Maryland Supreme Court Tosses Dem Attempt To Hold Oil Companies Accountable for Climate Events

The Supreme Court of Maryland dismissed three lawsuits from Democratic-led jurisdictions that sought to hold oil and gas companies accountable for climate change, striking a blow to a coordinated legal effort to force energy producers to pay billions of dollars in weather-related damages nationwide.

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Scalia Ascendant

Antonin Scalia's jurisprudential legacy has flourished far beyond what anyone might have reasonably imagined at the time of his death 10 years ago. By keeping his Supreme Court seat open through the 2016 presidential election, Senate Republican leader Mitch McConnell gave lots of conservatives who were leery of Donald Trump one strong reason to vote for him. Trump won a close election that he would otherwise have lost. Trump in turn appointed three justices—all admirers of Scalia—and created a conservative majority on the Court for the first time in nearly a century.

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Inside the Left-Wing Operation to ‘Train’ Judges About Climate Change: Free Trips to Napa Valley, Palm Beach, and Hawaii Fuel a Secret Judge Recruitment Operation

A dark money group of left-wing environmental activists has been quietly "training" judges overseeing climate-related lawsuits, hosting them at multi-day, all-expenses-paid seminars in locales like Napa Valley and Palm Beach. Judges who attend these luxury retreats—where they are subject to indoctrination—are not required to report them in ethics disclosures.

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The winning message is the one pro-lifers keep avoiding



Many conservatives still treat the fall of Roe v. Wade as a decisive victory. The four years since have looked more like a warning.

States passed more pro-life laws. Abortion numbers still climbed as chemical abortions expanded. Republicans hold Congress and the White House, yet their best legislative win amounted to defunding Planned Parenthood for a single year — while Washington toys with expanding IVF mandates and even hints at becoming more “flexible” on the Hyde Amendment.

When the pro-life movement treats its own argument as too radioactive to say plainly, moderates still aren’t convinced — and the base stops listening.

The biggest losses didn’t come from legislatures. They came from voters.

Across the country, abortion-rights activists have used ballot initiatives to write a “right to abortion” into state constitutions. Once voters approve those amendments, courts use them to bulldoze state pro-life laws. The trend will continue unless the anti-abortion movement rethinks its messaging — fast.

Blue states predictably enshrined abortion rights. Red and purple states did too. Voters in Missouri, Montana, and Arizona backed abortion amendments. Colorado, New York, and Maryland did as well.

In 2024, abortion ballot measures passed in seven states and failed in three. Florida stopped an amendment only because state law requires a 60% supermajority. Nebraska rejected one by 51%. South Dakota defeated its measure with 59%. All three states backed President Donald Trump by larger margins than that.

Another wave of initiatives is coming this year. Nevada voters will decide whether to provide the second affirmative vote needed to add an abortion amendment they approved in 2024. Virginia, where Democrats control state government, will vote on an abortion amendment as well. Idaho voters may consider an abortion statute that lawmakers can later amend or repeal. Arkansas could vote on a measure to make the state constitution easier to amend, which would almost certainly tee up an abortion amendment fight soon after.

The pro-life movement keeps walking into these battles with a losing playbook.

Many pro-life groups center their messaging on women who get abortions rather than the babies murdered by abortion. They assume the issue primarily drives Democratic turnout. They want to “compete” by shifting to softer language about women’s health, hoping to win moderates on neutral ground.

That approach doesn’t persuade moderates, and it often fails to mobilize the pro-life base.

Take Arizona. The pro-life coalition opposing Proposition 139 called itself “It Goes Too Far.” One of its yard signs read: “Protect Women’s Health.” It didn’t even mention abortion.

Arizona voters re-elected Trump with 52% of the vote. They also approved Proposition 139 with nearly 62%. That’s the same margin New York voters gave their own abortion amendment.

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Ohio followed the same pattern. Pro-life groups launched “Protect Women Ohio” to oppose Issue 1, which passed with nearly 57% of the vote in 2023. The messaging leaned on parental rights and transgender issues — as if linking Issue 1 to other debates would broaden the opposition.

Instead, the coalition blurred the point. Issue 1 appeared in an off-year election, one year after Roe fell. Progressive voters turned out. Conservatives stayed home.

