Wednesday, May 13, 2026

Trump Is Addressing Grocery Gouging the Right Way. Democrats Aren’t.


When President Trump called “affordability” a “hoax,” Democrats believed he handed them the perfect message for the midterms:

“You’re struggling to afford food. Trump doesn’t care.”

They’re wrong. 

In reality, Trump wasn’t dismissing the economic pain millions of Americans still feel. He was expressing disbelief at how Democrats were framing the affordability issue.

He’s right: It took a lot of gall for Democrats to cast themselves as champions of affordability after advancing Biden policies that sent inflation to a 40-year high and raised grocery prices by over 23% in just four years.

Since last January, Trump’s agenda has kept inflation in check, delivered bigger paychecks and tax refunds, and removed millions of illegal immigrants who were driving up housing costs and holding down wages. But the damage Biden caused can’t be undone overnight.

Americans are still wincing at the supermarket checkout counter, and Trump knows voters will take that frustration out on Republicans unless he delivers relief quickly. The temporary spike in gas prices caused by the war with Iran only adds to the urgency.

One way Trump can reassure voters that he’s working to bring down food costs is by using antitrust enforcement to target industry abuses.

On April 14, the Federal Trade Commission opened its public comment periodfor a proposed rule that would crack down on hidden fees charged by online grocery delivery services. Around one-fifth of American households buy groceries online. If they’re being ripped off, they deserve to know about it, to be made whole, and to be protected from similar exploitation in the future.

Then, a few days later, The Wall Street Journal reported that the Justice Department was preparing to file a lawsuit accusing some of the nation’s largest egg producers of price collusion. Over the past year-and-a-half, the price of eggs has become more politically contentious than that of any other grocery store staple. Showing voters that he’s serious about bringing them down will buy Trump a lot of goodwill.

Industry abuses like these are real and harmful, but they demand precise, measured responses like the ones FTC and DOJ are pursuing. Government interventions in the market can have disastrous outcomes when they fail to account for unintended consequences and second-order effects. 

But when voters worry about the cost of living, it tempts politicians to blame the entire problem on “corporate greed” and to propose broad, reckless solutions that would only make things worse.

Democrats, who are out of power and under no pressure to deliver actual results, have fully succumbed to this temptation.

A perfect example of this reality-free messaging is the Fair Prices for Local Businesses Act, which Sen. Chris Murphy (D-CT) introduced in March.

A press release from Murphy’s office promises that the bill would “bring down prices for American families and support small businesses by cracking down on corporate price discrimination.”

That sounds great until you find out what it would actually do: threaten many companies, like grocery stores, with legal action if they negotiate bulk discounts with their suppliers.

For everyone other than Murphy and his co-sponsors, this practice is just common sense: Costco and Wal-Mart pay less because they buy more — and then pass those savings on to shoppers. Murphy’s bill would threaten those practices and risk driving up prices for millions of Americans.

Suppliers facing such threats tend to “respond rationally,” antitrust expert Alden Abbott explains. “[T]hey refuse to offer discounts, adopt rigid uniform pricing, and sometimes stop dealing with small purchasers altogether—the very businesses the statute was meant to protect.”

Under Biden, the FTC tried to use lawsuits to achieve the same outcome Murphy is pursuing through legislation. Thankfully, the current administration realizes the folly of that pursuit. Trump-appointed FTC Chair Andrew Ferguson has already dropped the Biden-era bulk pricing case against Pepsi and is likely to drop the last remaining one — which targets liquor distributor Southern Glazer’s — very soon. 

Murphy knows his bill has no chance of becoming law, and he probably knows it would be counterproductive if it did. But none of that matters. All he cares about is slamming the administration on grocery prices and showing that he’s willing to propose “bold solutions” — even if they’d never work in real life.

Equally reckless is the attempt by Iowa state Rep. Josh Turek, the likely Democratic nominee for his state’s open Senate seat, to revive Kamala Harris’ plan for grocery price controls. 

The second bullet point on Turek’s website promises a “federal ban on price gouging on food.” He leaves the definition of “price gouging” conveniently vague, but assures Iowans that banning it will make groceries cheaper. History shows that these arbitrary price caps do the exact opposite, but again, that’s not important to Turek. He doesn’t need to bring down grocery prices. He just needs to win an election.

President Trump is tackling the root causes of high grocery costs, like inflation and low wage growth, while taking on industry abuses where they actually exist.

Democrats, on the other hand, are making grandiose campaign promises that, if actually implemented, would devastate the food industry and leave Americans worse off than they were at the beginning of Trump’s second term. It seems like they’ll say anything to get elected. Let’s just hope they don’t mean it.


Podcast thread for May 13

 


Try not to be too paranoid about everything.

Ignoring Iran’s Expanding Proxy Network


There are moments in American foreign policy when the warning signs are flashing so brightly that failing to act becomes its own form of negligence.

