By: Jeff Emanuel (Diary)  |  March 27th at 01:45 PM  | 

I’ll leave further commentary to our excellent lawyers, but here’s the video: The CNN legal correspondent’s comments included the following: This was a train wreck for the Obama administration. This law looks like it’s going to be struck down…All of the predictions including mine that the justices would not have a problem with this law were wrong. …The only conservative justice who looked like he | Read More »

By: Brian Darling (Diary)  |  March 26th at 01:00 PM  | 

Shall the federal government be allowed unfettered power over citizens?  That is the ultimate question for nine justices of the U.S. Supreme Court this week.  The three days of Supreme Court oral arguments on ObamaCare may be the most important constitutional discussions of our lifetime. This week in Washington is going to be dominated by a national discussion the constitutionality of ObamaCare, yet Congress plods on.  The House of Representatives is expected to take | Read More »

By: Moe Lane (Diary)  |  March 26th at 11:00 AM  | 

The first round of the US Supreme Court’s attempts to settle the problem that is Obamacare takes place today, and from the Obama administration’s purely partisan (and particularly puerile) perspective, there’s no winning scenario available. Essentially, what’s happening today is the courts are hearing arguments about whether or not Obamacare’s individual mandate qualifies as a tax. If it does qualify as a tax, then under | Read More »

By: Michael Hammond (Diary)  |  March 25th at 10:13 PM  | 

It would be nice if the future of federalism did not rest on what Anthony Kennedy had for breakfast –- if Senate Republican Leader Mitch McConnell did not spend all of December, 2009, giving Harry Reid back-to-back votes on issues which allowed Reid to buy off swing senators. But we are where we are. So… THE OBAMA ADMINISTRATION HAS ONE ARGUMENT STANDING ON BEHALF OF | Read More »

By: Daniel Horowitz (Diary)  |  February 7th at 01:28 PM  | 

While most of us have been caught up in the brouhaha of electoral politics, liberal activists have been working indefatigably to pack the courts – the unelected branch of government – with radical statists.  We might have turned over a number of congressional seats in 2010, but Obama has successfully turned over many conservative seats in our federal court system.  Since taking office, Obama has | Read More »

By: Neil Stevens (Diary)  |  November 15th at 02:30 AM  | 

Censorship’s the big word right now. The FCC’s under pressure to ban pro sports blackouts, and the Supreme Court may end national profanity rules. However I consider those things small. Few people have access to television broadcasts. Most of us aren’t actually censored by these regulations. We all have access to the Internet though; that’s how a nobody like me is able to shape the | Read More »

By: Brad Jackson (Diary)  |  September 27th at 10:03 AM  | 

Download Podcast | iTunes | Podcast Feed On today’s edition of Coffee and Markets, Brad Jackson and Elizabeth Blackney are joined by Hans von Spakovsky from the Heritage Foundation to discuss the 11th Circuit case against Obamacare that is now headed to the Supreme Court, why this is the most important of the legal challenges, and how the court may rule. We’re brought to you | Read More »

By: Neil Stevens (Diary)  |  June 28th at 02:00 AM  | 

And we truly are back. Friday night was a night off thanks to some maintenance at RedState. It was nice because I could rest on a Friday night… but it’s not so nice now when I have a whopping 20 Firefox windows to sort through tonight. So here we go. With so many big stories going on, it’s hard to pick which one to start | Read More »

By: Moe Lane (Diary)  |  June 26th at 03:00 PM  | 

…what?  I am perfectly entitled to use the rules of thumb popularized by left-wing hack groups like ThinkProgress or Talking Points Memo: since they felt justified in using uncorroborated anonymous reports to vicariously convict Prosser of assault, they have absolutely no justification for other people using the precise same criteria to vicariously convict Bradley.  Besides, my version makes much more coherent sense. OK, let me | Read More »

By: Curt Levey (Diary)  |  April 25th at 05:33 PM  | 

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 »

By: Dan McLaughlin (Diary)  |  March 21st at 11:00 AM  | 

The Fourth Amendment, which protects Americans from unreasonable searches and seizures and demands that judicial officers issuing search warrants do so only on a showing of probable cause, is an important guarantee of our civil liberties, designed to protect personal privacy – especially in the home – from random governmental snooping. The Fourth Amendment tends to get a lot of bad press because it is | Read More »

By: Brian Wilson (Diary)  |  March 1st at 06:06 AM  | 

No one likes child abusers. Before the Supreme Court decided to codify in our Constitution the European notion that child molesters should suffer repeated rape in prison rather than be put to death, Louisiana made child molestation a death penalty offense. However, as any conservative knows, “for the children” is a codeword for “this is going to hurt.” Anyone who watched daycare workers and parents | Read More »

By: Ben Domenech (Diary)  |  February 9th at 02:33 PM  | 

Today, twenty-eight Republican governors sent a letter to the White House urging President Obama to support an expedited review of his namesake health care law by the Supreme Court. Here’s the PDF of the letter, which reads in part: “Given the daunting and costly financial and regulatory burdens that our states and the private sector will face in implementing PPACA over the coming years, particularly | Read More »

By: Curt Levey (Diary)  |  January 31st at 11:59 PM  | 

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 »

By: Melissa Clouthier (Diary)  |  January 31st at 06:16 PM  | 

Wow. Here’s a link to the Vinson Ruling. Thoughts: Well, I’ve read the whole thing. This really does hinge on what powers the Supreme Court is willing to grant Congress over the individual. I’m hoping the Supreme Court trims Congress’ wings who in turn should trim the Executive Branches’ wings regarding all their legislation by regulation. See excerpts and pages below the fold. [Cross-posted at | Read More »