The Supreme Court’s announcement today that it will review the constitutionality of ObamaCare ensures that the health care law will be one of the biggest issues in next year’s presidential and Congressional elections. Federalism – including the Tenth Amendment and Congress’ enumerated powers – will also be a prominent election issue because the Court’s decision will have even larger implications than the fate of ObamaCare. | Read More »
In one of the most outrageous examples of judicial activism ever seen, a 3-judge panel of the U.S. Court of Appeals for the Sixth Circuit has struck down the voter-approved Michigan Civil Rights Initiative (MCRI), which bans racial and gender preferences in Michigan’s public employment, education and contracting. In today’s 2-1 decision, two Clinton appointees came to the startling conclusion that MCRI violates the U.S. | Read More »
From the diaries by Erick A number of people have asked me whether today’s rejection of Virginia’s request for expedited Supreme Court review of its ObamaCare challenge tells us anything about how the Court will ultimately rule on the statute’s constitutionality. The answer is no. It is folly to draw any conclusions because it’s extremely unusual for the Supreme Court to grant certiorari – that | Read More »
Compare the news out of France and the U.S. Supreme Court yesterday, both involving the limits on offensive speech. In Snyder v. Phelps, the High Court ruled 8-1 that the First Amendment protects the Westboro Baptist Church from being sued for picketing the funerals of U.S. troops with signs such as “Thank God for Dead Soldiers.” The Topeka church’s message is that God hates the | Read More »
From the diaries by Erick The biggest news in today’s ruling that the ObamaCare individual mandate is unconstitutional is the court’s decision to strike down the entire ObamaCare statute because the unconstitutional mandate cannot be severed – that is, separated – from the rest of the statute’s provisions. Today’s decision signals, not only that the individual mandate is unlikely to survive its now-inevitable review by | Read More »
When it comes to the most important qualities we look for in a senator—good ideas, leadership ability, intelligence, articulateness, strong principles, a compelling vision for the future, and the like—Christine O’Donnell stood out as the better choice for Delaware voters during last night’s debate. But the MSM seems to be focusing, instead, on a somewhat less important quality where O’Donnell’s opponent, Chris Coons, might have | Read More »
In an op-ed in the Daily Caller, I conclude that [B]elievers in the rule of law have several things to cheer in the Kagan confirmation battle. Republican senators mounted their strongest opposition in more than a century, sending strong signals to the White House about future Supreme Court picks, while teeing up important issues for this fall’s Senate races. The confirmation fight also saw the | Read More »
Yesterday, RedState’s Erick Erickson broke the story that [T]he National Rifle Association’s management team has explicitly and directly told the NRA’s board they are prohibited from testifying about second amendment issues during the Elena Kagan confirmation hearings. … [and] from coming out against Kagan in their individual capacity. Matt Lewis of Politics Daily and I added some details this morning. Matt notes that [I]t appears | Read More »
The Supreme Court announced today that it will decide, in McDonald v. Chicago, whether the Second Amendment applies to state and local gun laws. That puts the focus on the Court’s newest Justice, Sonia Sotomayor, and on President Obama’s future picks for the Court. Gun owners were alarmed by Sotomayor’s nomination to the Court, because of her “extreme anti-gun philosophy” and record on the Second | Read More »
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