This is one of those moments.

Senator Ted Cruz and his fellow sponsors of S. 4063 are not engaging in political theater. They are responding to a gathering national security threat that too many in Washington have either underestimated or deliberately ignored for years: the growing cooperation between the Polisario Front and Iranian-backed terrorist networks operating across North Africa and beyond.

The Senate should move quickly to advance this legislation.

Not because it is politically convenient. Not because it fits neatly into the latest partisan narrative. But because the world has changed, and America’s enemies have changed with it.

Iran no longer limits itself to the Middle East. The regime has spent years building a sprawling web of proxy groups, covert relationships, financial pipelines, and ideological partnerships stretching far beyond Iran’s borders. Intelligence analysts and regional experts have repeatedly warned that Iranian influence is expanding into Africa through militant networks and aligned organizations willing to destabilize governments, threaten allies, and create new operating environments for extremist activity.

That is precisely why S. 4063 matters.

The bill, formally titled the Polisario Front Terrorist Designation Act of 2026, would impose sanctions on the Polisario Front if it is found cooperating with Iranian-affiliated terrorist organizations. It is a targeted, measured response to an increasingly serious geopolitical problem.

Critics will inevitably try to dismiss the legislation as overly aggressive or alarmist. But recent history should have cured Americans of the fantasy that terrorist networks remain neatly confined to one region or one battlefield.

They do not.

What begins as “regional instability” has a way of becoming an international crisis remarkably fast. Americans learned that lesson on September 11. Europe learned it through waves of terror attacks tied to radical networks that metastasized across borders. Israel continues to live with it daily. And now, lawmakers like Cruz are warning that Iran is cultivating new footholds and strategic partnerships in areas that many Americans barely pay attention to until it is too late.

That deserves serious attention, not cynical eye-rolling.

The practical implications here are enormous. Imagine a future in which Iranian-backed militant groups gain expanded operational freedom across North and West Africa. Smuggling routes widen. Weapons trafficking intensifies. Terror financing networks deepen. American allies become increasingly vulnerable to coordinated destabilization campaigns. Shipping lanes near the Strait of Gibraltar face greater security risks. European partners confront another wave of migration chaos fueled by regional conflict. Extremist groups suddenly gain new territory from which to recruit, train, and organize.

None of that is hypothetical fantasy anymore. It is the exact kind of asymmetric expansion strategy Iran has pursued for decades through Hezb’allah and other proxy organizations.

And this is where the seriousness of the bill’s sponsors matters.

This is not legislation drafted by fringe activists chasing headlines. Senator Cruz has spent years in the Senate focused on national security, foreign policy, sanctions enforcement, and counterterrorism strategy. The bill’s co-sponsors, including Tom Cotton, Rick Scott, and David McCormick, are hardly reckless bomb-throwers freelancing foreign policy ideas off social media trends.

These are lawmakers with deep involvement in defense, intelligence, and national security matters. Whether one agrees with them politically is beside the point. They are acting from a conviction that America cannot continue sleepwalking while hostile regimes methodically expand their influence.

Frankly, more senators should be showing the same level of urgency.

For too long, Washington has treated national security as something reactive rather than preventative. Action only comes after catastrophe. Warnings are ignored until headlines force movement. By then, the cost -- financially, militarily, and in human lives -- becomes exponentially higher.

S. 4063 represents an attempt to interrupt that cycle before another crisis fully materializes.

It also sends an important message internationally.

America’s allies need to know that the United States still recognizes emerging threats before they spiral out of control. Morocco, in particular, has become an increasingly important strategic partner in a volatile region. Analysts have warned that instability tied to the Polisario Front carries broader implications for regional security and counterterrorism cooperation.

Meanwhile, Iran and its proxies are constantly probing for weakness. They study hesitation. They exploit indecision. Every delayed response becomes an invitation to push further.

Deterrence only works when adversaries believe America is paying attention. The Senate now faces a straightforward choice.

It can treat S. 4063 as just another bill to languish in committee while geopolitical realities deteriorate in real time. Or it can recognize that serious threats require serious responses before they become front-page emergencies.

The latter course is the responsible one.

Americans are exhausted by endless wars. Understandably so. But preventing future conflict often requires confronting danger early, while leverage still exists and before military options become the only remaining tools.

That is what this legislation is fundamentally about: vigilance, deterrence, and strategic clarity.

Senator Cruz and the bill’s sponsors deserve credit for recognizing the threat landscape as it actually exists, not as policymakers wish it existed.

The Senate should act expeditiously to move this bill forward.