Afterward, activists who knocked doors against Issue 1 told the same story: Pro-life voters felt confused. The campaign avoided the central issue, then wondered why the people most likely to vote against abortion never felt compelled to show up.

Abortion amendments raise other policy questions. They touch parental consent, conscience protections, and medical regulation. But the core reason to oppose them remains simple: Abortion murders babies. Pro-life messaging that refuses to say that out loud shouldn’t expect to win.

A blunt moral argument does two things that “women’s health” slogans don’t. It keeps the debate centered on what abortion is. It also activates the voters needed to defeat these measures — voters who will turn out when they understand their ballot could save lives.

Conservatives face a familiar temptation in a culture that punishes conviction: soften the message for short-term gains. Electoral politics requires prudence. It doesn’t require self-censorship. When the pro-life movement treats its own argument as too radioactive to say plainly, moderates still aren’t convinced — and the base stops listening.

If Republicans want to win ballot fights and build lasting cultural renewal, they need to speak with moral clarity. Until they do, they’ll keep losing these amendments — and babies will keep dying because of it.

America has immigration laws — just not in these courtrooms



If Donald Trump put on a black robe tomorrow and issued an opinion in an intellectual property dispute between two tech companies, no one would treat it as binding law. So why are we expected to treat judicial policymaking on immigration and national security as untouchable — especially when lower courts now openly defy higher courts?

One of the most damaging misconceptions in American government holds that the Supreme Court is “supreme” over the political branches in all things. At most, its supremacy runs within the judicial hierarchy: It can overrule lower federal courts. The same goes for the courts of appeals, which are supposed to bind district courts within their circuits.

If lower courts refuse deference to their judicial bosses, why should the president keep extending deference to either level when the law is on his side?

That system, however, increasingly operates as a one-way ratchet for left-wing political outcomes.

On February 6, the Fifth Circuit Court of Appeals finally reaffirmed a basic legal principle: Illegal aliens seeking admission are not entitled to enter the country, demand release, and then litigate their way into residency while living freely inside the United States. The court upheld long-standing precedent and the plain text of U.S. immigration law, which requires detention of inadmissible aliens pending disposition of their cases.

Congress enacted that provision in 1996 for an obvious reason: to prevent people from entering illegally, receiving a notice to appear, and then disappearing into the interior.

Unlike American criminals who are entitled to bond hearings, illegal aliens are not being prosecuted for a crime. They can always voluntarily depart and live freely in their home countries. Being detained is a consequence of their initial invasion and their desire to litigate their way into our country.

Then came the district courts.

Just three days after the Fifth Circuit’s ruling, Judge Kathleen Cardone, an El Paso-based George W. Bush appointee, ordered the release of aliens in five cases on the theory that they had “established roots” in the United States. What, then, was the point of the Fifth Circuit ruling? Cardone claimed in one case that it “has no bearing on this Court’s determination of whether [the petitioner] is being detained in violation of his constitutional right to procedural due process.”

Likewise, on February 9, Judge David Briones, an El Paso-based Clinton appointee, reached a similar conclusion. “The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones wrote — about an illegal alien who entered the country in 2024.

Pause there.

The Fifth Circuit had just ruled that detention is mandated by statute even in cases involving aliens who entered long ago (including plaintiffs from 2001 and 2009). Yet a district judge somehow concluded that ruling does not apply to someone who crossed illegally in 2024. Worse, how can a district judge claim the Fifth Circuit did not account for the “constitutional” question when the appeals court’s ruling necessarily presumes ICE’s conduct is constitutional?

RELATED: The Fifth Circuit cracks down on the asylum excuse factory

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These judges are cherry-picking language from select Supreme Court opinions about aliens with “established ties” while ignoring the far stronger body of law recognizing that illegal entrants have no right to remain in the country against the national will. The idea that someone can break into the country, evade enforcement long enough to create “ties,” and then use that evasion as a legal shield makes a mockery of popular sovereignty and of the Declaration’s first principles.

This also demonstrates, again, why the Trump administration cannot comply its way out of judicial supremacism. Even when it wins in higher courts, lower-court judges can repackage the same result in a new case and keep obstructing enforcement. Why should Trump defer reflexively to congressionally created judges who refuse to defer even to their own superiors within the judiciary?

