David B. McGarry
As Republicans ride triumphantly into the 119th Congress, they confront a choice on technology policy: free markets and free speech, or heavy-handed, censorial technocracy. On most issues, the GOP ranks stand united against the sorts of overspending and central planning…
Earlier this month, in National Rifle Association (NRA) v. Vullo, the gun-rights organization won a landmark victory at the Supreme Court. Given the Court’s conservative majority, a casual court-watcher might find this unsurprising. Less intuitively, the NRA received legal representation…
The federal government’s informal censorship campaigns against Americans’ online speech have justifiably ignited public outrage. Extensive reporting, as well as a lawsuit now before the Supreme Court, have revealed that the federal government cajoled and coordinated with social-media platforms to…
At the Supreme Court, the legal doctrines of textualism and originalism have featured prominently in several recent majority opinions. Many opinions have structurally weakened the capital-p Progressive administrative state. These legal doctrines say, respectively, that judges ought to rule consistently…
The 5th U.S. Circuit Court of Appeals has stayed District Judge’s Terry A. Doughty’s July 4 injunction in the free speech case Missouri v. Biden. This injunction forbade vast swaths of the Biden administration from urging social media platforms to remove or deprioritize users’ lawful…
Last week, the Supreme Court ruled unanimously against the notion that online platforms that incidentally host terrorist-made content have aided and abetted terroristic violence. In asserting the contrary, parties in Twitter v. Taamneh — and those in its companion case…
Rudimentary U.S. civics courses teach that the federal government has three branches: executive, legislative, and judicial. Each possesses a distinct power set. In Article III, the Constitution vests in the courts the bulk of judiciary authority. These fundamental facts of America’s…
Summer travel season is about to ramp up, putting significant pressure on America’s airline industry. However, airlines are already feeling the heat of the Biden administration, caught squarely in the crosshairs of its zealous “big is bad” approach to competition…
BlackRock, a premier investment manager committed to so-called environmental, social, and governance (ESG) goals, faces a rocky end to a rocky year. This month, the state treasurer of North Carolina requested CEO Larry Fink’s resignation and, to make matters worse,…
Like a battered boxer, the vape manufacturer Juul has managed to survive to the bell and will go another round with the Food and Drug Administration (FDA). The company recently locked down the necessary cash to avoid chapter 11 bankruptcy,…
