At yesterday's oral argument in King v. Burwell, the solicitor general made a surprisingly partisan quip about Congress.Read more
Ben Sasse of Nebraska, who rode his opposition to Obamacare to a seat in the Senate, has introduced legislation that should help Republicans avoid turning a potential victory at the Supreme Court into a defeat for the cause of repeal. Sasse’s bill, introduced yesterday evening, is designed to keep Republican governors and state legislators from setting up state-based exchanges in the wakRead more
Three years ago, Justice Anthony Kennedy voted to declare the Affordable Care Act unconstitutional. So it should come as no great surprise that he expressed constitutional concerns in today's ACA case, King v. Burwell.Read more
Five years ago this month — on the night the Democrats passed Obamacare through the House without a single Republican vote — Paul Ryan proclaimed on the House floor, “This moment may mark a temporary conclusion of the health-care debate, but its place in history has not yet been decided. If this passes, the quest to reclaim the American idea is not over. The fight to reapply our founding principles is not finished. It is just a steeper hill to climb, and it is a climb that we will make!”Read more
Next Wednesday, the Supreme Court will hear oral arguments on whether the Obama administration has been illegally providing taxpayer-funded subsidies in 36 states under the guise of implementing Obamacare, and there’s been much debate about what Congress should do if the Court rules that the administration’s actions have been lawless. A new McLaughlin & Associates poll, commissioned byRead more
In one of the biggest Supreme Court cases of the year, Justice Antonin Scalia seems destined to cast the critical vote. Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, argued late last month, concerns the Fair Housing Act of 1968, specifically its prohibition of discrimination in housing.Read more
In their final push to enact Obamacare, Nancy Pelosi urged her fellow Democrats to “pass the bill so that you can find out what is in it.” They probably should have found out first. Now they need the Supreme Court to “find” once again in their favor.Read more
Let us now praise famous men, or at least one good federal judge, as some recent work of his demonstrates. Jeffrey Sutton is this judge, and he sits on the U.S. Court of Appeals for the Sixth Circuit, which includes the states of Michigan, Ohio, Kentucky, and Tennessee. Earlier this month he announced an opinion for his court in DeBoer v.Read more
President Obama does not want to be a Supreme Court justice. He calls it "too monastic" for his own personality. Besides, in an interview with the New Yorker, President Obama acknowledges that he needs to get out of the "bubble" after what will be eight years as president of the United States.Read more
The WEEKLY STANDARD podcast with executive editor Terry Eastland on the Supreme Court's non-decision on gay marriage challenges, and the court's fall agenda.Read more
With little fanfare, President Obama has enjoyed remarkable success in his project to remake the federal courts in his own ideological image. How much more he achieves during his final two years in office depends in large part on whether Republicans win control of the Senate this November.
Obama’s success is most marked in the federal courts of appeals, the intermediate level of the national judicial hierarchy. When Obama took office, only 1 of the 13 appellate courts had a majority of Democratic appointees. Now 9 do.Read more
Supreme Court Justice Ruth Bader Ginsuburg is defiant: She is not stepping down. Ginsburg made the comments in a recent interview with Elle magazine.
"I’m not sure how to ask this, but a lot of people who admire and respect you wonder if you’ll resign while President Obama is in office," said the interviewer.Read more
Fisher v. University of Texas at Austin is the affirmative action case that won’t go away. It’s been to the Supreme Court once and may return. It is a case that could well turn on a failure to define terms—“critical mass” being the critical term.Read more
When the Supreme Court ruled 5-4 in Burwell v. Hobby Lobby that the government could not force a business owned by evangelical Christians to pay for contraceptives that might act as abortifacients, progressives responded with hysteria and dishonesty.Read more
Yesterday, the Supreme Court ruled that the Obama administration has violated federal law in its implementation of Obamacare. Specifically, it has violated the Religious Freedom Restoration Act (RFRA), a law passed (almost unanimously) twenty years ago by a Democratic House and Senate and signed into law by Democratic President Bill Clinton. Adam White provides a nice overview and analysis of the ruling. I just wanted to highlight a few aspects of it.Read more
The other day a unanimous Supreme Court ruled that a First Amendment challenge to an Ohio law should be heard in the lower courts. While the decision may have seemed a minor one, it represents an important advance for freedom of speech.
The question that the Court answered in the affirmative, with Justice Clarence Thomas writing, was whether Susan B. Anthony List, a pro-life advocacy organization, has standing to challenge an Ohio statute that prohibits false statements made during a political campaign.Read more
Two and a half years ago, President Obama tired of the Senate's refusal to confirm several of his nominations. Dissatisfied with the Constitution's general requirement that the president make appointments only after receiving the Senate's "advice and consent," he chose a more direct route.Read more
In NLRB v. Noel Canning, whatever the differences between the bare majority of five justices led by Justice Breyer and the four dissenters for whom Justice Scalia wrote, there is no question between the contending sides that President Obama acted unconstitutionally in making three ostensible recess appointments to the National Labor Relations Board.Read more
On March 24, World Vision, one of the nation’s best-known Christian relief and development nonprofits and one of the world’s largest charities, announced that it would no -longer exclude from employment, on its stateside staff of 1,100, Christians who are in legal same-sex marriages. Two days later, having heard from church partners and supporters who disagreed with the decision, the board rescinded it. Thus, as before, no one in a same-sex marriage may work for World Vision.Read more
This week, the Supreme Court affirmed a New York town council's tradition of beginning its meetings with a prayer. In Town of Greece v. Galloway, the court held, by a bare majority, that the First Amendment's Establishment Clause does not prohibit such prayers led by local clergymen, even when the prayers tend to be Christian.Read more
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