Policy Corner

In recent years, significant DOL regulatory policies have swung back and forth on a pendulum depending on the party controlling the White House. DOL may continue to see shifts from one administration to the next, but the end of Chevron deference may finally help lead to more stable policy as rules are modified or rescinded to hold up in courts.

Congress should amend 18 U.S.C. § 3582 to clarify that sentencing disparities created by the First Step Act may be considered by judges when assessing requests for compassionate release.

The school choice revolution is the greatest education policy change of our lifetime. The task ahead is not to retreat from it but to go one step further: eliminate the remaining obstacles so that every family, at every income level, can choose freely.

At first glance the differences in regulatory approaches between the two governors appear to be more continuity than change; however, the changes that do exist reveal an important shift in governing philosophy.

When the Supreme Court interprets a statute, its job is to say what the law is—not what it should be. If Congress disagrees with the result and wants the statute to mean something else, the Constitution provides it with the tool to do so: amend the statute. Yet this legislative response remains chronically underused.

Following the Chatrie decision, a Mississippi judge found warrant requests for cell tower dumps do not establish probable cause or particularity requirements, making them unconstitutional general warrants.

The Loper Bright decision not only impacts existing regulations but has implications for interpreting newly passed legislation. The 21st Century ROAD to Housing Act, a sweeping, bipartisan housing bill, was enacted on July 11, 2026, and any legal challenges regarding unclear or ambiguous language will receive judicial, not agency, deference.

Ilana joins the show to discuss July’s sharp drop in homebuilding and home-buying, as well as the housing policies of the Democrat Socialists. (Interviews starts at 13:20)

The 21st Century ROAD to Housing Act, Congress’ marquee bipartisan housing bill, became law on July 11 with some welcome deregulatory reforms. But it also significantly expands the federal government’s role in housing policy, a domain that should largely be left to state and local governments.

Americans for Prosperity recently published a report explaining why each summer Congress should legislatively respond to Supreme Court decisions interpreting federal statutes.