That point came into focus in Ninth Circuit Judge Lawrence VanDyke’s dissent from his court’s decision to halt the deportation of a Peruvian family while the appeal proceeds. Referring to the Ninth Circuit as a “wackadoo” court, VanDyke described what he said has become an automatic practice: granting stays of removal even when Supreme Court immigration precedent clearly points the other way.

In effect, he argued, the court uses procedural orders and an ever-expanding shadow docket to nullify precedent without formally issuing rulings that openly defy it.

Because of the circuit’s heavy caseload, VanDyke wrote, judges adopted a “convenient, but unwritten, practice” of granting preliminary relief in the form of administrative stays pending review. Those stays often remain in place until the merits are decided. The result, he said, is a system that “disregard[s] Supreme Court precedent and award[s] automatic, extended stays of removal in utterly meritless immigration appeals.”

Defenders of the Ninth Circuit might say the court is overloaded and must rely on lengthy interim stays. VanDyke’s point, however, is that this indulgence appears uniquely generous in deportation cases. As he put it, the Ninth Circuit’s internal dialogue sounds like “a judicial Oprah Winfrey, confused by her own popularity.”

His satirical version of the court’s approach was devastating:

We are… ("You get a stay!")… sincerely shocked… ("You get a stay!")… by the… ("You get a stay!")… number of… ("You get a stay!")… utterly… ("You get a stay!")… meritless… ("You get a stay!")… immigration petitions… ("You get a stay! And you get a stay! And you get a stay!")… that are filed… ("You get a stay!")… in our court. ("Everyone gets a stay!").

That is the point. When it comes to many liberal judges — who still dominate too many panels — law is often just a vehicle for politics. They will reach the result they want by whatever procedural route is available. You cannot simply “out-appeal” a judiciary willing to ignore controlling law while pretending not to.

RELATED: We escaped King George. Why do we bow to King Judge?

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A Politico review of thousands of ICE detention cases found that at least 360 judges rejected ICE’s broader detention policies in more than 3,000 cases, while just 27 judges backed those policies in about 130 cases. The overwhelming pattern is plain: Judges are sidelining the text of the Immigration and Nationality Act and the Supreme Court’s plenary power doctrine, which affirms broad executive authority over the detention and removal of illegal aliens.

No Supreme Court ruling, by itself, will stop judges committed to creative procedural sabotage.

Lawlessness begets lawlessness. It is grimly fitting that in an era when invaders are encouraged to dictate terms to citizens, inferior courts now side with them while dictating terms to superior courts.

If lower courts refuse deference to their judicial bosses, why should the president keep extending deference to either level when the law is on his side?

Supreme Court Tariff Ruling Shows ‘No Guardrails’ Was a Lie, Puts Congress on the Spot

For much of the past year and a half you couldn’t open the New York Times or approach an elite university campus without hearing a panic about how President Donald Trump was becoming a dictator with “no guardrails” to curb him. After today’s 6-3 opinion from the Supreme Court striking down Trump’s tariffs, that complaint looks more foolish than ever. Trump called the opinion “terrible,” “a shame,” "ridiculous," and “totally defective.”

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We escaped King George. Why do we bow to King Judge?



What do you call an official who claims the final say over the limits of his own power — and everyone else’s? Someone who can slap a “yes” on anything the elected branches do, or a “no” on anything they attempt, and treat his decree as the last word? That kind of power would have shocked America’s founders. In practice, it can exceed anything King George III exercised over the American colonies. Yet we keep granting it to federal judges by treating their overreach as binding even when Congress has said otherwise.

The founders worried most about the branches that wield force and money. The president commands the sword. Congress holds the purse. Both stand for election. Judges do not. Life tenure exists to protect judges while they decide cases, not to hand them an independent mandate to run the country. Judges possess no army and control no appropriations. Their influence depends on the political branches giving lawful effect to their rulings.

No individual right exists to use the courts as a substitute legislature to remain in the country. Judges cannot confer amnesty by injunction.

