Why the Fifth Circuit Keeps Making Such Outlandish Decisions

Where to even start in cataloging the most ridiculous—and alarming—recent rulings to come out of the U.S. Court of Appeals for the Fifth Circuit? There’s a case about whether a class action could go forward that boiled down to a dispute among three Fifth Circuit judges over the meaning of a Bible verse. There’s a case in which the Fifth Circuit allowed three doctors to sue the FDA over a tweet intended to discourage ivermectin use that read, “You are not a horse. You are not a cow. Seriously, y’all.…

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How about evidence-based policy making not just for you, but for Congress?

A bipartisan resolution aims to bring more evidence-based policy making to Congress. It would establish a commission to, in the words of the sponsors, “facilitate the integration of robust data in the legislative process.” For more about what that would do, Federal Drive with Tom Temin talks with one of the main backers of the resolution, Rep. Derek Kilmer (D-Wash.) Interview Transcript:  Tom Temin And tell us exactly what you envisioned for a commission to establish evidence-based policymaking on the Hill. Derek Kilmer Let’s just start with the problem statement,…

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Supreme Court Unwisely Lets Biden End Program Making Illegal Aliens Remain in Mexico

As the U.S. southern border is being overrun with record numbers of illegal aliens month after month, the U.S. Supreme Court on Thursday approved the Biden administration’s termination of the successful Remain in Mexico program in a 5-4 decision by Chief Justice John Roberts and joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh. The decision will further aggravate a dire border crisis, created by the administration’s open-border policies. The Remain in Mexico program (formally known as the Migration Protection Protocols) was implemented by the Trump administration…

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18 More Federal Agencies Eye Making Vaccine Religious-Objector Lists

This week, we revealed that an obscure federal agency plans to keep lists of the “personal religious information” employees who had religious objections to the federal employee vaccine mandate. As it turns out, the little-known Pre-trial Services Agency for the District of Columbia isn’t the only federal agency involved. As we feared, a whole-of-government effort looks to be underway. A little digging at the Federal Register revealed that there are at least 19 total federal agencies—including five cabinet level agencies—that have created or proposed to create these tracking lists for…

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Trump Is Making the Midterms a Referendum on Himself

When the 2022 midterm elections are appraised less than a year from now, the Washington commentariat will in all likelihood render them to have been a devastating blow to Joe Biden’s presidency. Barring a historic anomaly, Democrats will have lost at least one chamber of Congress, Biden’s remaining legislative goals will be placed on life support, and the growing anguish over the party’s 2024 presidential nominee will transform into a panic. Yet even sooner than that, a slice of the most reliable voters will also deliver a tangible verdict on…

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