Supreme Court:

Structural Revolution Is Coming

Structural Revolution Is Coming

David Brooks argues in The New York Times that the economic policy choice is not between taxing and spending more (with more debt) and taxing and spending less (with less debt).  What is needed, says Brooks, is structural reform.  If Brooks is correct, structural reform will come and the only question is how much damage [...]

Liberty and the Obamacare Mandate

Liberty and the Obamacare Mandate

A Speech Delivered to Portland Rotary — May 1, 2012 –   Can Congress mandate that you and I purchase health insurance on penalty of payment of a fine if we do not?  As a matter of raw political power?   Absolutely.  We saw it happen in 2010, complete with Cornhusker kickbacks and Louisiana purchases. But [...]

The Wisconsin Recall Election and Citizens United

The Wisconsin Recall Election and Citizens United

Writing in Commentary, Jonathan Tobin suggests that liberals might want to take a second look at the effects of the much disparaged Supreme Court ruling in Citizens United.  Both sides in the Wisconsin recall election are getting their full say.  Isn’t that what’s supposed to happen in a democracy?

What the Arizona Immigration Case is Really About

What the Arizona Immigration Case is Really About

IT’S NOT ABOUT INDIVIDUAL RIGHTS OR STATES’ RIGHTS; IT’S ABOUT POWER: Originally published in The Daily Caller — April 26, 2012 – In his coverage of the U.S. Supreme Court’s hearing on the validity of Arizona’s immigration law (S.B. 1070), ABC News reporter Terry Moran stated that the issue before the court is: “Does Arizona [...]

Supreme Court Hears Arizona Immigration Case

Supreme Court Hears Arizona Immigration Case

Speculation is that the Court may uphold at least part of the Arizona immigration law (SB 1070).  Here are reports from The Wall Street Journal, The New York Times and The Los Angeles Times.

One Man’s Judicial Activism is Another Man’s . . .

One Man’s Judicial Activism is Another Man’s . . .

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.

Another Constitutional Problem with Obamacare?

Another Constitutional Problem with Obamacare?

Back when the Patient Protection and Affordable Care Act was under consideration in Congress, there was talk about “death panels” the law would create to decide on what procedures would be authorized and what would not.  The use of the term “death panels” was roundly condemned as a scare tactic distortion of the proposed law.  [...]

Where’ the Work in Raising Five Sons?

Where’ the Work in Raising Five Sons?

So now let’s insult all the stay at home moms.  Writing in Sunday’s New York Times, Frank Bruni observes that “by the standards of Hilary Rosen, whose name and swipe at Ann Romney just possibly crossed your radar last week, my mother also never worked a day in her life, at least not after she [...]

Living Constitution Theory  by a Different Name

Living Constitution Theory by a Different Name

Originally published in Defining Ideas — April 13, 2012 – Constitutional Footsie – How can we have rule of law when judges can amend our founding document at their whim? The term “living constitution” doesn’t poll well. That’s what Constitutional Accountability Center (CAC) president and founder Doug Kendall told participants in a teleforum sponsored by [...]

Supreme Court Rises in the Polls

Supreme Court Rises in the Polls

Before the widely publicized Supreme Court arguments over the constitutionality of Obamacare, the Court’s approval rating had fallen to an all time low of 28% — better than Congress, but not very good.  After the arguments in Obamacare, and after President Obama’s direct attack on the Court as activist, the Court’s approval rating rose 13 [...]

Judiciary vs. Executive: Round II

Judiciary vs. Executive: Round II

Two days ago, Judge Jerry Smith of the 5th Circuit Court of Appeals ordered the Department of Justice to explain whether the government agreed or disagreed that the federal courts have authority to invalidate laws they find to be beyond Congress’ constitutional authority.  The order was specifically framed in the context of President Obama’s recent [...]

Obama vs. Supreme Court

Obama vs. Supreme Court

PRESIDENT OBAMA SETS THE STAGE FOR A POLITICAL ASSAULT ON THE SUPREME COURT – Originally published on The Daily Caller 04/03/12 – President Obama says that the Supreme Court would be taking an “unprecedented, extraordinary step” by overturning the Patient Protection and Affordable Care Act (Obamacare), since the act was passed by “a strong majority [...]

Obama Administration Plays Defense in Second Day of Supreme Court Arguments

Obama Administration Plays Defense in Second Day of Supreme Court Arguments

This report from The Wall Street Journal suggests that the five conservatives on the U.S. Supreme Court are skeptical of the government’s claim that the individual mandate of Obamacare fits within prior commerce clause precedent.  Justice Kennedy says there is a “heavy burden on the government.”  Read the story here.

Will the Supreme Court Accept the Challenge of Protecting Liberty?

Will the Supreme Court Accept the Challenge of Protecting Liberty?

INDIVIDUAL MANDATE CASE IS AN OPPORTUNITY TO BEGIN RESTORING FRAMERS’ VISION: Originally published in The Daily Caller — 3-26-12 – Today the United States Supreme Court began three days of hearings on the constitutionality of the Patient Protection and Affordable Care Act (Obamacare). Challengers claim the law’s mandate that individuals purchase insurance or pay a [...]

3 Big Things Wrong with Obamacare

3 Big Things Wrong with Obamacare

Writing in today’s Oregonian, Charles Krauthammer explains that the Affordable Care and Patient Protecti0n Act is neither affordable nor does in protect patients.  Read the full commentary here.

Politics and the Supreme Court

Politics and the Supreme Court

Originally published in The Daily Caller, 2/6/12 An editorial in Sunday’s New York Times reminded me of an important issue not much discussed among the dwindling number of candidates for the Republican presidential nomination: the future of the federal courts and particularly of the United States Supreme Court. Newt Gingrich has put out a proposal [...]

Ginsburg Staying Put

Ginsburg Staying Put

SUPREME COURT JUSTICE WILL NOT RETIRE BEFORE 2012 ELECTIONS TO CHAGRIN OF OBAMA, LIBERALS: Ruth Bader Ginsburg has donned a black robe for 32 years, including 18 on the Supreme Court, and she has no plans to hang it up anytime soon. Senate halls have been buzzing for about a year about the prospect of [...]

A 9-0 Vote for Liberty

A 9-0 Vote for Liberty

Yesterday the United States Supreme Court ruled that police cannot, without a warrant, attach a gps tracking device to a person’s car for 30 days and then arrest the person on the basis of information obtained through the tracking device.  Although the members of the court differed on the reasons for their ruling, it is [...]

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