Those lawful bounds are not mysterious. Congress established the lower federal courts, and Congress defines their jurisdiction. Even the Supreme Court’s appellate jurisdiction is subject to congressional regulation. Article III, Section 2 makes it subject to “such Exceptions, and under such Regulations as the Congress shall make.”

Justice Clarence Thomas put it plainly in Patchak v. Zinke: “When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it.”

Immigration offers the clearest test case because it sits at the heart of sovereignty. Over no issue do the political branches hold more constitutional authority than determining which foreigners may enter and remain.

As Justice Felix Frankfurter wrote in Galvan v. Press (1954), policies on entry and removal are “peculiarly concerned with the political conduct of government,” and Congress’ exclusive control over them has become “about as firmly imbedded in the legislative and judicial tissues of our body politic as any aspect of our government.”

Congress, then, holds plenary authority over immigration policy and sweeping authority over federal court jurisdiction — especially the lower courts. Yet now, every loser district judge routinely grants standing to illegal aliens to challenge detention and removal, even when Congress has restricted review.

RELATED: The courts are running the country — and Trump is letting it happen

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Take Temporary Protected Status. The Ninth Circuit ordered the Trump administration to continue TPS for Venezuelans, despite the Supreme Court staying the original injunction. Another district judge issued a similar mandate for Haitians — 16 years after Haitians received that “temporary” status under President Obama. What often goes unsaid: Congress barred judicial review over TPS determinations. Federal law states, without qualification: “No court shall have jurisdiction to review any determination” of DHS “in granting or withdrawing TPS.” Other provisions restrict review of many deportation-related challenges — limits judges often treat as suggestions.

Over the past year, judges who view themselves as latter-day Martin Luther Kings have used legal fog to hear cases Congress barred, even after signals from the Supreme Court. That brings the Trump administration to its decision point.

Administration officials argue — correctly — that courts lack authority to issue certain orders. But judges have neither force nor will beyond what the executive supplies. The executive’s job includes enforcing the jurisdictional limits Congress enacted. A court that lacks jurisdiction cannot establish it by decree.

If this judicial coup runs to its logical end, any district judge becomes the final arbiter of any political question: grant standing to any plaintiff, announce standing rules that override statutes, take jurisdiction Congress withheld, then command the elected branches to act. That is not the Supreme Court’s role, let alone a trial judge’s.

It also outstrips anything King George could do at the founding. He needed Parliament for matters like citizenship. We are now told a judge can dictate immigration policy regardless of the law.

Waiting on the Supreme Court to clean up the mess is a fool’s errand. District judges return with a slightly modified case and restart the process. During Trump’s first term, an immigration lawyer summed up the strategy: “May a thousand litigation flowers bloom.”

The numbers tell the story. In Minnesota alone, federal court sees an average of one habeas petition filed every hour. A judge even ordered a previously deported alien brought back. These petitions do not claim Immigration and Customs Enforcement mistakenly detained U.S. citizens. They aim to use courts to stall enforcement in bulk.

RELATED: The imperial judiciary strikes back

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Finality binds parties in cases; it does not bind the political branches into permanent policy submission. Lincoln drew that distinction in his 1858 debates with Stephen Douglas. Courts may decide individual cases. But if courts try to turn those decisions into national political rules, elected officials should not treat them as binding “political rules” that forbid any measure that does not “concur” with a judicial decision.

Lincoln practiced that view as president. His attorney general, Edward Bates, explained the judiciary’s proper scope: Judicial power is ample for justice “among individual parties,” but “powerless to impose rules of action and of judgment upon the other departments.”

Applied to immigration, the point is simple: No individual right exists to use the courts as a substitute legislature to remain in the country. Judges cannot confer amnesty by injunction. Congress has not passed a legislative amnesty in four decades for a reason: It requires majorities in both houses and the president’s signature, and the politicians who vote for it must face the voters. Yet the current judicial pattern grants amnesty through procedure — without hearings, without votes, and without accountability. Life tenure was designed for the opposite purpose.

No shortcut exists. The political branches must stop treating lawless judicial opinions as if they carry the force of law — especially when those opinions ignore statutes, exceed jurisdiction, and attempt to seize control of core sovereign functions.

