With public opposition toward data centers growing and midterm elections on the horizon, politicians across the spectrum have introduced overreaching policies to stymie data center development and ease voters' minds. These politicians now include President Donald Trump, who has historically been a staunch supporter of the industry.

"New and large, in some cases gigantic, Data Centers are mandated by me to make their own electricity, and give or sell any excess back to the local community, or grid," Trump declared on Truth Social on Wednesday. "If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a 'dividend.' I have watched the process closely, and Data Centers that were highly unpopular in a certain area have become extremely popular when a financial deal is struck."

While Trump has suggested that power plants pay for their own power before, ​these comments are in stark contrast to him saying less than a couple of months ago that "the only reason that communities throughout the U.S.A. should not want Data Centers is if they want to end up being backward and poor." Still, the president is not wrong that the strategy could boost data centers' popularity; polling regularly shows that concerns over higher energy prices are one of the main reasons people oppose data centers in their communities.

However, mandating that these power plants "make their own electricity" is the wrong way to accomplish this objective, in part because generation costs are not the leading factor in higher electricity prices—transmission infrastructure, such as wires and poles, is. And regulatory barriers, as well as a lack of competition in the building of this infrastructure, are mostly to blame. 

Regardless, if the goal is to have data center companies produce their own electricity, easing regulations would have more impact than imposing a mandate. As Travis Fisher, director of Energy and Environmental Policy Studies at the Cato Institute, tells Reason, "If a tech company buys electricity from the owner of a power plant, in most states the power plant owner then becomes a public utility (even if the transaction occurs off-grid), which brings heavy scrutiny in the form of economic regulation."

To ease these regulatory barriers, Fisher and other experts have advocated for a Consumer Regulated Electricity model that allows large-load customers to connect directly to unregulated power producers off the grid. 

Fisher also notes that lower power costs don't automatically translate into lower utility rates. He tells Reason, "Even if a data center were to bring a matching or beating amount of supply relative to their demand, based on the way retail rates work, I am not convinced that that guarantees that prices will fall." 

On top of not solving the main driver of higher electricity prices, the mandate isn't needed because many data centers have already begun to produce their own power. A report from energy research firm Cleanview shows that operating power capacity dedicated to data centers has nearly doubled since June, while capacity under construction has roughly quadrupled. Additionally, companies including Anthropic and Microsoft are already volunteering to cover consumers' electricity costs.

By calling on power producers to make their own electricity, Trump joins the growing chorus of politicians who are convinced that the government, not the market, is best equipped to dictate how data centers grow and operate. And, in typical Trump fashion, a "mandate" on social media without any legal action behind it has left the public and investors to guess what, if anything, is actually coming. 

Building power plants requires long-term planning and investments meant to last decades, making Trump's tendency to impose abrupt policy changes less than ideal. "The fact that the rules change, not just every four years, but occasionally overnight via tweet," says Fisher, does not make for "a great investment environment."

The post Trump Wants To Force Data Centers To 'Make Their Own Electricity.' Deregulation Would Work Better. appeared first on Reason Magazine.

Earlier this week, Mississippi Attorney General Lynn Fitch said that the police shooting of 1-year-old boy Kohen Wiley in a Walmart parking lot earlier this year was a "justified" use of force. On Thursday, Sgt. Hunter Foster, the Senatobia police officer who shot Wiley, resigned from the department.

Foster's resignation comes after a tumultuous week for the Mississippi attorney general's office and the Senatobia Police Department (SPD). After Finch ruled the shooting a justified use of force on Monday, DarkHorse Press leaked footage of the body camera video from officers at the scene, along with Walmart surveillance video. On Thursday, the Mississippi Department of Public Safety released more footage, including from the bodycam of Foster, which WLBT News obtained. Together, the footage shows a less cut-and-dry incident than what statements from Fitch and the Mississippi Bureau of Investigation imply.

Surveillance footage shows Kohen's mother, Vellesiya Wiley, and her friend running to their car from the Walmart entrance as Wiley holds baby Kohen in her arms. Police officers soon enter the frame chasing the duo. After getting in the car, Wiley's friend backs out of the parking spot and hits another parked car. The officers crowd around the vehicle, drawing their guns and shouting "stop." Foster places himself directly in front of the vehicle, his gun primed and ready. The driver puts the car in gear and accelerates toward the officers. According to his bodycam footage, Foster, one of the two officers in the vehicle's path, lets off three shots as he hops out of the way and continues to aim his gun at the car as it passes him. It appears that at least one of the shots pierced the front windshield, while the others came through the window on the passenger side, where Kohen was sitting on his mother's lap. The car then drove away, and officers gave chase. 

