Writing in today’s Wall Street Journal, David Rivkin and Lee Casey argue that a Supreme Court invalidation of Obamacare would not be judicial activism as the President has contended. To the contrary, they say, it would be the Supreme Court performing its constitutional duty. Read more on the subject here, here and here.
This report in The National Law Journal details how the power of the prosecutor was abused in the Ted Stevens case. It should stand as a reminder of the fundamental importance of our constitutional guarantee of due process.
WHY IS THE LIBERTY-LOVING PRESIDENTIAL CANDIDATE TAKING HIS CUES FROM FDR? Originally published in Defining Ideas 1/26/12 – Last month, presidential candidate Newt Gingrich released an agenda of executive and legislative actions to halt the abuse of judicial authority and to restore the constitutional separation of powers. According to the Gingrich plan, the most fundamental [...]
For the last two decades while politicians have been multiplying regulations at an astonishing rate and thereby compromising economic liberties, a small public interest law firm in Washington, D.C., has been quietly tugging the courts in a different direction. For an informative and inspiring interview with the leader of this effort, see today’s “Weekend Interview” [...]
The Washington Times reports on the important role judges are playing in determining which party will control the House of Representatives and by how much.
Even with voter approval of Congress at a record low of 11%, cronyism still runs strong. Michelle Malkin comments on the nomination of a federal judge whose confirmation might just help New Jersey senator Frank Launtenberg get reelected — if he doesn’t expire from old age first.
Earlier this week Senate Republicans blocked President Obama’s nomination of Caitlin Halligan to the District of Columbia Circuit Court of Appeals. The President, not surprisingly, is outraged. He responded that Halligan’s nomination “fell victim to the Republican pattern of obstruction” and that the 54-45 vote for cloture (60 votes are required) “dramatically lowers the bar” [...]
ORIGINALLY PUBLISHED ON DAILYCALLER.COM 11/11/11 – With the D.C. Circuit’s decision this week in Susan Seven-Sky v. Eric Holder, the Obamacare table is finally set for the Supreme Court. Most Supreme Court watchers expect the Court to review, before the end of its current term, at least one of the several appellate court decisions on [...]
ORIGINALLY PUBLISHED IN RENEW AMERICA 09/12/11 – The way I was raised you give a new president a chance even if you didn’t vote for him. But I jumped the shark on Barack Obama when he allowed Attorney General Eric Holder to make disconcerting noises about adjudicating the case of Khalid Sheikh Mohammad as if [...]
Now that a “first year law student mistake” has led to the dismissal of the Roger Clemens trial for lying to Congress, can we expect the Department of Justice to seek a new trial? And if so, shouldn’t we ask why the federal government is in the business of prosecuting high profile athletes while Congress [...]
Two decades after it began, there’s no end in sight to legal wrangling over the Hanford Nuclear Reservation. Is this how litigation is supposed to work? Like the radiation that was intentionally released from the Hanford Nuclear Reservation in the late 1940s, a lawsuit brought on behalf of individuals claiming radiation sickness has been out [...]
Two weeks ago we reprinted my commentaries in The Daily Caller and the Missoulian on the national campaign seeking judicial enforcement of a claimed state public trust responsibility to regulate greenhouse gas emissions. Today I am following up with a comment on the recent Montana Supreme Court decision. In the earlier posts, I pointed out [...]
The many lawsuits challenging the constitutionality of Obamacare and slowly working their way through the federal courts. The 11th Circuit heard oral arguments last week and two other appellate courts will hear arguments in the next couple of months. Lawyers David Rivkin and Lee Casey, who represent 26 states on one of the lawsuits, explain [...]
Last month the National Labor Relations Board filed a complaint against Boeing, claiming that the aircraft manufacturer located its new 787 Dreamliner assembly plant in South Carolina, rather than Washington State, in retaliation against the Machinists Union and therefore in violation of federal law. Boeing has now rejected a settlement proposal from the Machinists and says [...]
05/31/11 by Jim Huffman, Missoulian – The Montana Supreme Court has been invited to engage in some creative judging. A petition in the name of several children and young adults has been filed, asking the court to declare that the State of Montana, including the Legislature, has failed to meet a legal duty to mitigate climate [...]
By Jim Huffman – The United States Supreme Court’s recent decision in Brown v. Plata is certain to result in both praise and condemnation. While there are clearly serious problems of overcrowding in the California prison, the critics have the better argument. The holding in the 5-4 majority’s opinion, written by Justice Anthony Kennedy, is [...]
5/24/11 Wall Street Journal A 5-4 liberal majority orders the release of tens of thousands of prisoners. Yesterday the Supreme Court ordered California to release 46,000 convicted criminals—people who society has decided, through a fair and impartial judicial system, are dangerous or deserve to be punished. Justice Antonin Scalia, in a powerful dissent, calls it [...]
