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Walter Olson

@walterolson

Writer on law etc.; Cato Institute. Election law, Maryland civic stuff, cooking. Blogged at Overlawyered back when. No kings, no tyrants.

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Latest posts by Walter Olson @walterolson

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Trump thinks any judge who rules against him is in league with the 'radical left' The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.

Donnie has always been a lunatic
reason.com/2026/02/27/t...

28.02.2026 02:04 πŸ‘ 25 πŸ” 7 πŸ’¬ 3 πŸ“Œ 0

In a first-of-its-kind resolution under the New York Voting Rights Act, Newburgh, NY will use proportional ranked choice voting to elect its Town Council.

Read more ⬇️ #RankedChoiceVoting

05.03.2026 14:46 πŸ‘ 16 πŸ” 4 πŸ’¬ 1 πŸ“Œ 0
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When the State Threatens Death to Buy a Conviction We must ask ourselves what it says about our pursuit of justice when the truth is something bought with the threat of a needle.

β€œThe death penalty is increasingly used not as a punishment for the β€˜worst of the worst,’ but as a pretrial pressure mechanism to keep defendants jailed for years and force them into submission.” @foxmike90.bsky.social @cato.org #law

03.03.2026 18:44 πŸ‘ 21 πŸ” 15 πŸ’¬ 0 πŸ“Œ 1

I will miss Kristi Noem's inimitable constitutional insights, as when, asked by Sen. Maggie Hassan, D-N.H. at a Senate hearing to define "habeas corpus," she replied, "Habeas corpus is a constitutional right that the president has to be able to remove people from this country."

06.03.2026 02:15 πŸ‘ 2215 πŸ” 389 πŸ’¬ 68 πŸ“Œ 23
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Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs NA Today, 24 states led by the state of Oregon filed the first lawsuit challenging Donald Trump's massive new Section…

24 states led by Oregon just filed first lawsuit challenging Trump's massive and illegal Section 122 tariffs. See my post for more, including why lawsuit deserves to prevail: reason.com/volokh/2026/...

05.03.2026 18:14 πŸ‘ 44 πŸ” 18 πŸ’¬ 3 πŸ“Œ 1
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According to election administrators and investigators, confirmed cases of unlawful voting are vanishingly rare. In a new Cato Podcast episode, Walter Olson and Stephen Richer explore how voter roll audits work and what the evidence reveals about the scale of the problem.

buff.ly/3kLZbbC

05.03.2026 23:00 πŸ‘ 26 πŸ” 14 πŸ’¬ 0 πŸ“Œ 2
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Where things stand with the Department of War A statement from Dario Amodei

β€œwe do not believe this action is legally sound, and we see no choice but to challenge it in court.”

06.03.2026 00:49 πŸ‘ 163 πŸ” 23 πŸ’¬ 5 πŸ“Œ 7
Court Blocks Florida Gov. DeSantis's Executive Order Designating CAIR as Terrorist Organization The order "prevents CAIR or 'any person known to have provided material support or resources' to CAIR 'from receiving any contract, employment, funds, or other benefit or privilege'" from Florida stat...

Florida Gov. DeSantis issued an order barring Muslim advocacy group CAIR or "any person known to have provided material support or resources" to CAIR from receiving any contract or benefit from Florida state or local governments. A court just struck that down, notes Eugene Volokh, who concurs.

06.03.2026 00:38 πŸ‘ 42 πŸ” 15 πŸ’¬ 1 πŸ“Œ 0
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Know Your Citizenship, Says Trump to Banks Congress should block any attempt to force banks to require proof of citizenship status.

President Trump "may soon deputize banks as immigration agents....to force banks to collect citizenship information from customers, new and old.

"In other words, your bank may soon call asking you to show your papers if this executive order goes through." [@David_J_Bier and Nick Anthony, Cato]

05.03.2026 21:21 πŸ‘ 30 πŸ” 14 πŸ’¬ 2 πŸ“Œ 0
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The Cruel Compassion of American Criminal Law Born of good intentions, our carceral state has become a leviathan.