After reviewing the footage, Ben Crump, the Wiley family attorney, said during a Thursday press conference that the police officers "never ever should have drawn their weapons for a misdemeanor shoplifting allegation."

"The shot from the side of the vehicle was not justified," he added. "[Foster] was not in harm's way when he shot from the side." He claims that the shot that killed Kohen came from the side, corroborating an independent autopsy the family conducted.

Martin Zummach, an attorney for Foster, told the Associated Press that the driver "tried to kill" his client and other officers at the scene, giving Foster "no choice but to fire his weapon." He said it was "strictly muscle memory" that led Foster to fire those additional shots, according to WSB News. "The one that went through the side glass that everybody's going crazy about? That's because she was moving so fast," he said. 

Regardless of whether the car was "moving so fast," Foster, who moved out of the vehicle's path, clearly had the choice not to fire his weapon. But instead of de-escalating the situation, the police officers decided to draw their guns and step in front of a vehicle, turning an incident involving an alleged shoplifter fleeing a misdemeanor into a life-or-death game of chicken.

The post Mississippi Cop Who Shot 1-Year-Old Kohen Wiley Resigns After State Calls Shooting 'Justified' appeared first on Reason Magazine.

On Monday, Mississippi Attorney General Lynn Fitch ruled that the police shooting of 1-year-old boy Kohen Wiley was a "justified" use of force. ​Kohen was fatally shot in June, outside of a Walmart, as cops investigated his mother and her friend for stealing diapers. Fitch didn't explain the reasoning behind the decision or what evidence was considered in a case that has sparked national backlash.

According to a June 14 statement from the Mississippi Bureau of Investigation (MBI), officers from the Senatobia Police Department (SPD) and Tate County Sheriff's Office were responding to a shoplifting call when "officers encountered two subjects and a juvenile child fleeing from the store into a vehicle." They "attempted to stop the vehicle, but the driver drove in the direction of the officers, almost striking one," and the officer then "discharged their weapon and the vehicle fled the scene." The family went to a local hospital, where 1-year-old Kohen Wiley was pronounced dead.​

Kohen's mother, Vellesiya Wiley, has a different version of events, which she outlined in a video on X following the tragedy. She said that after police tried to stop her friend (the driver) outside the Walmart, Wiley continued to go to her car, saying the interaction had "nothing to do" with her. Once she got into the car, her friend arrived and began to back out of the parking spot. Then officers came over to the car, drawing their guns. She says that after she raised Kohen to show him to the officers and try to defuse the situation, they opened fire. "[The police] tried to say that [my friend] forcefully was trying to drive and hit them, but they was all on the right side, and she was driving towards the left….They personally just shot at the car," she said. In the months since the incident, the family held several rallies, demanding justice for Kohen's death.​ 

The tragedy of the shooting has been compounded by a lack of transparency from the SPD, as well as alleged expert analysis that counteracts the MBI's statement. According to reporting from Mississippi Today, Ben Crump, a civil rights attorney who is representing the Wiley family, claims that an independent autopsy conducted by forensic pathologist Robert Mitchell indicates that the bullets entered through the front passenger door, rather than the windshield, suggesting that the officer wasn't in the vehicle's path when he discharged his gun.​

In response to Fitch's announcement on Monday, Crump released a statement asking, "How can anyone accept that conclusion when Kohen's family and the public still have not been allowed to see the body-camera footage?" 

"If the footage supports the state's decision, release it. We will not stop fighting until this family gets the truth," he added. To this point, the SPD has declined to release the footage, saying it's standard procedure during an ongoing investigation.

Crump was also keen to point out complaints of racism in the SPD: "This is a department whose chief was fired after reports of racial slurs in his text messages, and whose officer faced a complaint alleging a racially offensive remark two days before he shot Kohen."​

The SPD's chief at the time, Harold Vanderford, was unceremoniously fired after journalists from Mississippi Today, The New York Times, and Verite News revealed a slew of racist text messages he sent. According to reporting from Verite News, in one of the messages he said he "almost beat a nigger and white woman's ass a few minutes ago." Senatobia's Board of Aldermen rejected his attempted resignation and voted to fire him instead on September 1.

