In October of this term, the US Supreme Court heard arguments in the case of Florence v. Burlington County, NJ, et. al. As of today, they have yet to release an opinion in the case although every other case heard in October has been decided. This clearly indicates that the Justices are having a lot of difficulty with this case and cannot possibly reach a | Read More »
The Supreme Court will be hearing the oral arguments over Obamacare this week. This is the Court’s schedule for the week: Monday 3/26/12- Will release orders from their conference of 3/23 where they grant new cases for the October 2012 term, deny petitions, hold them over for possible resolution of companion cases, or ask for opinions from the Solicitor General; Followed by at least one | Read More »
In an effort to keep RedState readers updated regarding court cases in the eleven circuit courts of appeal (I am not including the DC Circuit) that may eventually reach the Supreme Court, or that touch upon issues near and dear to conservatives, I thought it worthy to briefly discuss, by circuit, some cases. I will probably do this every three months in an effort to | Read More »
On April 4th, the First Circuit Court of Appeals, despite some twists and turns (to be explained), will hear arguments on a lower court ruling that ruled the Defense of Marriage Act (DOMA), passed in 1996, unconstitutional. Specifically, Section 3 of that Act is moving towards a collision course with the Supreme Court. Section 3 defines the term “marriage” as being between a man and | Read More »
On Monday March 19, the Supreme Court denied three cases of interest- two involving religion in the abstract and another involving reapportionment and the census. The latter is a case being pursued by the state of Louisiana which seeks to invalidate the 2010 Census results. They claim that is inherently unfair and unconstitutional to count illegal immigrants as part of the population for reapportionment purposes. | Read More »
In past articles, I have mentioned that the Supreme Court can conceivably delay a decision on the constitutionality of Obamacare if they determine that the penalties through the tax code essentially are a tax and, therefore, the Anti-Injunction Act would put off the issue until 2015. To do so, the Obama Administration would have to prove that the penalty is a tax, something they argued | Read More »
Perhaps the most surprising aspect of this series of cases before the Supreme Court is their willingness to rule on the power of Congress to expand the right of “poor people” to health care benefits under Medicaid. The aim of theory at stake is to put limits on the power of Congress to spend money on public programs. It has only twice taken on the | Read More »
There is much talk here on these pages and on other conservative sites that the Tenth Amendment is some broad grant of state’s rights. Many argue that because of the 10th Amendment, the federal government cannot wade into areas that traditionally have been the province of state governments. However, to assert that argument is to read way too much into the Amendment as stated. In | Read More »
To do justice to this subject, this must be presented in several parts because there are several issues the Supreme Court must decide. I should say up front that I am adamantly opposed to Obamacare. I believe that there are better ways to address health care reform than that which was chosen. Additionally, the method used- budget reconciliation- to pass a law that reordered 16% | Read More »
The purpose of this entry is not necessarily to get into the morality of gay marriage or homosexuality. As people are aware, due to a decision of the California courts, gay marriage was “approved” in California. However, opponents soon got Proposition 8 on the ballot and it passed which essentially overruled the courts and negated gay marriage. However, gay activists in the state then challenged | Read More »
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