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Vance, Elon criticize judge for blocking DOGE from Treasury Department

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J.D Vance” by Gage Skidmore, licensed by CC BY-SA 2.0.

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Quick Hit:

Vice President JD Vance and Elon Musk criticized a federal judge’s decision to block DOGE officials from accessing the Treasury Department’s payment system, calling it an overreach of judicial power. The ruling temporarily halts political appointees’ access to financial data, intensifying tensions between the White House and the judiciary.

Key Details:

  • U.S. District Judge Paul Engelmayer issued an order barring DOGE officials without security clearances from accessing Treasury payment systems through at least next Friday.
  • Vance called the ruling “illegal,” arguing that judges cannot interfere with executive power, while Musk called for Engelmayer’s impeachment.
  • The lawsuit, filed by 19 Democratic state attorneys general, is one of many legal challenges to the Trump administration’s government overhaul efforts.

Diving Deeper:

Vice President JD Vance and billionaire Elon Musk are pushing back against a federal judge’s decision to block the Department of Governmental Efficiency (DOGE) from accessing the Treasury Department’s payment system, calling the ruling a violation of executive authority.

The temporary injunction, issued by U.S. District Judge Paul Engelmayer, an Obama appointee, restricts DOGE officials—including political appointees and special government employees—from accessing the Treasury’s payment infrastructure unless they have proper background checks and security clearances. The judge cited concerns that the administration had overstepped legal boundaries in granting access to sensitive financial data.

Vance, in a social media post Sunday, accused the judge of unlawfully interfering in executive matters. “Judges aren’t allowed to control the executive’s legitimate power,” he said. Musk followed with more pointed remarks, calling for Engelmayer’s impeachment and arguing that the ruling was politically motivated.

The lawsuit, brought by 19 Democratic state attorneys general, is part of a broader legal effort to block President Trump’s aggressive attempts to cut federal spending and restructure government operations. So far, multiple courts have placed temporary holds on various White House initiatives, including a buyout program for federal employees and a workforce reduction at USAID.

Critics of Vance and Musk’s response argue that the administration should follow legal protocols rather than attacking the judiciary. Former Transportation Secretary Pete Buttigieg dismissed their criticisms, saying, “In America, decisions about what is legal and illegal are made by courts of law. Not by the Vice President.” Former Rep. Liz Cheney also weighed in, stating that the administration’s recourse is through the appeals process, not by undermining the courts.

Musk has defended DOGE’s role at the Treasury Department, stating that the changes his team proposed were necessary to improve financial oversight and ensure accurate reporting of government spending. He claimed that Treasury and DOGE “jointly agreed” on new reporting requirements and emphasized that longtime career government employees were implementing them.

The legal battle is still in its early stages, with a hearing scheduled for Friday to determine whether the judge’s temporary order should be extended. Meanwhile, Trump signaled that DOGE would soon shift focus to the Education Department and military spending, setting the stage for further clashes with the judiciary.

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Addictions

The War on Commonsense Nicotine Regulation

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From the Brownstone Institute

Roger Bate  Roger Bate 

Cigarettes kill nearly half a million Americans each year. Everyone knows it, including the Food and Drug Administration. Yet while the most lethal nicotine product remains on sale in every gas station, the FDA continues to block or delay far safer alternatives.

Nicotine pouches—small, smokeless packets tucked under the lip—deliver nicotine without burning tobacco. They eliminate the tar, carbon monoxide, and carcinogens that make cigarettes so deadly. The logic of harm reduction couldn’t be clearer: if smokers can get nicotine without smoke, millions of lives could be saved.

Sweden has already proven the point. Through widespread use of snus and nicotine pouches, the country has cut daily smoking to about 5 percent, the lowest rate in Europe. Lung-cancer deaths are less than half the continental average. This “Swedish Experience” shows that when adults are given safer options, they switch voluntarily—no prohibition required.

In the United States, however, the FDA’s tobacco division has turned this logic on its head. Since Congress gave it sweeping authority in 2009, the agency has demanded that every new product undergo a Premarket Tobacco Product Application, or PMTA, proving it is “appropriate for the protection of public health.” That sounds reasonable until you see how the process works.

Manufacturers must spend millions on speculative modeling about how their products might affect every segment of society—smokers, nonsmokers, youth, and future generations—before they can even reach the market. Unsurprisingly, almost all PMTAs have been denied or shelved. Reduced-risk products sit in limbo while Marlboros and Newports remain untouched.

Only this January did the agency relent slightly, authorizing 20 ZYN nicotine-pouch products made by Swedish Match, now owned by Philip Morris. The FDA admitted the obvious: “The data show that these specific products are appropriate for the protection of public health.” The toxic-chemical levels were far lower than in cigarettes, and adult smokers were more likely to switch than teens were to start.

The decision should have been a turning point. Instead, it exposed the double standard. Other pouch makers—especially smaller firms from Sweden and the US, such as NOAT—remain locked out of the legal market even when their products meet the same technical standards.

The FDA’s inaction has created a black market dominated by unregulated imports, many from China. According to my own research, roughly 85 percent of pouches now sold in convenience stores are technically illegal.

The agency claims that this heavy-handed approach protects kids. But youth pouch use in the US remains very low—about 1.5 percent of high-school students according to the latest National Youth Tobacco Survey—while nearly 30 million American adults still smoke. Denying safer products to millions of addicted adults because a tiny fraction of teens might experiment is the opposite of public-health logic.