Crump also cited a complaint filed by Officer Dexter Smith, who claimed that Sergeant Hunter Foster, the officer who shot Kohen referred to him as "a black motherfucker" on June 12, just two days before the incident. According to reporting from Mississippi Today, Smith's complaint states that he was filling out paperwork in the booking room when he heard Foster say, "Who is this Black motherfucker back there?" to his colleagues. Smith claims to have had almost no relationship with Foster prior to the encounter.​

It's hard not to feel outraged considering that this little boy lost his life over something as trivial as shoplifting—a misdemeanor in Mississippi that does not justify use of lethal force, as Reason's Joe Lancaster wrote in June—and for diapers no less. With the bodycam footage yet to be released, all the public is left with is the state's word that the investigation found no wrongdoing. Given the multiple instances of racism within the department, it shouldn't come as a surprise if the public isn't content to take them at their word.

The post Mississippi A.G. Says Killing of 1-Year-Old Boy Over Stolen Diapers Was 'Justified' appeared first on Reason Magazine.

Three years after ending affirmative action in higher education, the Supreme Court will hear another case on race-based admissions, this time in middle schools.

On Monday, the Supreme Court agreed to hear Association for Education Fairness v. Montgomery County Board of Education. The case, which was originally brought forth in 2020 by the Association for Education Fairness (AFEF), a coalition of Montgomery County, Maryland, parents, alleges that Montgomery County's selection process for magnet programs (gifted programs for STEM and humanities studies in middle schools) violates the Constitution's Equal Protection Clause by discriminating against Asian American students. The county insists that the selection process is race-neutral.

Montgomery County changed its selection process in the 2021–22 school year. According to reporting from The New York Times, the county was facing pressure from community groups, including the NAACP and Citizens Assisting and Sheltering the Abused (CASA Inc.), over the underrepresentation of black and Latino students in its magnet programs. Previously, students were selected based on test scores and grades. The new process implemented a lottery system in which high-achieving students are placed in a selection pool and selected at random.

The AFEF's central complaint is that the new system factors school poverty levels into the criteria for pool eligibility. This means students' eligibility depends on their scores relative to students in similarly affluent or disadvantaged schools, rather than the general population. They argue that since Asian Americans are concentrated in high-performing, lower-poverty schools, they have to clear a higher bar to become eligible. The group alleges the new system has caused fewer Asian American students to be admitted into magnet schools, a claim that is backed up by admissions data (which also show that the share of Asian American applications has fallen). The AFEF also cites Montgomery County's 2015 hiring of Metis, a national consulting firm, to recommend ways to make the system more "equitable" as an indication of the county's effort to "racially balance" its magnet programs.

​The complaint was dismissed by U.S. District Judge Paula Xinis in 2022, who ruled that the parents hadn't shown the policy disproportionately harmed Asian American students, citing the fact that they made up a larger share of admitted students than of the applicant pool. Xinis drew a distinction between accounting for economic disparities, which she called "wholly permissible," and racial discrimination. "Alleged disparity in treatment based on socioeconomic status alone does not make plausible discrimination on account of race," she wrote in the ruling. The tension raised by Xinis sits at the center of many debates regarding diversity, equity, and inclusion, as factors like poverty levels can often become a proxy for race; therefore, policies that are neutral on their face can still disparately impact a certain race.

In February, the 4th Circuit Court of Appeals upheld the dismissal, ruling that precedent from the Coalition for TJ v. Fairfax County School Board (2023) requires parents to show the policy disproportionately harmed Asian American applicants, which they hadn't. However, there is a real legal question as to whether racial groups should have to prove they were harmed as a group, as opposed to the individual, and lower courts have given mixed answers.

The ​Pacific Legal Foundation (PLF), a public-interest law firm representing the AFEF, litigated a similar case in New York City, where the city implemented an economic need index in its admissions process for competitive high schools, aimed at increasing the number of black and Hispanic students. Again, parents alleged that the requirement discriminated against Asian American students. In 2024, the 2nd Circuit Court of Appeals found that if the city intended to discriminate, the parents don't have to prove Asian Americans were harmed as a group and that harm to an individual was enough for the case to move forward. The case was sent back to the district court to determine whether the city intended to discriminate, where it remains pending.

​The Supreme Court will now settle the issue and determine "whether a plaintiff challenging a facially neutral admissions policy as racially discriminatory must establish that the targeted racial group suffered an aggregate disparate impact relative to its share of the applicant pool," according to SCOTUSBlog. 

