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 »

    Campaign Finance: Supreme Court Arguments Yesterday

    The Supreme Court heard oral argument in the McCutcheon vs. FEC case yesterday. To recap, McCutcheon is a wealthy Alabama Republican who is contesting the biennial limits on campaign contributions which any donor can make to candidates over a two-year period. This translates into about $116,000 over that time span. The aggregate limits are at issue here since McCutcheon rightfully argues that it restricts the | Read More »

    McCutcheon vs. FEC- Part 5: The Problem With Contribution Limits

    Before using some illustrative problems with campaign contribution limits- the issue in this case- we need to get beyond a certain liberal Utopian myth. Democrats and liberals are often loose with their tongues in many areas in their criticisms of conservatives when they claim the GOP or the Tea Party wants to return us to a bygone era. With respect to campaign finance, Democrats and | Read More »

    McCutcheon vs. FEC: Part 4- Divining a Decision

    So, what exactly is the McCutcheon case to heard in the October 2013 term of the Supreme Court? Shaun McCutcheon is an Alabama political activist and businessman. Under campaign donation limits codified in McCain-Feingold from the earlier FECA of 1971, McCutcheon is limited in the amount he can donate under a complicated accounting system. Simply, he and co-petitioner, the RNC, believe the law to be | Read More »

    McCutcheon vs. FEC- Part 3: Citizens United

    Almost as soon as the Supreme Court announced they would accept the McCutcheon case, the liberal media and their academic allies have portrayed this case as “Citizens United 2.0″ or “Citizens United on Steroids.” However, much of the criticism is misdirected and illustrates liberal ignorance of the Citizens United case in the first place. In 2002, Congress passed and Bush signed the Bipartisan Campaign Reform | Read More »