There’s a better path. The FDA should base its decisions on science, not fear. If a product dramatically reduces exposure to harmful chemicals, meets strict packaging and marketing standards, and enforces Tobacco 21 age verification, it should be allowed on the market. Population-level effects can be monitored afterward through real-world data on switching and youth use. That’s how drug and vaccine regulation already works.

Sweden’s evidence shows the results of a pragmatic approach: a near-smoke-free society achieved through consumer choice, not coercion. The FDA’s own approval of ZYN proves that such products can meet its legal standard for protecting public health. The next step is consistency—apply the same rules to everyone.

Combustion, not nicotine, is the killer. Until the FDA acts on that simple truth, it will keep protecting the cigarette industry it was supposed to regulate.

Author

Roger Bate

Roger Bate is a Brownstone Fellow, Senior Fellow at the International Center for Law and Economics (Jan 2023-present), Board member of Africa Fighting Malaria (September 2000-present), and Fellow at the Institute of Economic Affairs (January 2000-present).

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Alberta

Canada’s heavy oil finds new fans as global demand rises

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From the Canadian Energy Centre

By Will Gibson

“The refining industry wants heavy oil. We are actually in a shortage of heavy oil globally right now, and you can see that in the prices”

Once priced at a steep discount to its lighter, sweeter counterparts, Canadian oil has earned growing admiration—and market share—among new customers in Asia.

Canada’s oil exports are primarily “heavy” oil from the Alberta oil sands, compared to oil from more conventional “light” plays like the Permian Basin in the U.S.

One way to think of it is that heavy oil is thick and does not flow easily, while light oil is thin and flows freely, like fudge compared to apple juice.

“The refining industry wants heavy oil. We are actually in a shortage of heavy oil globally right now, and you can see that in the prices,” said Susan Bell, senior vice-president of downstream research with Rystad Energy.

A narrowing price gap

Alberta’s heavy oil producers generally receive a lower price than light oil producers, partly a result of different crude quality but mainly because of the cost of transportation, according to S&P Global.

The “differential” between Western Canadian Select (WCS) and West Texas Intermediate (WTI) blew out to nearly US$50 per barrel in 2018 because of pipeline bottlenecks, forcing Alberta to step in and cut production.

So far this year, the differential has narrowed to as little as US$10 per barrel, averaging around US$12, according to GLJ Petroleum Consultants.

“The differential between WCS and WTI is the narrowest I’ve seen in three decades working in the industry,” Bell said.

Trans Mountain Expansion opens the door to Asia

Oil tanker docked at the Westridge Marine Terminal in Burnaby, B.C. Photo courtesy Trans Mountain Corporation

The price boost is thanks to the Trans Mountain expansion, which opened a new gateway to Asia in May 2024 by nearly tripling the pipeline’s capacity.

This helps fill the supply void left by other major regions that export heavy oil – Venezuela and Mexico – where production is declining or unsteady.

Canadian oil exports outside the United States reached a record 525,000 barrels per day in July 2025, the latest month of data available from the Canada Energy Regulator.

China leads Asian buyers since the expansion went into service, along with Japan, Brunei and Singapore, Bloomberg reports

Asian refineries see opportunity in heavy oil

“What we are seeing now is a lot of refineries in the Asian market have been exposed long enough to WCS and now are comfortable with taking on regular shipments,” Bell said.

Kevin Birn, chief analyst for Canadian oil markets at S&P Global, said rising demand for heavier crude in Asia comes from refineries expanding capacity to process it and capture more value from lower-cost feedstocks.

“They’ve invested in capital improvements on the front end to convert heavier oils into more valuable refined products,” said Birn, who also heads S&P’s Center of Emissions Excellence.

Refiners in the U.S. Gulf Coast and Midwest made similar investments over the past 40 years to capitalize on supply from Latin America and the oil sands, he said.

While oil sands output has grown, supplies from Latin America have declined.

Mexico’s state oil company, Pemex, reports it produced roughly 1.6 million barrels per day in the second quarter of 2025, a steep drop from 2.3 million in 2015 and 2.6 million in 2010.

Meanwhile, Venezuela’s oil production, which was nearly 2.9 million barrels per day in 2010, was just 965,000 barrels per day this September, according to OPEC.

The case for more Canadian pipelines

Worker at an oil sands SAGD processing facility in northern Alberta. Photo courtesy Strathcona Resources

“The growth in heavy demand, and decline of other sources of heavy supply has contributed to a tighter market for heavy oil and narrower spreads,” Birn said.

Even the International Energy Agency, known for its bearish projections of future oil demand, sees rising global use of extra-heavy oil through 2050.

The chief impediments to Canada building new pipelines to meet the demand are political rather than market-based, said both Bell and Birn.

“There is absolutely a business case for a second pipeline to tidewater,” Bell said.

“The challenge is other hurdles limiting the growth in the industry, including legislation such as the tanker ban or the oil and gas emissions cap.”

A strategic choice for Canada

Because Alberta’s oil sands will continue a steady, reliable and low-cost supply of heavy oil into the future, Birn said policymakers and Canadians have options.

“Canada needs to ask itself whether to continue to expand pipeline capacity south to the United States or to access global markets itself, which would bring more competition for its products.”

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