Judges now veto Trump prosecutors after the Senate stalls confirmations



One of the core executive powers is the authority to prosecute criminals. Article II of the Constitution assigns “the executive power” — all of it — to the president of the United States. In practice, the power to execute the laws against those who have violated them is delegated by the president to the attorney general, the Department of Justice she heads, and the 93 U.S. attorneys spread across the country.

Yet since he took office for the second time last January, President Trump and his attorney general, Pam Bondi, have had a heck of a time getting their people in place.

The criminal prosecution work of the US attorneys’ offices does not abate while Washington plays out its slow-walking games.

Of the roughly 50 U.S. attorney nominations the president has sent to the Senate, fewer than half — just 19 — had been confirmed by December 15, and all of those but three were confirmed en masse in October, some 10 months after Trump took office. Although another 13 were confirmed en masse on December 18, 14 are still awaiting confirmation as we approach the one-year mark of Trump’s second term.

A good bit of the holdup is caused by the Senate’s “blue-slip” process, whereby nominations will not be considered unless both senators from the nominee’s home state return a blue slip allowing the nominee to be considered.

Originally designed to allow input from the elected senators who presumably are most familiar with the nominee’s qualifications and temperament — the “advice” part of the “advice and consent” process mentioned in the Constitution — the refusal to return a blue slip has become an obstructionist tactic deployed by Democratic senators bent on blocking as much of Trump’s agenda as they can.

But the criminal prosecution work of the U.S. attorneys’ offices does not abate while Washington plays out its slow-walking games, and the president of the United States — the nation’s top executive and chief law enforcement officer, who has the constitutional duty to “take care that the laws be faithfully executed” — needs to have people in charge of those offices.

RELATED: The ‘blue-slip block’ is GOP cowardice masquerading as tradition

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Democratic obstruction

The Constitution’s default rule for the appointment of U.S. attorneys is presidential nomination followed by Senate confirmation. But because U.S. attorneys are “inferior officers” in the Constitution’s language, Congress can allow for appointments by the president alone, by the heads of the executive departments, or by the courts of law. It has done so by allowing the attorney general to appoint “interim” U.S. attorneys for up to 120 days to fill vacancies.

But after the 120-day period expires, the interim can remain in charge of the office only if the district court in that jurisdiction approves. Six of the U.S. attorneys appointed to interim positions have been rejected by their respective district courts: Bill Essayli in the Central District of California, Julianne Murray in the District of Delaware, Sigal Chattah in the District of Nevada, Alina Habba in the District of New Jersey, Ryan Ellison in the District of New Mexico, and John Sarcone in the Northern District of New York. Not surprisingly, five of these district courts are overwhelmingly stacked with Democrat-appointed judges, another outgrowth of the more aggressive “blue-slip” policy that has been deployed by Democratic senators in the last decade.

The Nevada District Court has seven judges, for example, and all seven were appointed by either President Obama or President Biden. It’s the same situation with the Northern District of New York, where all five judges on that court were appointed by Obama or Biden. The New Jersey District Court has 17 judges, and all but two (both George W. Bush appointees, not Trump appointees) were appointed by either Obama or Biden. The Central District of California has 28 judges, and fewer than one-third were appointed by Republicans. And five of the seven federal judges in New Mexico were appointed by Obama or Biden.

Alina Habba, who brought the indictment against Rep. LaMonica McIver (D-N.J.) for interfering with Immigration and Customs Enforcement enforcement operations, was famously disqualified by the District Court in New Jersey after the cumulative 120-day period expired. And Lindsey Halligan — the interim U.S. attorney in the Eastern District of Virginia who obtained the high-profile indictments of former FBI Director James Comey for allegedly lying to Congress and of New York Attorney General Letitia James for allegedly falsely claiming a home in Virginia as her personal residence in order to obtain a more favorable mortgage interest rate — was disqualified by her local district court after the 120-day interim period in that office expired.

The bigger obstacle

The Department of Justice has said it will challenge these disqualifications on appeal. One issue will be whether the 120-day limit on the interim appointment authority is cumulative or successive. That is, if someone is appointed as interim U.S. attorney and then resigns before the expiration of the 120 days, does the attorney general get to appoint a new, different interim to fill the new vacancy for another 120 days, or does the new interim appointee only get to serve until the original 120-day clock expires?