Artificial Intelligence Needs to Come for John Thune's Job

Artificial Intelligence Needs to Come for John Thune's Job

AP Photo/J. Scott Applewhite

Not every amendment to the Constitution of the United States has been a winner, as we are all aware. The Eighteenth Amendment was a stain on our beloved Republic's history, but at least it was knocked out of commission by the Twenty-First. Fiscally conservative, small government types (most of us here) will point at the Sixteenth as being the bane of the country's existence. I would certainly give a nod to that as my least favorite. Running a close second on my "Ugh" list would be the Seventeenth, which allowed for the voters to elect United States senators, rather than state legislatures. 

"But Kruiser, why do you oppose the will of the people?"

The easy answer there is that the people are very often morons. I know, I know, so are state legislators. Sometimes, it's best if the pool of morons can be limited.

My real beef with the Seventeenth, however, is that the once august upper chamber of the United States Congress has become a calcified, moribund private club that's paid for with public money. That's slightly ironic, given that one of the arguments that the pro-Seventeenth Amendment people used to make was that the Senate had become a private club that was being funded by special interest money. 

Pick your poison. I would much rather have people who can afford it funding the dysfunction than the U.S. taxpayers. 

What we are saddled with now in the Senate are people who live much longer than they used to and who seem bitterly opposed to the idea of retirement. I really thought that they were going to wheel the late Dianne Feinstein onto the Senate floor and just wait for her to expire. Mitch McConnell has been in the Senate since the beginning of Ronald Reagan's second term, has had severe health problems for years, and is still hanging around until the end of this year.

Seriously, don't any of these people have loved ones who they want to spend time with?

McConnell did have a good run of a couple of years during President Trump's first term in office, helping to get a lot of non-commie judges confirmed. Unfortunately, most of McConnell's slog of a career has been characterized by the kind of squish moderate behavior that has conservative Republicans forever thinking about starting a new party. 

Mitch McConnell's legacy of unhelpful mediocrity is being carried on by his successor as the highest ranking Republican in the Senate — South Dakota Sen. John Thune. This isn't surprising, given that Thune was McConnell's righthand man even after Cocaine Mitch went full Never Trump. While President Trump is trying to shake up the GOP and make it a party that wants to fight and win, its leadership in the Senate is doing what it does best: leg-humping the status quo.

Mustn't rock the boat and make things uncomfortable at the Capitol Hill Club, after all. 

Early in his tenure as the majority leader in the Senate, I mistakenly thought that some of Trump's gumption might be inspiring to Thune to break free from McConnell's invertebrate shadow. Other than giving his lunch orders to aides and reminding people which Dakota he's from, Thune isn't doing much in the way of governing or leading these days.

Election integrity is on the minds of most liberty-loving Americans right now. If the Republicans don't do something to strengthen it, the next couple of elections are going to be doused in nightmare fuel and set on fire. This is from a column I wrote last month:

In a VIP column I wrote earlier in the week, I worried about the future of the Republic if the Democrats ever get control of the White House and both chambers of Congress again. Barring a civil war, it will be lights out for the United States as we know it. The Trump Derangement Syndrome Dems have been very open about their desire to pack the Supreme Court with radical progressives and make Puerto Rico and Washington, D.C. states. This will guarantee one-party Dem rule until they flush the country all the way down the toilet and we go the vestigial way of the once-great countries in Europe. 

If the GOP can't combat the Democrats' relentless efforts to game the system, the above scenario will come about very quickly. Right now, the best thing that the Republicans can do is pass the SAVE America Act, which would introduce a modicum of sanity into the election process. Senate Republicans are the sticking point and John Thune is apparently never bothered by a sense of urgency. As my good friend and partner in thought crime Stephen Green wrote in a recent column, Thune needs to "stop posturing on X long enough to pass the Save Act." 

It is of the utmost importance that Republicans approach every legislative and legal battle over election integrity as being an existential crisis that can't be allowed to play out. For every one thing that the GOP does to bring about transparency and common sense in our elections, the Democrats come up with five ways to undo it. The obliteration of any guardrails in the election process is the Democratic Party's raison d'être. It is the linchpin in their plan for one-party rule. 

John Thune is in his mid-60s and has "only" been in office for 21 years, so he's practically a freshman by modern Senate standards. He no doubt wants to milk this sweet gig for a couple of more decades. He obviously doesn't get outside the Beltway very much though. If he did, he would know that the 2026 Democrats are rabid and feral beasts now. Congressional Republicans who are permanently in the minority won't be treated like they used to be. 

A recent article in The New York Times lead with a headline about Congress not being prepared for job losses to Artificial Intelligence. It was about the private sector, of course, but I immediately went to dreaming of AI coming after Congress's jobs. I'm eternally hopeful that way. I think we can all agree that AI John Thune would have to be an upgrade from the Jellyfish John Thune, who's just mucking up the works right now.


