Law

The solicitor general had an interesting morning. He argued before the Supreme Court's nine justices that Obamacare's individual mandate isn't a "tax"—even though he'll argue tomorrow that the mandate is a "tax." And then the government's top litigator invoked the possibility of incompetent government litigators as a reason to reject an argument raised by the plaintiffs

Welcome to the Supreme Court's review of Obamacare. One day down, two more to go.

The U.S. Supreme Court announced that it will hear a challenge to the Obamacare ruling issued by a 3-judge panel of the 11th Circuit Court of Appeals.

Indiana state supreme court justice Steven David, a recent appointee of Governor Mitch Daniels, authored a 3-2 opinion that openly admits to overturning several centuries of common law understanding. At issue was this question: If police officers attempt to unlawfully enter the home of a free citizen, does that citizen have the right to resist them?

The Wall Street Journal:

Schools for Misrule
Legal Academia and an Overlawyered America
by Walter Olson

Legal activist groups filed an extraordinary lawsuit yesterday to prevent the U.S. military and CIA from undertaking the "targeted killing" of persons suspected of posing a terrorist threat to the U.S.

According to the Washington Examiner, Virginia attorney general Ken Cuccinelli has issued a formal opinion recognizing that state and local law enforcement officers have authority to "inquire into the immigration status of persons stopped or arrested."

Amid the controversy arising from the federal district court's decision to strike down portions of Arizona's Senate Bill 1070, one must keep in mind the fact that the case is at its most preliminary stage.

A federal lawsuit is never a laughing matter – especially when the U.S. Department of Justice signs the complaint.  But the Obama administration's complaint against Arizona faces serious obstacles in the federal courts.

Is the conflict between Israel and Hamas-ruled Gaza between two belligerents, or is Israel facing an internal insurgency? The distinction is important for evaluating the legality of the blockade that Israel is determined to enforce to stop Hamas from receiving arms from countries like Iran, determined to wipe it from the map.

In light of Erin Sheley's appreciation of William Stuntz in this week's issue of THE WEEKLY STANDARD, readers might be interested in the (if I may say so, terrific) articles Stuntz has published in this magazine. They all have intrinsic merit, but the first two were also of some historic importance—they were passed around at the White House, were read (we’re told) by President Bush, and helped make the case for the surge in Iraq.

Will We Choose to Win in Iraq
September 4, 2006

Doubling Down in Iraq
November 20, 2006

Democratic postmortems on Barack Obama’s disappointing first year in the Oval Office have emphasized, as the president himself did, difficulties inherited from “the last eight years.” Republicans, for their part, credit public opposition to Obama’s overreaching policies. But a full explanation goes much deeper. Obama is failing because he has turned the constitutional functions of the presidency upside down.