This @politico analysis of Charlie Kirk’s role in the conservative-MAGA movement is informative. But it doesn’t get what happened to “Tea Party libertarianism.” The Dems demonized and suppressed the Tea Party constitutionalists with everything they had. MAGA was the response.
Kirk “gradually left behind his Tea Party-era libertarianism in favor of a Trump-inflected populist nationalism, premised on the idea that conservatives were locked in a war to ‘save Western civilization.’” CJRoberts’ Obamacare switch also played a part. politico.com/news/magazine/…
This is basically correct. Bork was defeated after calling himself an “originalist.” For 30 years no Republican nominee* identified as an originalist until Gorsuch. Gorsuch was confirmed then everyone did. The taboo was broken. But why? What changed? 🧵
* Scalia and Thomas publicly identified as originalists after their confirmation. Kennedy never did. Alito did around the time of Scalia’s death.
Part of what changes was originalist scholars had substantially improved the theory over those 3 decades. In 1987 there basically was no theory. (Paul Brest had to construct on to refute.) But by 2017, the theory was much more resilient against the anti-originalist playbook.
The conclusion of this entirely warranted take down of former Columbia president Lee Bollinger by @BerkowitzPeter exemplifies the problem with many conservatives and libertarians. It’s a confusion of means and ends. Call it “caviling conservatism.” A thread 🧵:
It rightfully insists that “America needs universities like those Lee Bollinger evokes. America, however, will not get them if progressive elites persist in suppressing the truth about the decay of the nation’s universities over which they have long maintained an iron grip.”
But it then cavils: “Or, it also should be said, if conservatives take a sledgehammer to the universities. Lasting reform depends on left and right in America cooperating based on an education for freedom that transcends partisan differences.”
from @LegInsurrection: “The Trump administration has yet to use one of the most potent weapons in its arsenal – one that, if deployed, could represent an existential economic threat to all but the wealthiest universities that insist on continuing their discriminatory practices.”
“Trump Admin Should Unleash The False Claims Act To End Discrimination In Higher Education… Under the FCA, a person who knowingly submits a false claim to the government is liable for three times the government’s damages plus additional penalties.” legalinsurrection.com/2025/04/trump-…
“In order to receive federal funding (including its students’ eligibility for federally guaranteed student loans), a school must annually certify that it does not engage in discrimination that violates federal law (e.g., race, color, ethnicity, national origin, etc.). These certifications are typically contained in a Program Participation Agreement or a federal grant application, and are signed by the CEO of the university under oath.”
Must read piece by @joldmcginn: “in 1987, both the House and Senate passed the Civil Rights Restoration Act, which made all federal funds received by an educational institution subject to being cut off if there was discrimination by any unit.” (Link in 1st comment)
“Ironically, the left, now alarmed by the federal government’s intrusive reach, bears direct responsibility for crafting the very legal weapons wielded against the universities it dominates.” Read the whole thing: lawliberty.org/the-road-to-ca…
“As a result of this change in law, all subsequent presidential administrations have enjoyed enormous leverage over universities. Any violation of Title VI or Title IX anywhere within the institution, as defined by an administration, puts a university at the risk of the loss of all federal funds in all its operations.”
The reaction of conservatives & libertarians to Trump’s first 2 months is starting to remind me of the story a man who lived in a town that was hit by a massive flood.
As the waters rose, he climbed onto the roof of his house and prayed to God for salvation. Soon, a neighbor came by in a rowboat and offered him a ride to safety. The man refused, saying, “No, thank you. I have faith that God will save me.”
The floodwaters continued to rise, and a short while later, a rescue team arrived in a motorboat. They urged the man to come with them, but again he declined, saying, “I’m waiting for God to save me.”
From @NCLAlegal: "Today, NCLA filed a complaint in the U.S. District Court for the Northern District of Florida, Pensacola Division on behalf of Emily Ley Paper Inc., d/b/a Simplified, asking the court to declare the Trump Administration’s tariffs unlawful and unconstitutional." Here are the main legal arguments in its complaint:
1. Emergency Economic Powers Act (EEPA) Misuse: The administration relies on the EEPA to justify these tariffs, but the law only authorizes sanctions or asset freezes—not tariffs—during emergencies.
2. Congressional Authority Over Tariffs. The Constitution (Article I, Section 8) gives Congress, not the President, control over tariffs. Congress has enacted specific tariff laws, and the administration cannot bypass these limits by invoking an emergency statute that doesn’t mention tariffs.