"We enact criminal laws that make victims out of the very people they are enacted to save." 



Matthew P. Cavedon, Director of Cato's Project on Criminal Justice, on the cruel compassion of American criminal law.

05.03.2026 19:12 πŸ‘ 7 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Maryland lawmakers want to strengthen regulations that make health care moreΒ expensive A new bill could make Maryland "the most restrictive environment in the country," warns one doctor.

Some Maryland lawmakers are intent on strengthening further the state's certificate-of-need (CON) laws in health care, even though the harmful effects of these laws on consumers are well documented. Maryland already has some of the nation's worst and most anti-competitive CON laws.

05.03.2026 21:09 πŸ‘ 6 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.

My thoughts on today's US Court of International Trade ruling ordering refunds of all IEEPA tariffs ruled illegal by Supreme Court in Learning Resources decision: reason.com/volokh/2026/...

05.03.2026 01:33 πŸ‘ 136 πŸ” 38 πŸ’¬ 4 πŸ“Œ 0
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Unlawful Voting Is a Tiny Problem Featuring Walter Olson and Stephen Richer

Ballot security is a good thing, but unlawful voting Is a tiny problem in America today. New Cato podcast with me and colleague Stephen Richer, former Maricopa County recorder, on why MAGA claims of substantial voting fraud -- impersonation, non-citizen, or whatever -- keep not panning out.

05.03.2026 20:45 πŸ‘ 16 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0
β€œIce St.” and β€œW. All Saints St.” signs at intersection in Frederick, Maryland.

β€œIce St.” and β€œW. All Saints St.” signs at intersection in Frederick, Maryland.

ICE gets crosswise with All Saints (Frederick, Maryland).

05.03.2026 18:33 πŸ‘ 10 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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How Trump Keeps Withholding Money After Being Sued 198 Times Immigration demands for highway dollars, D.E.I. rules for homeless grants: Trump has tried to wield spending to get his way.

Trump funding cutoffs often blatantly target opponents, or even whole states that voted against him. Even while losing scads of cases, he's "proceeded undeterred," returning again and again to the theme that his adversaries aren't entitled to the services of the federal government they pay taxes to.

05.03.2026 16:05 πŸ‘ 26 πŸ” 12 πŸ’¬ 1 πŸ“Œ 0

"The law firm community is now on notice that the administration is fully prepared to deploy clearly unlawful strategies that cannot be sustained in the courts but will [nonetheless] achieve some part of the president’s purposes." Those purposes include chilling representation of his adversaries.

05.03.2026 15:42 πŸ‘ 17 πŸ” 5 πŸ’¬ 0 πŸ“Œ 0
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"legalizing share repurchases increased investment by 8.0–9.8 percent among public firms … [and] improved public companies’ access to equity capital." www.cato.org/blog/should-...

27.02.2026 12:44 πŸ‘ 11 πŸ” 2 πŸ’¬ 1 πŸ“Œ 0
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Cato Institute scholar Ilya Somin argues that the attack on Iran is clearly large enough to constitute a war. β€œThat means it just as obviously requires congressional authorization. Trump didn’t get anyβ€”in fact, he did not even try to do so.”

buff.ly/6dFMn5P

04.03.2026 23:01 πŸ‘ 26 πŸ” 9 πŸ’¬ 0 πŸ“Œ 0
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The Fortress We Gave Away America and Britain may be surrendering a crucial military base.

"Chagos amounts to one of those rare cases where Trump may break something that actually deserves to be broken." Well argued piece by David FrumπŸ‘‡ www.theatlantic.com/ideas/2026/0...

04.03.2026 09:20 πŸ‘ 3 πŸ” 2 πŸ’¬ 0 πŸ“Œ 1
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ICE has spun a massive surveillance web. We talked to people caught in it The Department of Homeland Security, which oversees ICE and Border Patrol, is using a broad web of surveillance tools β€” purchased as its budget has ballooned under this administration β€” to monitor, ap...

A female agent wearing a gaiter-style mask rolled down the window, leaned out β€” and addressed Emily by name.

