1968—What does Chief Justice Earl Warren do when he encounters a 45-year-old precedent that has stood (in his own words) as an “impenetrable barrier” to suits by federal taxpayers (in their capacity as taxpayers) challenging the constitutionality of the uses for which Congress has authorized the expenditure of public funds? In Flast v. Cohen, Warren’s majority opinion for eight justices concocts an unprincipled, ad hoc exception for taxpayer suits challenging federal spending on Establishment Clause grounds.
Biden’s argument that racial animus is an omnipresent force in American life only sows discord and makes reforms harder to achieve.
Thirty-five years later, there is much to learn from one of the most enduring and poignant presidential addresses and how it came to be.
Biden’s trans policies are ‘doing nobody any favors,’ says Scott Newgent.
If he treated the issue as more than an occasion for taxpayer-funded political patronage, he might actually get somewhere.
Economic nationalism has become the new ‘Washington Consensus.’
Presto: Nothing the president can do about COVID deaths! And don’t even think about a special counsel to investigate collusion or quid pro quos.