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Prepping for War and Shortages: Why Growing Your Own Food Is Now the Smart Move


The motto of the Boy Scouts of America, or at least the organization that the Boy Scouts of America used to be, is "Be Prepared." That's good advice, especially in these times. Here in our own Susitna Valley homestead, we have ample supplies stored up against any misfortune; down cellar, we have sealed containers of bulk rice, beans, flour, and sugar, we have a freezer the size of a small automobile full of meat and fish, and we even have some small indoor greenhouses in which my wife raises spices. And, of course, there is ample protein nearby, sometimes wandering by the house in half-ton portions we call "moose."

While I'm not a wild-eyed purveyor of apocalyptic panic, there are some advantages to being prepared for any eventuality. After all, being prepared and not needing to be is vastly preferable to needing to be prepared and not having taken at least a few steps. And right now, times are uncertain; our cities are melting down, the far left has shown an increasing penchant for violence; the next few years may be difficult indeed, especially if you live in or near one of the nation's major (or minor) cities.

So, you'll understand why this recent piece in The Daily Sceptic caught my eyes.

If we, as a nation are to survive this, we need to be as self-sufficient as possible. Instruct your gardener to dig up your lawns and plant potatoes. No gardener? Embrace gardening – its physical and psychological benefits are unmatched. As your physical and mental health is improved by gardening, so will your resilience grow. No lawn? Not a problem: potatoes can be grown in a plastic sack on a balcony. Exotic vegetables such as chillies, sweet peppers and aubergines make attractive house plants on a sunny windowsill and even thrive outside in a good summer. Herbs are one of the most expensive comestibles by weight, yet are easily grown in pots, inside or out. Survival needs to be psychological as well as physical and preserving the normal as far as possible will be essential. The smell and taste of fresh herbs will enliven even the dullest pumpkin stew. We will need to learn to love our pumpkins.

That's good advice. But our British cousins face problems we don't, or at least, we shouldn't.

Now gardening is great. Hereabouts, it comes with its own challenges, including a very short growing season that's made up for by long, long hours of daylight. But raising food crops is always a good idea, and wherever you live, there's almost certainly some food crop you can grow in your dooryard, or in a greenhouse. But here's what the Brits can't do: Protect their crops. We can do that, and to that end, I'll repeat a piece of advice that I've put out thousands of times for the last half-century or so; if you can own only one gun, make it a 12-gauge pump shotgun. Ammo is available everywhere, and with varying loads and at moderate ranges, you can deal with game ranging from rabbits to moose. Such a piece is more than capable of fending off goblins bent on raiding your garden. Like being prepared, having a gun is important; it's better to have a gun and not need it than to need a gun and not have one, and when you need a gun, nothing else will do.

There are a few other things to keep in mind, too. 

First, fire. Over most of North America, a good part of the year is pretty chilly for humans, who, despite our vaunted technology, are still, biologically speaking, creatures of warm, dry climates. So, a source of heat is important, not only for keeping warm but also for preparing food, sanitizing drinking water, making tools, and a host of other purposes.

While maintaining a fire is easier than starting one, there are more than a few easy ways to get a handy blaze going. The Old Man, at some point in the mid-Seventies, picked up a secret weapon when it came to fire-starting, due to the advent of the cheap butane lighter. Even though he was a lifelong non-smoker, he always carried one somewhere around his person for use in the event he needed to set something on fire.

Second, water. We're fortunate enough to have a well, but we do need to get a hand pump added to the setup in the event of a prolonged power outage (and a generator for the freezer, too.) 

You can live longer without food than without water. The ancient Romans knew clean water was important, and it’s no less so today, not only for drinking but for a host of other purposes. There are a lot of neat little filters, some as small as drinking straws, that will allow the more-or-less safe drinking of water from almost any source. Water is used for cooking and washing as well as drinking, and while the neat little backpacker filters are handy for wandering afield, for longer terms a bulk solution is in order. Of these, there are two primary methods: Treatment and boiling.

Boiling is easy and self-explanatory, although even boiled water, if treated in no other way, has a shelf life. Treatment lasts longer, and can be done with a variety of substances, the easiest to obtain being plain old generic chlorine bleach. In my days in Uncle Sam’s colors, the Army had 400-gallon water trailers we called “water buffalos,” and those were often filled from sources like rivers and sanitized by dumping in one good old gallon jug of Clorox. I don’t remember anyone ever getting a bad case of the quickstep from water treated thusly. There are also iodine tablets and other treatments for canteen-sized containers, but for the big ones, a jug of bleach will do the trick.

Third and finally, regarding food, veggies are great, but protein is important, too. Humans are omnivores, and a diet with at least some animal protein is preferable, especially if you're looking at hard physical work to stay upright. Livestock is good if you have room. Chickens and ducks take up surprisingly little space and can provide eggs as well as meat. If you have more room, cattle and goats have been kept by humans for millennia. And there's always hunting. In this kind of situation, the first thing you should do is forget about looking up your state’s hunting and fishing regs, because those will rapidly go out the window.