"She yelled, 'Emily, Emily, we're going to take you home!' Then she looked at her phone and she recited my home address," she says.

04.03.2026 13:47 πŸ‘ 45 πŸ” 42 πŸ’¬ 3 πŸ“Œ 1
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Maryland College Republicans hosting White Supremacist The once respected and effective College Republicans have been reduced to this?

"Maryland College Republicans hosting White Supremacist" [@briangriffiths.bsky.social, The Duckpin]

05.03.2026 03:22 πŸ‘ 6 πŸ” 6 πŸ’¬ 1 πŸ“Œ 0
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The Illusion of Reform: Why DHS Restraints Fail Without a Path to the Courthouse Imagine a legal system that proscribed theft and murder as crimes but stripped away any penalty for committing such acts. In such a vacuum, the only remaining check on power is an offender’s own consc...

Congressional Democrats' proposals to rein in ICE and Border Patrol are fine as far as they go, but so long as they refuse to make federal agents accountable in court for unconstitutional conduct, "these 'reforms' remain mere suggestions" [@foxmike90.bsky.social, Cato]

04.03.2026 20:04 πŸ‘ 31 πŸ” 15 πŸ’¬ 0 πŸ“Œ 0
Birthright Citizenship is Our Law Over at The Dispatch, I have a new piece on the originalist case for birthright citizenship. President Donald Trump's executive order attempting to strip natural-born citizenship status from children ...

On birthright citizenship, "the revisionist case is still wrong, and the conventional wisdom is still right. If one wants to defend the Trump executive order, one would be best served by arguing that the original meaning of the Fourteenth Amendment is not dispositive." [@kewhittington.bsky.social]

04.03.2026 17:44 πŸ‘ 13 πŸ” 2 πŸ’¬ 1 πŸ“Œ 2
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Raskin: β€œBased on what you know today, were RenΓ©e Good and Alex Pretti domestic terrorists?”

Noem: β€œThere's ongoing investigations…I would think you would want there to still be investigations going into these situations.”

Raskin: β€œYou stated [your] conclusion 2 hours after they were killed."

04.03.2026 16:36 πŸ‘ 1316 πŸ” 366 πŸ’¬ 46 πŸ“Œ 29
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Iran's Youth Broke the Islamic Republic's Spell Before the Airstrikes An Iranian exile on the generation of women and youth who did the real work of dismantling the theocracy

This is well worth a read:

www.theunpopulist.net/p/irans-yout...

03.03.2026 23:21 πŸ‘ 11 πŸ” 7 πŸ’¬ 0 πŸ“Œ 0
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Trump Officials Attended a Summit of Election Deniers Who Want the President to Take Over the Midterms The meeting’s participants included Kurt Olsen, a White House lawyer charged with reinvestigating the 2020 election, and Heather Honey, the Department of Homeland Security official in charge of electi...

NEW: More evidence that those who tried to overturn the results of the 2020 election are working with Trump administration officials to set the rules for the 2026 midterms. @dougbockclark.bsky.social

28.02.2026 14:20 πŸ‘ 1067 πŸ” 531 πŸ’¬ 36 πŸ“Œ 33

New Democracy Summer initiative led by Wesleyan President MIchael Roth. (As a longtime member of the Wesleyan family through marriage, I've been inspired to see the college doing so much to meet the moment.)

04.03.2026 15:56 πŸ‘ 157 πŸ” 29 πŸ’¬ 2 πŸ“Œ 1
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Realigned: Standing and Substantive Due Process Some Thoughts on Mirabelli v. Bonta

Substantive due process is back, baby, as the six conservative justices in Mirabelli v. Bonta come off rather more like William O. Douglas than like Antonin Scalia [Richard Re]

04.03.2026 14:54 πŸ‘ 4 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Manhattan Institute’s Criticisms Vindicate Cato’s Report on Fiscal Effect of Immigrants: Part 2 Immigrants reduced the deficits by trillions.

And Part II here www.cato.org/blog/manhatt...

04.03.2026 14:43 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0