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Blog

Supreme Court Takes an Active Legislative Role

The Supreme Court has taken an active role in redefining, rather than simply interpreting, our country’s laws. Two clear examples of this can be seen in the two ObamaCare opinions written by Chief Justice Roberts, NFIB v. Sebelius and King v. Burwell. