-Minerals Rule Increases Violence in the Congo
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HUD’s “Affirmatively Furthering Fair Housing” Rule Is about Social Engineering, Not Desegregation
Failure to meet a racial quota is not the same thing as segregation. That basic fact has eluded the federal Department of Housing and Urban…
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EEOC Legislates New Federal Ban on Discrimination Based on Sexual Orientation
When Congress declines to pass a law that would expand an agency’s powers, the agency will sometimes respond by making up the law on its own.
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Federal Financial Aid Drives Up Tuition and College Costs, Study Finds
The federal government is now admitting that its own financial aid is partly to blame for rising tuition, reports Blake Neff in The Daily Caller:…
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Supreme Court Expands Power of Trial Lawyers Over Elections in Arizona Ruling
The Supreme Court’s recent healthcare decision in King v. Burwell wasn’t the only case in which it twisted clear statutory or constitutional language in order to protect…
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Supreme Court Ruling that Fair Housing Act Bans Disparate Impact Creates Confusion and Uncertainty
The Supreme Court’s June 25 decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. creates confusion and uncertainty in multiple respects. In…
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Dodd-Frank Conflict Minerals Rules Cause Smuggling, Starvation, and Harm to U.S. Businesses
The 2010 Dodd-Frank Act effectively restricted U.S. business’s ability to obtain minerals from the war-torn nation of the Congo and surrounding countries. That caused massive …
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Obama Administration Pressures Colleges to Adopt Unconstitutional Speech Codes
Under the Obama administration, the Education Department has pressured schools and colleges to restrict speech, including off campus speech, even when it is protected by the…
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DOJ vs. Reason.com Commenters: When Everything Is Deemed a “Threat”
The Supreme Court has said that true threats can be banned without violating the First Amendment, but that doesn’t mean that hyperbolic rants are unprotected…
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Fourth Circuit Flouts Appellate, Evidence, and Class-Action Rules in Brown v. Nucor Corp.
In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively…
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Welfare Recipients Relabeled As “Workers” Despite Doing Little or No Work
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President Again Makes False Claims about Supreme Court’s Ledbetter Decision
On April 15, President Obama once again made false claims about what the Supreme Court did in its decision in Ledbetter v. Goodyear Tire &…
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The “Draw Muhammad” Contest and the Futility of Trying to Correct Journalistic Mistakes about the Law
Journalists often not only get the law wrong, but then have the audacity to smugly talk down to people who attempt to correct them (usually…
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Deceptive Discrimination Laws
Discrimination may be bad for business, but that doesn’t mean laws banning discrimination are good for business. Often, these laws are like the proverbial Trojan…
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New York Times Clings to Discredited Legal Myths about Corporate Personhood
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Pay Discrimination Myths from the AAUW
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Anti-Business Myths Pervade Reporting on Religious Freedom Legislation
Sometimes, the media propagates anti-business myths, in the course of reporting on legislation that has little impact on business. So it is with its recent reporting…
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Is Ferguson “the Norm”? In Some Ways, Yes
Recently, the Justice Department issued a report that was very critical of the Ferguson police department and courts. In response, President Obama stated that “he doesn't believe…
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When Regulations Undermine Justice and Due Process
Recently, I participated in a March 13 panel discussion at the National Press Club titled “Bringing an End to Second-Class Justice,” discussing how federal micromanagement…
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Civil Rights Commissioners Oppose Budget Increase for Education Department’s Office for Civil Rights
On February 26, two members of the U.S. Commission on Civil Rights, Gail Heriot and Peter Kirsanow, wrote to the chairmen of the congressional appropriations committees, to…
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University of California Dean: Academic Freedom Makes Students “Feel Unsafe”
Recently, the dean of the School of Social Welfare at the University of California at Berkeley condemned a professor’s constitutionally protected remarks, including but not limited…
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Another Illegal Rule from the Education Department
Recently, I wrote about a report to the Senate by a task force of college presidents, on how the Education Department is illegally dumping an avalanche of new…
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Education Department Floods Schools with New Uncodified Bureaucratic Mandates
Recently, a task force of college presidents chronicled massive regulatory overreaching by the U.S. Department of Education, which, on a daily basis, floods the nation’s…
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NPR Wrongly Suggests Hate Speech and Blasphemy Are Unprotected by First Amendment
NPR gets a lot of taxpayer money based on a false pretense of objectivity and accuracy. Its departing ombudsman, Edward Schumacher-Matos, says that “as a public…
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Congress Should Reject Obama Budget Increase for Education Department Office for Civil Rights
The Obama administration perversely rewards agencies that overstep their authority by giving them budget increases to handle the increased workload that results. A classic example…
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Obama Administration Learned Nothing from 2008 Financial Crisis, Mortgage Expert Says
Ed Pinto had a depressing and revealing op-ed in The Wall Street Journal Friday about how the Obama administration is artificially creating markets for risky mortgages, using…
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Study: Cutting Unemployment Benefits Boosted Hiring
President Obama’s policies reduced employment and slowed America’s economic recovery by discouraging people from working. The Congressional Budget Office says Obamacare will shrink employment by around …
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Did Slanted NPR Story Lead to Hasty, Illegal Education Department Sexual Harassment Rules?
