Throughout U.S. history, oligarchs have fettered the tax power of the state to ensure that the government would be too feeble to rein in their power. The Trump Administration’s capricious tariffs and mass firings at the Internal Revenue Service are the latest iteration of this long, anti-tax, anti-democratic tradition.
The Trump Administration’s use of individualized, firm-level waivers and exemptions marks a new frontier in presidential control of the administrative state. This strategy allows the administration to bypass the formal process for repealing regulations while turning deregulation itself into a tool for distributing political favors.
Law and Economics scholars argue that if income redistribution is to happen at all, it should occur exclusively through the tax system, rather than through supposedly less efficient methods, such as the minimum wage, collective bargaining, or housing regulation. Yet even by their own lights, these arguments fail: in many cases, predistributive policies are actually more efficient than the tax and transfer system. More fundamentally, to address economic inequality, we must move beyond narrow issues of distribution and transform the mode of production itself.
In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is seen as legitimate, and it is precisely the erosion of legitimacy in the eyes of the public that has enabled Trump to carry out his deconstructive agenda.
Recent authoritarian attacks on higher education mark a significant shift from the neoliberal era, which celebrated institutional independence from the state, the role of education in boosting worker productivity, and the value of research in driving profitable innovation. However, there are key continuities between the two periods. The neoliberal era laid the groundwork for today’s authoritarian turn by making public institutions increasingly reliant on federal funding, dismantling independent state planning boards, and deepening inequality within the higher education system.
In the United States and elsewhere, the forces of monopoly, antitrust, and corporate power tend to follow a certain historical pattern, with long-term swings between strong anti-monopoly policies and pro-business policies. To anticipate the future of anti-monopoly politics, we need to understand the dynamic forces that drive these recurring large-scale shifts between monopoly and competition.
In a stunning betrayal of 30 million workers, the Federal Trade Commission has abandoned its nationwide ban on non-compete agreements. Fortunately, states are filling the void with remarkable creativity — drawing on both new legislation and existing competition and consumer laws to enhance worker mobility.
Powerful health care companies shape the informational environments around their products. As part of this playbook, companies avoid or thwart the generation and dissemination of accurate information on the true value of their products. Consequently, Americans spend too much on health care with dubious or even negative value.
Though heralded as a policy innovation, value-based payment has not succeeded in lowering costs and has instead fueled corporate consolidation, as many physicians are ill-equipped to assume the financial risk that the payment model requires. Embodying the core tenets of neoliberalism, VBP is ultimately a failure of policymakers to equitably and efficiently administer a public health care program.
To build an electric system that meets the needs and opportunities of the 21st century, we need proposals that strengthen public control and improve regulation of Investor-Owned Utilities. Yet on their own, such proposals ignore a fundamental issue: almost all federal, state, municipal, and coop utilities currently operate with the same centralized, top-down planning and system control as Investor Owned Utilities. Unless that changes, public ownership will do little to remove the barriers that now largely block the evolution of decarbonized, resilient, and more equitable electric service.
While the Administrative Procedure Act could constrain the worst abuses of the Trump administration’s immigration regime, the Supreme Court has shown little appetite for such administrative review.
Private equity firms are acquiring dominant shares of physician practices, creating conflicts between shareholder value and physicians’ professional and ethical duties. While longstanding state laws that prohibit lay ownership of medical practices have been under-enforced and evaded, recent litigation and legislative proposals suggest they could be revitalized to address today’s forms of corporatization.
The Trump administration is simultaneously dismantling, weaponizing, and centralizing state capacities in order to enact a reactionary vision of administration — one which seeks to roll back efforts by prior generations to equalize economic and social relations. In contrast to this vision, progressives ought to aspire to a regulatory state whose purpose is to prevent domination. This alternative vision can guide us in deciding which forms of administrative power we should build and which we should actively work to restrain.
Recent Supreme Court decisions threaten to undermine administrative efforts to achieve housing justice, including the mandate to affirmatively further fair housing and a loan program that provides affordable rural rental housing to disadvantaged families.
With summer just around the corner, are you looking to indulge in some juicy, page-turning scholarship? As always, the Blog has you covered with our biannual roundup of some of our favorite forthcoming LPE and LPE-adjacent articles.