In a statement on Monday, PLF Senior Attorney Chris Kieser said, "The Constitution protects students as individuals, not as members of a racial group. A school district should not be able to defeat a discrimination claim by showing that its policy did not harm enough Asian American children. Every family deserves admissions rules that judge their child on their own merit."

The post Supreme Court Takes Up Accusations of Race-Based Middle School Admissions appeared first on Reason Magazine.

School choice in Ohio has taken a big hit. On Thursday, a panel of the state's 10th District Court of Appeals unanimously ruled the state's Educational Choice Scholarship, or EdChoice, program unconstitutional.

Vouchers Hurt Ohio (VHO), a coalition of public school districts, banded together in 2022 to sue the state over the EdChoice program, which uses public funds to finance scholarships for K-12 students to attend private schools. Under EdChoice's "Traditional Plan," which has been around since 2005, students can receive annual scholarships as high as $6,166 for elementary and middle school and $8,408 for high school. The scholarship's "Expansion Program," which state lawmakers created in 2013, awards maximum scholarship amounts identical to the Traditional Plan, "but scale based on a family's income," according to EdChoice, an educational freedom nonprofit. The organization says the scholarship program supports more than 100,000 Ohio families.   

The VHO argues that the EdChoice scholarship program drains funding from the public school system, depriving Ohio students of much-needed resources. Its website states "private school vouchers create a system of state-funded discrimination" and that school choice is a "myth." Interestingly, the Court of Appeals of Ohio's 10th Appellate District largely concurred.

The court's ruling came down to Article VI, Section 2 of the Ohio Constitution, which says that the state must secure a "thorough and efficient system of common schools."

The panel held that the EdChoice voucher program violates this mandate by funding a "competing system of uncommon schools." Writing for the court, Judge David Leland took the argument further, contending that EdChoice schools "actually end up depriving families of choice." He cited private schools' selective admissions process and urban concentration, calling the defendants' appeals to choice "a fundamental misnomer," because the choice to admit students rests with the schools, not the families.

Keith Neely, an attorney at the Institute for Justice who represents families using EdChoice in the case, argues that the program funds families rather than a competing school system.

He also challenges the court's rationale that the state's obligation to fund public schools implicitly prohibits them from funding other forms of education. "I think that's just fundamentally wrong as a matter of constitutional interpretation and also just as a matter of public understanding," he tells Reason.

The court "seemed to take the view that any dollar spent on other educational programs like scholarships is a dollar that could be spent on public schools instead, but that's not how budgeting works," he says. 

Neely says that public education funding is separate from the scholarship program and that every funding decision has tradeoffs. If the court finds that EdChoice's school voucher program violates the state's obligation to fund public schools, what stops it from reaching the same conclusion for other programs, like the Jon Peterson Special Needs Scholarship or the Cleveland Scholarship program, which provides private school tuition scholarships for K-12 students living in the Cleveland Municipal School District?

Neely also points to Simmons-Harris v. Goff (1999), where the Ohio Supreme Court partially reversed a lower court's ruling and found that school choice was constitutional under the same public-education clause. The court invalidated the Cleveland scholarship program in question, finding that it was "improperly enacted by the legislature," according to the Institute for Justice. However, the Ohio Legislature later reenacted the program.

The families using the EdChoice scholarship program—as well as the state's attorney general—plan to appeal to the Ohio Supreme Court, and Neely is optimistic that history will repeat itself in this case. He tells Reason, "When you look at what the Constitution says, and you look at what the court said in Simmons-Harris, I think the only conclusion that the Ohio Supreme Court can walk away with is that programs like the Educational Choice Scholarship program are constitutional." Families will be able to keep their scholarships while the litigation is pending.

This case is just one battle in a nationwide war on school choice. A recent report from Reason Foundation, the nonprofit that publishes Reason, found that 80 percent of public-school students live in states with "weak or ineffective open enrollment laws." These laws "allo[w]  students to transfer to public schools other than their residentially assigned one, provided space is available," writes Jude Schwalbach, senior policy analyst at Reason Foundation. Several states are also holding out against the Education Freedom Tax Credit, a new federal tax credit that offers a dollar-for-dollar tax refund for donating to K-12 scholarship programs. 

The court's decision reflects the broader rationale fueling that opposition: that education dollars going to anything other than public schools are taken from ordinary students. For decades, policymakers have invested in that premise, yet student outcomes have little to show for it. The real myth isn't school choice; it's that giving families more options means betraying students' education.

The post Ohio Court Strikes Down a Scholarship Program That Supports More Than 100,000 Families appeared first on Reason Magazine.