The practice has been the latter, but that leaves the president without someone to exercise his executive authority in charge of the office, as long as the obstruction tactics in the Senate hold. That seems to be a big threat to the president’s ability to take care that the laws be faithfully executed and therefore a big Article II executive authority problem.

An even bigger obstacle for Trump, though one that has not received much attention, is the separation-of-powers problem lurking in this statutory scheme, which requires approval by the district court at the conclusion of the 120-day period.

Yes, the Constitution’s text allows for the appointment of inferior officers by the courts of law, which would technically allow Congress to create a scheme whereby the courts appoint the prosecutors who prosecute cases before them.

There is nothing in the records of sparse debate during the 1787 federal convention to suggest the drafters had such an interbranch appointment authority in mind however. Rather it would seem more likely that they intended inferior executive officers to be appointed by the president alone, or the heads of the executive departments, and inferior judicial officers to be appointed by the courts of law.

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When it upheld the independent prosecutor law in the 1988 case of Morrison v. Olson, which had provided for the appointment by a “Special Division” of the U.S. Court of Appeals for the D.C. Circuit, the Supreme Court rejected that interbranch argument, but it also pointed out that the independent prosecutor statute was designed to allow for investigation and prosecution of high-ranking officials in the executive branch, and the interbranch appointment process therefore avoided the obvious conflicts of interest.

No such conflict exists in the run-of-the-mill appointment (or rejection) by district courts of interim U.S. attorneys at the expiration of the 120-day interim period. The interbranch appointment authority raises serious separation-of-powers concerns, and the Supreme Court has been particularly solicitous of them in recent years. It also raises serious concerns about the president's ability to take care that the laws be faithfully executed when the people executing them are not the ones he has chosen.

A century ago, in the case of Humphrey’s Executor v. the United States, the Supreme Court upheld congressional restrictions on the ability of the president to remove executive branch officials. But already on the Supreme Court’s docket this term is a case, Trump v. Slaughter, in which most observers rightly predict that it will overrule that old, New Deal-era case and restore a large measure of control of the executive branch to the head of that branch, the president — the only member of the entire executive branch that we the people actually elect.

If the Slaughter case ends up slaughtering the bad constitutional law from Humphrey’s Executor, it does not take much imagination to conclude that the question of judges appointing prosecutors who appear before them — that is, those officials who exercise the core executive function of prosecuting crimes — should also be in for a very serious reconsideration.

Editor’s note: A version of this article appeared originally at the American Mind.

Washington, DC, has become a hostile city-state



The District of Columbia wasn’t supposed to be like this. Hard as it is to believe today, the capital was set apart as its own district not to make it an untouchable bureaucratic citadel, but to make it work for all Americans. Unattached to any one state and free from the control of any one constituency, our government was supposed to serve the whole country.

Decades of misunderstanding, however, have muddled this design. Federalization gives us a fighting chance of restoring it.

Perhaps the most prudent solution would be to subsume the District’s entities into the federal government.

Under the Articles of Confederation, the federal government resided in Philadelphia until a military mutiny prompted it to leave. With this in mind, the framers proposed an optional federal district.

Under the proposal, Congress could create a capital and be vested with “exclusive” legislative authority over it. This would put the government in a position to contemplate and sympathize equally with all Americans. The states approved. And so the framers’ proposal was ratified under Article I, Section 8, Clause 17 of the Constitution. Congress then placed the capital along the Potomac River, and D.C. was organized in 1801.

Confusion soon followed. Congress tried many approaches to local governance and settled on a semi-independent model, enacted as the D.C. Home Rule Act of 1973. This established a congressionally appointed judiciary and a popularly elected city council, mayor, and attorney general. Under home rule, D.C. could make its own law, albeit with congressional oversight.

The founders warned us about this model, however. They anticipated that self-governance would embarrass, impede, and endanger the federal government.

This failure predates Trump

Trump derangement syndrome has only vindicated this position. In 2017, D.C.’s attorney general joined litigation against Trump’s so-called Muslim ban. Then in 2020, D.C. painted a “Black Lives Matter” memorial along 16th Street NW, flipping an urban bird at the Trump White House. And in 2025, the District’s attorney general protested Trump’s public safety initiative, contesting his right to seize the Metropolitan Police Department and deploy the National Guard across the city.