Now, a caveat: Over the vast majority of the country, there won’t be enough game to sustain much of the population for more than a few weeks. After a year, a freshly dead squirrel would be a valuable commodity indeed – that’s why I mention farming before foraging. But in some places, there are more game animals than people, and plenty of fish to boot. One of the main reasons we live where we do in the Great Land is the abundance of good hunting and fishing. In those places, game and fish could at least supplement your diet.

Lay in a stock of tools, too:

  • Tools. Woodworking tools in particular.
  • Spare parts for guns and vehicles. 
  • Nails and wood screws.
  • Knives and sharpening tools.
  • A good axe and one or two good bowsaws.
  • Rope. I like hemp rope because it doesn’t stretch, even when wet. I generally keep a hundred feet or so in the truck and a spool or two around the garage/workshop.

Other things may come to mind depending on individual circumstances. Bear in mind that a rural homestead in Arizona, or Mississippi, or (like us) rural Alaska will have different conditions, resources, and requirements. Plan accordingly.

I'm not too concerned about a sudden, dramatic societal collapse. But those kinds of things never happen until they do, and it's prudent to at least take a few steps. And if you find yourself in the middle of such a calamity, a little bit of preparation can go a long way. Plan. Stock up. Put away some seeds, buy some tools, and buy ammo. Times are tense. Plan accordingly. And remember, if things get as bad as they might, the people in those cities will be starving - and they'll come to the suburbs and the rural areas looking for food. We should plan for that, too.


The Trump Administration Just Put the United Nations in Their Place on Mass Migration

The Trump Administration Just Put the United Nations in Their Place on Mass Migration

The Trump Administration Just Put the United Nations in Their Place on Mass Migration
AP Photo/Manuel Balce Ceneta

The Trump administration has announced that they would be rejecting a United Nations initiative entitled the “Global Compact on Migration,” calling it an effort to “facilitate replacement migration to the United States and our Western allies.” The administration then reiterated that they would pursue a policy of remigration.

Last week, the United States refused to participate in the UN’s review of the Global Compact on Migration.

The United States objects to the Global Compact on Migration and UN efforts to facilitate replacement migration to the United States and our Western allies.

— Department of State (@StateDept) May 11, 2026

“The United States will not legitimize global compacts that enable mass migration into America or Western nations,” the State Department said in a statement on social media. “Under President Trump, the State Department will facilitate remigration – not replacement migration.”

The Global Compact on Migration has sold itself as an “intergovernmental agreement” to facilitate safe, orderly and regular migration.” The U.S. has, despite the flowery language, accused the U.N. of using these policies as a means of flooding Western nations with mass migration from Third World countries, and of interfering with the deportation of illegal immigrants in the U.S..

UN officials greeted migrants along the route through the deadly Darien Gap. UN-funded NGOs handed out maps to migrants in route to the U.S.

After facilitating mass migration to the United States, UN agencies condemned the deportation of illegal immigrants.

— Department of State (@StateDept) May 11, 2026

“As the American people suffered under an unprecedented wave of mass migration, the UN was on the ground pipelining migrants to our southern border,” the State Department said in a statement.

The State Department has likewise accused the U.N. of interfering with similar policies pursued by Western nations, and stated that the body had “condemned frontline states who refused to open their borders.”

“For the citizens of Western nations, mass migration was never safe. It introduced new security threats, imposed financial strains, and undermined the cohesion of our societies,” the State Department said.

With a heavy focus on ending open-borders policies practiced by Democrat administrations, President Donald Trump is the first American president to achieve net negative migration in 50 years.


Judge Lagoa Shows How SCOTUS Should Rule On Birthright Citizenship


How might recent Supreme Court decisions have been resolved had Barbara Lagoa been appointed instead of Amy Coney Barrett?



President Trump issued a sharply worded Truth Social rebuke of Justices Neil Gorsuch and Amy Coney Barrett, criticizing their recent tariff ruling and warning against what he described as a “negative ruling on Birthright Citizenship” in a highly anticipated decision expected next month. Trump appointed Barrett to the Supreme Court in 2020, following the vacancy left by the death of Ruth Bader Ginsburg, over appeals court Judge Barbara Lagoa of the 11th Circuit in Atlanta. 

Perhaps not coincidentally, Lagoa just last week authored a dissent in a case addressing whether illegal aliens who slip into the country undetected should benefit from more favorable legal treatment than those who present themselves lawfully at the border. The opinion has drawn attention in legal circles and reads as a clear expression of a textual judicial philosophy that extends beyond immigration into related questions, including birthplace citizenship.