Bad things can happen when an agency (like the Education Department) throws caution to the wind and regulates based on slanted media coverage from National…
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Obama Seeks More Double Taxation and Job-Killing Taxes in State of the Union Address
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Terrorist Attack on Charlie Hebdo Reveals the Sorry State of Free Speech in the West
My wife Sylvie, who grew up in France, is terribly shocked about yesterday’s terrorist attack on the French satirical weekly Charlie Hebdo, which murdered 12 people, including…
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Bureaucrats Demand That Harvard Parrot Their Uncodified Views about Sexual Harassment
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Central “Planning” Often Creates Disorder, While the Free Market Provides Consistency
Government planning often contains contradictory elements that provide inconsistent signals for regulated entities about how to behave. For example, the New Deal of the 1930s…
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Dodd-Frank’s Conflict Minerals Rules Increase Misery
Earlier, we wrote about the misery inflicted upon the Congo and millions of desperately poor people by the 2010 Dodd-Frank Act’s “conflict minerals” provisions. A…
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Taxpayer-Funded Green Ministries in Prince George’s County Violate the Constitution
Reporters like separation of church and state, unless it’s progressives violating it. Then, they lose interest in the concept. A recent Washington Post story cheerily reported on churches…
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Biased Anti-Bias Regulations
Anti-bias regulations are sometimes biased and at odds with civil liberties. The Cato Institute’s Walter Olson gives a recent example from a left-leaning region in Spain:…
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Minneapolis Adopts Unconstitutional Racial Quotas in School Discipline
Given a choice between following the law, and doing what a bureaucrat with power over them wants, many people will do what the bureaucrat wants,…
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Voters Approve Minimum Wage Hikes
As pollsters predicted, voters approved increases in state-level minimum wages in four states (Alaska, Arkansas, Nebraska, and South Dakota), although to levels less than the increase…
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Education Department Harassment Rules Metastasize through Administrative Fiat
The Education Department’s Office for Civil Rights (OCR), where I used to work, today declared that schools can be liable for bullying (or anything else)…
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Federal Obamacare Officials Once Recognized the Falsity of Their Current Argument about Tax Credits
The Obama administration has claimed that despite recurring language in the Obamacare law limiting tax credits to people who buy insurance on an “exchange established…
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Feds Apply Double Standards against Private Employers
Government contractors could face a financial death sentence over labor law, civil-rights law, or wage-and-hour law violations under a recent Obama executive order I discussed…
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Taxpayers to Subsidize “Ministry of Truthiness”
The Washington Free Beacon reports: The federal government is spending nearly $1 million to create an online database that will track “misinformation” and…
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Obama “Fair Pay and Safe Workplaces” Executive Order Will Punish Firms in Pro-Worker States
Earlier, we discussed President Obama’s recent Executive Order 13,673, which “will allow trial lawyers to extort larger settlements from companies, and enable bureaucratic agencies to extract …
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Duplicative New Affirmative-Action Rule Drives Up Taxpayer Costs and Restricts Competition
Does it make sense to require a park campground operator that has a few hundred employees at 120 different locations to come up with 120…
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Executive Order Pressures Employers to Capitulate to Baseless Demands and Meritless Claims
A July 31 executive order from President Obama, E.O. 13,673, will make it very costly for employers to challenge dubious allegations of wrongdoing against them,…
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Due Process Eroded by Bills like CASA That Let Agencies Keep Fines They Impose
Due process is being eroded by recent bills that would authorize agencies to impose massive fines on regulated industries, and then keep those fines for…
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Federal Official Says Campus Speech Should Be Restricted to Protect Young People’s Brains
U.S. Civil Rights Commission member Michael Yaki says that speech on college campuses should be restricted to protect young people’s developing brains. This is yet…
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Federal Official Says Campus Speech Should Be Restricted to Protect Young People’s Brains