One might overlook these obstructions if the District’s fierce independence enabled it to ensure safe and efficient self-governance. But that doesn’t describe D.C. In 2023, a Senate staffer traversing the northeast part of the city was knocked to the ground and repeatedly stabbed in the head and chest. Then in May 2025, two embassy interns were murdered outside the Capital Jewish Museum. The following month, a congressional intern was fatally shot in the Mount Vernon Square neighborhood.

Nor is partisanship the only problem. D.C. behaves almost as poorly when Democrats wield federal power. In April 2024, pro-Palestinian protesters erected an encampment at George Washington University (a federally chartered school). City officials refused to remove the protesters for two weeks even though their disruptions interfered with students’ final exam preparations.

Bringing the capital to heel will ultimately require legislation. There’s already a proposal to repeal home rule. It’s a great start, but the proposal doesn’t detail how D.C. would operate afterward — not a promising omission when Congress tends to be so ineffective.

Perhaps the most prudent solution would be to subsume the District’s entities into the federal government. Then Congress need not work from a blank slate by creating new bodies for local governance. Instead, D.C.’s city council could become an advisory body to recommend local laws. This would meet the Constitution’s requirement that Congress make the laws without requiring it to fuss over the minutiae of local governance.

This idea won’t appease locals who want equal electoral representation to that enjoyed by other Americans, if not greater. We know that D.C. residents (or, more accurately, the Democrats in their ears) seek D.C. statehood. But if it’s a state they’re after, then they should entertain retrocession or repeal the District’s charter. Illegitimatizing the Constitution to preserve the mock state is not the way to go.

Forcing the issue through the courts

Knowing that Democrats in Congress will object on these grounds to any discussion of federalization, we should use litigation to force a solution on this matter. The difficulty with litigation is finding a plaintiff — a D.C. resident who believes in a federal capital and whose case wouldn’t be easily dismissed by local judges seeking to avoid the issue. But with so many conservatives currently serving in D.C. under the Trump administration, now might be the time to bring a suit.

The right litigant has two ways to attack home rule — challenge D.C.’s lawmaking power or neutralize its prosecutorial authority. The lawmaking approach likely faces two objections. First, judges might question how Congress’ ultimate legislative authority under home rule meaningfully differs from exclusive authority under the Constitution. Second, they might raise the constitutional liquidation theory, which posits that the post-enactment tradition fleshes out constitutional indeterminacies.

RELATED: Six questions Trump and conservatives can no longer dodge in ’26

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Neither objection holds water. For one thing, exclusive legislative authority means what it says — one body enacts the law. Using D.C.’s city council as a think tank wouldn’t violate this principle, because only Congress would oversee legislation from introduction to enactment. But home rule fails because Congress shares its authority with another body. In fact, a law could exist under home rule without Congress touching it at all. The Constitution doesn’t envision such an anomaly.

Relatedly, liquidation presupposes that a constitutional provision is ambiguous. But here, the framers couldn’t have written a clearer provision. Congressional authority over D.C. is exclusive; that means only Congress can exercise it. And so even though Congress has handed lawmaking power to D.C. on multiple occasions, viewing this abdication as indicative of the Constitution’s original meaning would only sanction congressional laziness and cowardice.

A limited win that still matters

The prosecutorial approach would open a more straightforward path to a more limited victory. The pitch is simple: The D.C. attorney general is a federal creation. And yet he is elected and can sue the federal government at will. This flouts the appointment process, as well as the president’s power to remove officers and direct executive-branch entities. Now would be the perfect time to press this argument, as the Supreme Court aims to clarify the president’s removal power later this term and the D.C. Circuit recently questioned whether “the District possesses an independent sovereignty that can give rise to an Article III injury from actions of the federal government.”

The only issue is that D.C. could still make law. But some of that law will be unenforceable if the attorney general cannot prosecute. Hence, a small win — but a win nonetheless.

