Red State Uprising Question 5: More of a statement about ‘Never Again’

    PP.76-77 I am regularly told my ‘Never Again’ holding my nose attitude to avoid electing wishy-washy, moderate Republicans will harm the country.  I offer an example from the 1940’s as to why we must all Never Again or we are doomed… The Supreme Court’s decision in Wickard v. Filburn is a perfect encapsulation of the explosion of federal powers that occurred in the 1940’s.  In | Read More »

    Massachusetts, Free Speech and Abortion Clinics

    On Wednesday, the Supreme Court heard oral arguments in the case of McCollum vs. Coakley, a case which challenged a Massachusetts law involving a 35-foot free speech buffer zone around abortion clinics in that state. The law was passed ostensibly to deal with cases of pro-life “protesters” blocking clinic access to patients. It became quite obvious early in this case that the pro-life “protesters” were | Read More »

    The Noel Canning Case

    In a previous entry, I outlined the arguments in the case of NLRB vs. Noel Canning Company. To rehash, the company here lost a decision before the National Labor Relations Board. Upon appeal to the District Court of Appeals in DC, they won their case arguing that the decision could not stand since the composition of the NLRB was unconstitutional. Specifically, they argued and won | Read More »

    NM Supreme Court: Gays as Capable of “Responsible Procreation” as Heterosexuals

    First comes love,  Then comes marriage,  Then comes… Last week the New Mexico state Supreme court ruled redefining marriage, mandating that changes be made so as to not “discriminate” based on gender.  The decision was 5-0 and the opinion read in part: We separately consider the purported governmental interests in responsible procreation and responsible child rearing. Regarding responsible procreation, we fail to see how forbidding | Read More »

    EPA Powers Before the Supreme Court Again

    On Tuesday, the Supreme Court will hear the consolidated cases of EPA vs. EME Homer City Generation and American Lung Association vs. EME Homer City Generation. The Homer City coal electricity-producing plant is the focal point of a battle between the EPA and environmentalists on one side and the energy industry on the other side. The plant itself is located in Indiana County, Pennsylvania. First, | Read More »

    Hobby Lobby #Obamacare conscience exemption case to be heard by Supreme Court.

    Not unexpected, but not before time, either. The U.S. Supreme Court today agreed to review the lawsuit filed by Hobby Lobby against the federal government over the Obamacare mandate that employers provide contraceptive coverage in their health plans. Hobby Lobby, which is owned by an Oklahoma City family with strong Christian beliefs, says a 1993 law, the Religious Freedom Restoration Act, protects the company from | Read More »

    The Supreme Court’s December Docket

    In December, the Supreme Court will hear oral argument in 11 cases. Two of the cases are considered major cases. In order, the following is a brief synopsis of the cases as they will be heard by the Court. They touch on a variety of issues. Michigan vs. Bay Mills Indian Community: This case asks whether the federal courts can be used to enjoin activity | Read More »

    The Legality of Obamacare

    Barack Obama and Franklin Roosevelt have something in common- highly litigated legislation. The difference is that the court cases involving the New Deal were spread across a myriad of programs whereas with Obama, the bulk of the cases center on a single piece of legislation- Obamacare. To understand the importance of recent challenges to the ACA, we need to first look at the Obamacare case | Read More »

    The Rare Roberts Court Abortion Case… NOT

    While most Supreme Court watchers had their eye on the Establishment Clause case this week, overlooked was an order released on Monday. That order has dismissed a case involving Oklahoma’s abortion law, a case they had previously granted but dismissed as “improvidently granted.” One thing noticeable about the Roberts Court in recent years is the absence of cases involving abortion. This term, they got a | Read More »

    Vinegar in a Fish Bowl

    Today, the US Supreme Court will hear the case of Bond vs. United States. At first glance, this would appear to be an innocuous case out of Pennsylvania involving a distraught wife who discovered her husband was cheating on her. Some of the facts are comical as if out of a Looney Tunes cartoon starring Wile E. Coyote. However, the ramifications of this case are | Read More »

    Town of Greece vs. Galloway: A Primer

    On Wednesday November 6th, the United States Supreme Court will return to a controversial field that they have largely avoided since 1983- public prayer by governmental bodies. The town of Greece, located in upstate New York, is a suburb of Rochester and numbers some 100,000 people. Since about 1999, their City Council has opened their sessions with a prayer by invited clergy. The facts of | Read More »

    The Supreme Court- Week of October 22nd

    The Supreme Court is currently quiet as concerns oral arguments and will next hear cases beginning on November 4th. That is not to say that its members have dispersed to parts unknown. Next week, they will reconvene on Friday November 1st during their weekly conference to consider more cases. The Court has room for about 20 more cases. They have heard oral argument in 11 | Read More »

    Redefining marriage in New Mexico would hurt equality

    In New Mexico the Left is attempting to change the definition of marriage– a sacred vow between one man and one woman. In New Mexico, marriage licenses are written to allow ONE MALE applicant and ONE FEMALE applicant.  The forms make it clear.  But beginning this fall something changed.  One county clerk just decided to order new marriage licenses– going around the law and printing | Read More »

    At the Supreme Court This Week

    The Supreme Court will be closed on October 14th in observance of Columbus Day. Thus far, they have indicated no willingness to close due to the government shutdown and have informed counsel in upcoming cases to proceed as if there will be no closing. Some of the Supreme Court’s funding comes from filing fees and the like, thus they are not as affected as other | Read More »

    Affirmative Action at the Supreme Court (Again)

    This case arose in the wake of the Supreme Court’s decisions in Gratz v. Bollinger and Grutter v. Bollinger. In 2006, voters in Michigan passed a constitutional amendment to prohibit both discriminating against and granting preferential treatment in public education, government contracting and public employment based on race, sex, ethnicity or national origin. After a series of lower court rulings, the Sixth Circuit Court of | Read More »