U.S. Civil Rights Commission member Michael Yaki says that speech on college campuses should be restricted to protect young people’s developing brains. This is yet…
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Fraud Rampant and Unpoliced on Obamacare Health Insurance Exchanges
Almost anyone can fraudulently obtain taxpayer subsidies to cover most of the cost of their health insurance on the Obamacare health insurance exchanges. That’s the…
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Your Tax Dollars at Work: Justice Department Investigates Anti-Obama Parade Float
The Justice Department has responded to an anti-Obama float in a parade by treating it as a “discrimination dispute” necessitating federal intervention. One more…
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Greece’s Mythical Government Austerity: Big Government Stifles Economic Recovery
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Court Ruling Imminent in Challenge to Illegal Obamacare Exchange Subsidies
According to the explicit language in the Affordable Care Act, tax credits for purchasing federally-regulated health insurance on the “Obamacare” exchanges are only supposed…
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Puerto Rico Governor Vetoes Workplace Bullying Bill Passed by Legislature
Puerto Rico’s economy has been in recession for years, and its public utilities are on the verge of defaulting on their debts. Judging from a recent …
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New York Court Voids Cyberbullying Law, Thus Casting Doubt on Proposed Workplace Bullying Law
A law firm notes, “Since 2003, twenty-one states have introduced legislation to combat private workplace bullying but none have been passed into law.” However, a…
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Obama Drives Up Tuition at Taxpayer Expense by Expanding Pay As You Earn Program
If you wanted to encourage wastefully run colleges to ratchet up their tuition at taxpayer expense, you couldn’t come up with a better way than the…
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Supreme Court Rules in Favor of Hobby Lobby; Religious Businesses Can Invoke RFRA
In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court has ruled that it violates the Religious Freedom Restoration Act (RFRA) for the Department of…
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Unanimous Supreme Court Strikes Down Unconstitutional Obama “Recess” Appointments
Today, in NLRB v. Noel Canning, the Supreme Court unanimously struck down President Obama’s “recess” appointment of NLRB members during a non-existent recess, saying there has to be…
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IRS May Step Up Its Attack on Free Speech of Non-Profits
Earlier, we wrote about how proposed IRS regulations would gag 501(c)(4) groups—and potentially 501(c)(3) groups like think tanks as well—by redefining non-partisan, non-election-related criticism of government officials,…
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Senate Leaders Kill Patent Reform, Once again Thwarting Democracy to Protect Special Interests
Hundreds of moderate and conservative bills have passed the House of Representatives, often overwhelmingly, only to die in the Senate without even being voted…
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Punishment First, Trial Later, or Never: The Education Department’s Investigation of Tufts University
Imagine if you could be expelled from your dorm, or a class, just because someone accused you of something -- even if the accusation was…
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Attorney General’s School Discipline Push Will Backfire on Students and Reinforce Segregation and Zero Tolerance
In a speech Saturday, Attorney General Holder made a very ironic claim: blaming racial disparities in school discipline on "zero-tolerance" policies, even though such policies…
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Attorney General Holder’s Deceptive Attack on Chief Justice Roberts
In a speech this weekend, Attorney General Eric Holder said that "the way to stop discrimination on the basis of race is to speak openly…
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Failed Obamacare Exchanges and No-Work Contracts Drive up Obamacare Costs
Politico tallies the rising costs for "four failed Obamacare exchanges," reporting: Nearly half a billion dollars in federal money has been spent developing four …
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Insurance Premiums Rising More Due to Obamacare
There are "rate hikes for all" coming due to Obamacare, predicts The Daily Caller, citing state insurance filings: Virginians will see upped health insurance premiums…
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European “Right to Be Forgotten” Eats Free-Speech Rights of Google and Its Users’ Rights Too
In America, you can't invoke a "right to be forgotten" to suppress other people's speech on newsworthy (or even not-so-newsworthy) topics, as court rulings like…
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Massachusetts Seeks Millions More from Taxpayers as Its Obamacare Exchange Fails
Massachusetts' Obamacare exchange has failed, even though Massachusetts adopted an individual health-insurance mandate in 2006, and thus had a built-in advantage over other states in handling Obamacare's requirements.