Congress has subverted the Constitution by entertaining home rule. The results have been ugly and will get uglier. District residents will grow increasingly radical in their demands for self-governance. The framers, in their wisdom, didn’t create a sovereign D.C. — they bequeathed us a federal city to preserve a neutral national government. We should restore that vision.

Editor's Note: A version of this article was published originally at the American Mind

A red-state lawfare shakedown heads to the Supreme Court



The Republican Party claims to stand against lawfare — especially the obscene, rent-seeking variety that disguises itself as environmental justice. Yet that principle is about to be tested in a highly public and deeply embarrassing way.

The Supreme Court will hear oral arguments on January 12 in Chevron v. Plaquemines Parish. Louisiana officials will face off against the Trump Justice Department and American energy producers in a landmark case over an attempted shakedown of oil companies for alleged responsibility for coastal erosion dating back to World War II.

Lawfare does not become acceptable because Republicans use it. And environmental shakedowns do not become conservative simply because they originate in a red state.

The basic claim is simple enough. Louisiana and several local governments have filed dozens of lawsuits alleging that oil and gas production over the last 80 years caused the erosion of the state’s coastline. But the structure and substance of these cases reveal something far more troubling.

Although the lawsuits were filed in the name of the state and its municipalities, control has effectively been handed over to politically connected plaintiffs’ lawyers — major donors who stand to reap enormous contingency fees. Through a so-called common interest agreement, the Louisiana attorney general’s office surrendered its obligation to independently assess the merits of the claims. In practice, the state abdicated its role to the trial-lawyer donor class.

That alone should raise alarms. The rest only makes it worse.

The lawsuits seek to impose liability for conduct that was lawful at the time and occurred as far back as eight decades ago. Ex post facto liability is fundamentally un-American, which is why almost no one attempts to defend it on the merits.

Even more awkward for Louisiana’s theory, virtually everyone outside the plaintiffs’ bar agrees on the primary cause of coastal erosion: decades of federal intervention by the U.S. Army Corps of Engineers, which radically altered water flow in the Mississippi Delta. Louisiana once sued the federal government on exactly this basis. Now the same damage is somehow blamed on oil companies instead.

Because these claims reach back to the 1940s, they sweep in oil production carried out at the direction of the U.S. government to support the war effort — specifically the refining of aviation fuel for the military. It is a strange irony that after years of Democrat-led lawfare under the Biden administration, a red state has now delivered environmental litigation over World War II to the Supreme Court.

The hypocrisy is hard to miss.

The venue fight exposes the real game. Plaintiffs’ lawyers insist these cases remain in Louisiana state courts. The reason is obvious. Those courts are heavily influenced by the trial bar and have a record of staggering verdicts. Chevron was recently hit with a $745 million judgment in one such case.

Energy producers want the cases moved to federal court — not because victory is guaranteed but because federal courts are more likely to function as neutral arbiters. There is also a compelling jurisdictional reason: Much of the challenged activity involved federally directed wartime production. If any court belongs here, it is a federal one.

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Kyle Grillot/Bloomberg via Getty Images

This kind of forum shopping should look familiar. It mirrors the Democrats’ strategy during the Biden years — carefully selecting friendly state courts to pursue political outcomes they could not secure through legislation. Louisiana Gov. Jeff Landry (R) and Attorney General Liz Murrill (R) appear to have absorbed all the wrong lessons from all the wrong actors.

This is the same playbook used by New York Attorney General Letitia James (D) when she charged President Trump in state court for conduct governed by federal law. It is the same model California Gov. Gavin Newsom (D) embraced when he partnered with trial lawyers to sue energy companies for billions over alleged climate harms.

Step back from the legal details and a larger problem comes into focus.

President Trump’s agenda prioritizes American energy dominance. His actions abroad reinforce that priority. Yet Republicans in Louisiana are not merely opposing that objective — they are using the very lawfare tactics they claim to despise to undermine it.

For voters trying to apply a consistent ideological framework, the whiplash is real. When red states start behaving like California, it is fair to ask whether America First has drifted from a governing philosophy into a monetization strategy.

Lawfare does not become acceptable because Republicans use it. And environmental shakedowns do not become conservative simply because they originate in a red state. If the right intends to oppose lawfare, it needs to oppose it everywhere — especially when its own allies are the ones doing the shaking down.