Lagoa’s opinion stands out for its tightly textual and structurally disciplined approach, which is resistant to softening statutory language or reshaping enacted law based on inferred legislative intent. It also naturally raises a broader “what if” question about how the Supreme Court’s recent trajectory might have evolved had Lagoa been appointed in 2020 instead of Barrett.

The Paradox in Immigration Detention

The case, Alvarez v. Warden, is part of a series of immigration cases now working their way through the circuits after the Trump administration in 2025 reversed decades of policy drift. For years, the legal framework governing immigration detention produced a result that is difficult to explain in common-sense terms. Individuals who present themselves at a port of entry and are not admitted are placed in mandatory detention, while those who cross the border illegally and are later apprehended inside the country are eligible for bond hearings and release back into the community. In other words, compliance with the legal process results in stricter conditions than evasion of that process. It is this paradox that sits at the heart of the current dispute over the Immigration and Nationality Act.

The statute turns on two phrases: “applicant for admission” and “seeking admission.” The Fifth and Eighth Circuits have held that they are effectively synonymous in this context, meaning that illegal entrants apprehended inside the United States remain subject to mandatory detention under § 1225(b)(2)(A). The Second and 11th Circuits have taken the opposite view, distinguishing between legal status and geographic status. They say that those who entered the country illegally are not “seeking admission” and therefore fall under a different section, § 1226(a), which permits release.

Lagoa rejects that distinction from the outset. Her starting point is the statutory text, particularly Congress’s decision to deem unadmitted aliens physically present in the United States as “applicants for admission.” The force of her approach is clearest in her treatment of the majority’s reasoning. As she notes, “The majority concedes that ‘applicant for admission’ and ‘seeking admission,’ on their ordinary meaning, are ‘synonymous.’ It then spends fifty pages explaining why the ordinary meaning does not apply.” When Congress defines a category, courts are not free to recast it through interpretive layering. Statutory interpretation, in her view, begins and ends with the text Congress enacted.

Text Over Legislative Intent

From that premise, she builds a broader interpretive framework grounded in formal legal meaning rather than policy intuition or administrative practice. Her dissent is notably unsympathetic to legislative history as an interpretive aid.

At one point, she invokes Justice Scalia’s familiar critique of legislative history, describing the exercise as akin to “entering a crowded cocktail party and looking over the heads of the guests for one’s friends.” The point is not stylistic flourish but the deeper institutional concern that attempts to reconstruct legislative intent are inherently selective, often outcome-driven, and tend to introduce more ambiguity and obfuscation into statutory interpretation than they resolve. Elsewhere, she echoes Scalia’s even sharper formulation that “[W]e are governed by laws, not by the intentions of legislators,” underscoring her view that statutory meaning must be derived from enacted text rather than inferred purpose.

That methodological commitment carries through into her treatment of immigration precedent. She situates the Immigration and Nationality Act within a line of cases rejecting the idea that physical presence alone determines legal classification.

She anchors her dissent in earlier Supreme Court decisions, reaching back to Kaplan v. Tod (1925). In that case, the Supreme Court held that a child physically present in the United States for years while excluded at Ellis Island had not legally “dwelt” in the country at all. As the court put it, she was still “in theory of law at the boundary line and had gained no foothold in the United States,” even after years of physical presence. By invoking this specific line of reasoning, Lagoa reinforces the principle that immigration status is a product of legal designation, not mere geography.

She then traces that logic forward to Leng May Ma v. Barber (1958), where the Supreme Court held that a parolee physically present in the United States could not rely on statutory protections reserved for those “within the United States.” This is because parole keeps the individual in a separate legal status, as if they had never fully entered the country. Her emphasis here is that even “undisputed physical presence” cannot override the legal classification Congress created.

In highlighting this boundary line, Lagoa leaves a significant Easter egg regarding her view on birthplace citizenship. By asserting that physical presence does not equate to legal presence, she signals a reading of the 14th Amendment in which so-called birthright citizenship is not automatic.

Taken together, these cases support Lagoa’s central proposition that when Congress defines a legal status that differs from everyday reality, courts are bound to apply that definition consistently, even when it does not match the underlying physical situation.

It is this formalism that drives her rejection of the majority’s effort to separate “applicant for admission” from “seeking admission.” In her view, once Congress has classified an unadmitted alien as an applicant for admission, the statute does not permit courts to reintroduce a second, unwritten condition based on physical location or perceived activity. To do so would be to rewrite the statute under the guise of interpretation.

The broader consequence of the competing interpretations is now reflected in a deepening circuit split. Under the broader reading adopted by the Fifth and Eighth Circuits, illegal entrants remain subject to mandatory detention until they are admitted or removed. Under the narrower reading adopted by the Second and 11th Circuits, many such individuals become eligible for bond hearings once inside the country, despite never having been lawfully admitted.

