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A legal and policy advocacy organization that educates the public and policymakers about the rule of law and constitutionally limited government.
Op-Ed Publications


CFJ Op-Ed: Why Trade Enforcement — Not Foreign Price Controls — Is the Right Response to High U.S. Drug Prices
Drawing on Austrian economics, CFJ argues that market prices—not foreign administrative ceilings—guide rational investment and innovation. Embedding government-set international price controls into Medicare would distort those signals and undermine U.S. pharmaceutical leadership


CFJ Op-Ed: Securing Property Rights Means Reining In Proxy Advisors
Drawing on Austrian economics, CFJ argues that markets depend on accurate profit-and-loss signals. When proxy advisors divert corporate governance toward non-economic goals, they obscure those signals and weaken the property-rights framework that sustains capitalism


Don’t Be a Third Rail: Why the STB Should Trust Competition
The proposed merger between Union Pacific and Norfolk Southern tests whether regulators still trust competition and market-driven innovation. The Surface Transportation Board should focus on consumer welfare and dynamic competition—not static assumptions about consolidation.


The NIH Must Abandon This Harmful Remnant from the Biden Administration
Innovation is not a predictable linear process that begins in a lab and ends with a finished product ready for “access planning.”


National Review Op-Ed: Don't Tax Innovation: The Patent 'Wealth Tax' Is a Terrible Idea
A patent-value “fee” operates as a direct tax on personal property. Without apportionment, it squarely violates the Constitution.


National Review Op-Ed: Europe Is Going After America’s Biggest Companies. Trump Must Push Back
Europe’s campaign to undermine American tech is finally getting the attention it deserves. Last week, the House Judiciary Committee held a hearing examining how EU laws like the Digital Services Act (DSA) and Digital Markets Act (DMA) are being used to censor speech, punish U.S. companies, and tilt digital markets in favor of European firms.


Bloomberg Law Op-ed: DOJ Threatens AI Innovation and Antitrust Law in RealPage Suit
Arizona Attorney General Kris Mayes’ letter demanding Attorney General Pam Bondi to protect renters from market manipulation argues the Department of Justice should intervene in the housing pricing software market—the exact opposite of what the government should do when it comes to antitrust policy. Imploring Bondi to continue litigating a premature lawsuit the Biden administration initiated against the artificial intelligence-driven company RealPage may be well-intentioned f


National Review Op-ed: It is Time for One Agency to Enforce Antitrust
The Department of Justice should have sole antitrust authority, not share it with the FTC.


RealClearMarkets Op-ed: Federal Trade Commission vs. Cutting Edge Innovation
One particular area that enchants the Khan FTC is the nexus of antitrust and intellectual property.


Washington Examiner Op-ed: FTC Favors Competitors Over Competition in Fight Against Microsoft
Rivals and their relative power should not be the agency’s main focus. This case demonstrates how the FTC has strayed far from its mission.


RealClearMarkets Op-ed: Gaming the FTC: Japan Colludes With Antitrust Regulators Against MSFT.
President Biden should remind both the FTC and Justice Department that the purpose of our antitrust laws is to promote consumer welfare...


National Review Op-ed: Blocking the JetBlue–Spirit Merger Won’t Revitalize the Airline Industry
Government officials are eager to “fix” the airline industry. Over the holidays, 2 million Southwest passengers were stranded in airports...


Washington Examiner Op-ed: Repealing Section 230 won’t stop anti-conservative bias in Big Tech
Committee for Justice president Curt Levey writes in the Washington Examiner that curtailing Section 230 won’t combat ideological bias


Justice Kagan and Textualism
The Court’s decisions throughout the past term are predictable results of a judicial philosophy based in text and history...


How SCOTUS Rained On The Left’s Anti-Religious Legal Parade And Reclaimed The First Amendment
A trio of rulings, far from ‘regressive decision-making,’ promoted equality by liberating the First Amendment’s religious liberty protection
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