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Washington, D.C., Imposes One Percent Obamacare Health Insurance Tax
The costs of Obamacare keep rising. The Council of the District of Columbia has imposed a one percent tax on all health insurance policies…
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Federal Financial Aid Policies Punish Marriage
At the economics website E21, Jared Meyer describes the massive marriage penalties found in student financial aid programs, and how federal…
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Operation Choke Point Targets Porn and Firearms, Potentially Violating the Constitution
In Operation Choke Point, the Justice Department is targeting lawful industries with investigations designed to inflict economic pain and…
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CEI Files Lawsuit against Office of Science and Technology Policy
Today, the Competitive Enterprise Institute sued the White House Office of Science and Technology Policy (OSTP) for flouting the Freedom of Information Act. CEI’s…
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Obama Administration Attacks Cross-Examination and Due Process Rights in Campus Guidance
Justice Brandeis once observed that “The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.” However…
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A Victory for Taxpayers and Equal Protection: Supreme Court Upholds Michigan’s Proposal 2
Taxpayers of all races pay more when government contracts are doled out based on race, rather than awarded to the lowest bidder. That's one reason…
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CEI Sues National Park Service and Interior Department under FOIA over Government Shutdown Documents
Last night, CEI filed suit against the United States Department of the Interior and the National Park Service for failing to produce documents in…
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CEI, Former State Department Officials Defend Freedom of Contract in Supreme Court Case against Argentina
[caption id="attachment_74355" align="alignright" width="300"] Argentina President Cristina Kirchner[/caption] Can a country seeking to welsh on its debts invoke sovereign immunity to evade not just court…
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Unconstitutionally Overbroad New Jersey Anti-Bullying Law Challenged; Reference To “Head Lice” Deemed “Bullying”
New Jersey's anti-bullying law, which applies to the state's schools and universities, is so overly broad that a fourth-grader was punished just for…
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EEOC Loses Hypocritical Lawsuit against Employer over Background Checks
"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So began a…
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Threatening Free Speech, New Jersey Court Allows Parents to Be Sued for Children’s Facebook Posts
Earlier, we wrote about a Wisconsin town whose ordinance holds parents liable for bullying by their children, including certain speech. We and law professor…
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CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
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Agencies Withhold Documents about Closures of Private Businesses in Government Shutdown
In last October's government shutdown, the Obama administration closed down, or blocked access to, many private businesses that had been allowed to operate in earlier…
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More Unfunded Mandates for Private Colleges: Activists Seek Restrictions on Campus Sex in California
Legislators impose all sorts of misguided or costly mandates on colleges and schools that harm young people directly or indirectly. California activists are now seeking…
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CEI Files Comments against IRS Proposed Rules That Would Illegally Restrict 501(C)(4) Speech
Today, CEI filed comments against the IRS’s proposed rules restricting speech by 501(c)(4) groups (which the IRS has suggested could be expanded in…
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The Bizarre, Slanted Coverage of Arizona’s SB 1062
Yesterday, Arizona Governor Jan Brewer vetoed a bill that would have made clear that the state's Religious Freedom Restoration Act (RFRA) applied not…
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Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
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Right to Free Speech Includes Offensive Speech
"The Wandering Dago food truck wants to park and sell food at various events on New York State property. The state says no, because the…
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More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
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Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
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State of the Union: More on the President’s Debunked Wage Gap Claim
Aloysius Hogan has already debunked the president's wage gap claim in his State of the Union Address in an earlier post, noting that labor…
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Obama Administration Undermines School Safety, Pressures Schools to Adopt Racial Quotas in Student Discipline
Crime rates are not the same across different racial categories, and student misconduct rates aren't, either. The Supreme Court ruled…
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Virginia Bill HB 933 Would Increase Excessive Child-Support Obligations by Ignoring Economic Realities
A bill introduced today in Virginia's House of Delegates would increase the state's child-support schedule. The bill, HB 933, would further increase child-support obligations…
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Bogus Rationale for Obamacare Still Being Peddled Even after Study Debunked It
"More bad news for Obamacare and its proponents. A new study from Oregon shows that" expanded Medicaid coverage “increased–rather than decreased–both the number of folks…
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No, Legislative Fixes to Obamacare Weren’t Blocked by the GOP
As Obamacare's implementation went badly enough that it was mocked by comedians on late-night TV, a search for excuses began. The result was the now…
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IRS Threatens to Curb Criticism of IRS and Bureaucratic Wrongdoing by 501(c)(3) and 501(c)(4) Groups
The IRS recently proposed rules “limiting political speech" by nonprofit 501(c)(4) groups. In Orwellian fashion, the proposed rules seek to redefine non-partisan, non-election-related criticism of government abuses as…
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Minimum Wage Increases Harm the Young, Unskilled, and Less Educated
Minimum wage increases eliminate some jobs. Real world examples abound. As a business owner explains: The minimum wage kills jobs. End of story. I am…
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Volcker Rule Curbs Useful, Profitable Proprietary Trading, Not Risky Lending
The government just approved a regulation called the Volcker Rule to curb proprietary trading by banks -- even though such trading did not cause the financial crisis,…
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President Pushes Welfare Rather than Opportunity and Social Mobility in Speech about Inequality
"President Obama on Wednesday declared that addressing income inequality would be the focus of 'all' of the White House’s efforts 'for the rest of…
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Senate Abolishes Filibuster, With Potentially Profound Implications for the Rule of Law
Yesterday, the Senate voted 52-48 to effectively abolish the filibuster for nominations to federal offices, such as federal appeals courts and trial courts, and cabinet departments. It used a tactic Senate…
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Obamacare Fallout Continues: Obamacare “Winner” Turns Out to Be a Loser Instead
"You screwed me over," says a woman cited by President Obama as an Obamacare success story. Jessica Sanford was used as a prop in the president's "…