The practical divergence is substantial, but the underlying dispute is more fundamental still. It concerns whether immigration detention law is governed by the plain consequences of statutory classification, or by a more flexible reading that adjusts legal categories to align with perceived legislative purpose or how the executive branch chooses to enforce the law.

Barrett vs. Lagoa

Lagoa’s dissent leaves little doubt as to where she stands. Courts are not authorized to soften statutory schemes they find unwise nor to recalibrate legal classifications in light of policy discomfort. Their role is to apply the statute as written, including the legal categories Congress deliberately defines.

In that sense, the dissent also reads as more than a contribution to an ongoing circuit dispute. It is a window into a judicial philosophy that is formal, restrained, and unapologetically text-centered. It also inevitably invites comparison to the Supreme Court that might have been. Justice Barrett’s tenure has already included a number of closely divided and ideologically mixed cases that reflect the court’s current direction.

In Fischer v. United States (2024), Barrett wrote a forceful dissent, joined by Justices Sotomayor and Kagan, disagreeing with the majority’s narrower reading of a federal obstruction statute used in Jan. 6 prosecutions. And in Trump v. J.G.G. (2025), involving the use of the Alien Enemies Act to support deportations of Venezuelan gang members, she again joined the court’s liberal justices in questioning the government’s reliance on that statute for deportations.

There is also the upcoming decision in Trump v. Barbara, the birthplace citizenship case, where Barrett’s position remains uncertain and may prove decisive. In contrast, Lagoa’s reasoning in Alvarez v. Warden strongly signals an approach under which automatic citizenship does not follow from presence alone.

Lagoa’s approach raises a compelling question: How might recent Supreme Court decisions have been resolved had she been appointed in 2020? What is certain is that, with the circuit courts now mired in intractable conflict, a Supreme Court resolution of the immigration detention issue is inevitable. Barrett’s eventual vote will offer a direct comparison with the judicial philosophy Lagoa has already put on the record. But the more immediate test will come next month, when the Supreme Court rules on birthplace citizenship. Lagoa’s dissent strongly signals where she stands. The question is what Barrett will do.


DEI Went Wrong with Its First Step

DEI Went Wrong with Its First Step

The DEI house was doomed when the first “valuing diversity” foundation block was placed.

John Greensboro for American Thinker 
Autism article image

Thankfully, the diversity, equity, and inclusion (DEI) mania is coming to a blessed end. Perhaps someday we’ll assess the damage that it did, but for now, our mission should be to achieve diversity blindness. But supporters of DEI refuse to give up easily, and are struggling to cope with its demise.

The New York Times recently sponsored a panel discussion : “Did D.E.I Go Too Far?” From the panel’s discussion, it’s apparent that the “experts” remain as clueless about DEI’s downfall as they were about its potential. The panel included: tech executive Bo Young Lee, Professor Michael Yassa, finance executive Disiree Fixler, and Professor Erec Smith.

That’s a pretty impressive collection of highly-paid help to figure out where DEI went wrong. I spent a few years of my career in the industry too, and I’ll happily answer the question for free. DEI went wrong with its first step.

The panel talked about quotas this, and objectives that, but missed the fundamental flaw. DEI was built on a false premise. Advocates claimed that diversity would make us stronger. They said it would make our companies more competitive. They insisted it would make our communities more harmonious. They were confident that it would make our society more just.

Based on those promises, we created an industry for the sole purpose of advancing diversity -- but forgot to measure if its claims were being fulfilled.

Naturally, every movement needs a rallying cry, and the DEI advocates came up with “Valuing Diversity” (and a number of variations) as theirs. Those two words appeared in stockholder literature, department mission statements, and executive bonus packages. The company that I worked at had it plastered on posters all over the plant. Unfortunately, “Valuing Diversity” became more than a catchy phrase -- it became the objective.

When people create things of value, those things become commodities for trade. When we placed value on superficial differences (i.e. “Valuing Diversity”), it was inevitable that people would trade on their differences. That “value” wasn’t abstract -- it was real. The DEI industry created a system in which identity differences affected education, employment, entertainment, and even politics (such as congressional districts). Hence, “Valuing Diversity” became a competition and created identity tensions.

Arguments over who’s more valuable in the intersectionality sweepstakes were both destructive and predictable. Rather than create harmony, our push for DEI created conflict.

  • Black vs. white
  • Male vs. female
  • Homosexual vs. heterosexual
  • Left-handed blondes with an overbite vs. right-handed redheads with freckles

“Valuing diversity” drove us to judge and reward people on the basis of irrelevancies. DEI, and its demon spawn intersectionality, didn’t end hate -- it created a barter system in which hate flourished.

The reality is that it isn’t our differences that give us strength, it is our shared humanity. Our strength as a people comes from the things we have in common. Things we value, such as

  • Freedom over servitude,
  • Order over chaos,
  • Performance over participation, and
  • Justice over bias.

Within that framework, our petty identity characteristics -- the things DEI values -- are mere distractions.

When traveling from coast to coast, from where my pilot’s ancestors hailed is a distraction. His genealogy might make for an interesting conversation. But when it comes to the business of flying an aircraft, it is a distraction -- and claiming otherwise does not make it so.

After decades of advocacy, DEI didn’t deliver harmony and proficiency. It delivered social unrest and ineptitude. DEI must die for society to survive -- and thankfully it is.

Professor Yassa described what happened at his employer when he left his DEI post.

As soon as I stepped out of that role, everything that we’d done disappeared -- all of the initiatives disappeared, the funding for it disappeared, and nobody cared anymore. It just went away, which tells me it was fragile to begin with. It was not set up as a foundational set of elements.

Um... no. Professor Yassa has it backwards, because he’s using a bad assumption for his analysis.

DEI didn’t fail because it wasn’t set up as foundational elements. It failed because diversity (the first word of its title) was its foundational element. DEI was fragile because it was a house of cards, built on a foundation of sand: the incorrect assumption that our identity differences are important -- when they are not.

The DEI house was doomed when the first “valuing diversity” foundation block was placed. The industry told us that diversity, equity, and inclusion were more important than character, merit, and fairness. Based on that false premise, everything that followed was a failure waiting to happen.

So, back to the NY Times panel question: “Did D.E.I. go too far?” Answer: Yes, with its first step.

Image: Quinn Dombrowski


Any Vote For Democrats Is Now A Vote For Their Plan To Overthrow SCOTUS


Federal elections are no longer about which party gets to appoint SCOTUS justices, but how many justices there will be.



Democrats will oftentimes play the Abigail Spanberger card by working with legacy media to hide their radicalism from voters. But when it comes to their goal of packing the Supreme Court with left-wing activists, they’ve taken the mask completely off.

Since the release of its Louisiana v. Callais decision nuking race-based redistricting, Democrats have revamped their intention to add more justices to the high court as a means of acquiring judicial outcomes that benefit their party. While some have employed coy language about SCOTUS “reforms,” others have been straightforward in their desire to destroy one of America’s last functioning institutions by stacking the court with leftists.

“This is the most partisan Supreme Court in the history of the nation. Time to add term limits and more justices,” wrote Eric Swalwell’s BFF Sen. Ruben Gallego, D-Ariz., in a Monday X post.

Rep. Ro Khanna, D-Calif., followed suit on Tuesday. The California Democrat wrote that the “next Democratic White House does not need a court reform commission like some college seminar,” but that, “We need action.”

“We need term limits for Justices. We need to expand this morally bankrupt Court from 9 to 13,” Khanna wrote.

In calling for “court reform,” Rep. Summer Lee, D-Pa., also backed Democrat plans to “Expand the Court” and “Set term limits” as a way of stopping what she characterized as “systematic” “Attacks on our voting rights.”

The officials are but a few of the many Democrats or other leftists who have telegraphed — if not outright declared — their support for packing the Supreme Court since Callais‘ release.

While having psychotic meltdowns at not getting their way is nothing new for the left, the open embrace of such power-hungry tactics underscores how Democrats have historically viewed the Supreme Court, and how the body has become yet another flashpoint in the battle for control of Congress.

As Federalist Editor-in-Chief Mollie Hemingway detailed in her new book, Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution, leftist control of the high court throughout much of the 20th century turned an institution meant for interpreting the law into one that invented law via activist rulings. Under the Warren and Burger Courts, SCOTUS “had functioned as a super-legislature, enacting the Left’s policies by a majority vote of justices, no matter what the Constitution said.”

“The Left had come to view the Court as its rightful property and would not cede control willingly,” Hemingway wrote.

As Republican presidents and the conservative legal movement got better at elevating individuals who would properly interpret the Constitution as written to the bench, the left’s control of SCOTUS steadily waned. Now, with a majority of appointed originalists, the high court is no longer available to Democrats to ram their radical agenda into law with zero input from the American people and their elected representatives.

This reality and the wave of constitutional decisions from the conservative justices are what’s driving the left’s bid to stack the court with Ketanji Brown Jackson-style activists — leftists who will make decisions based on what’s best for the Democrat Party, not the rule of law.

And while potential Supreme Court appointments have long been a facet of federal elections throughout America (see the 2016 presidential race), the dynamic has now changed.

These elections are no longer just about which party gets to appoint justices to the Supreme Court. They’re about whether the number of justices will remain the same or if Democrats will get to pack the court and turn it back into a de-facto legislature that invents new constitutional “rights” as a majority of its members see fit.

Should Democrats succeed in their goal, the high court’s legitimacy would shatter, and so too America’s separation of powers.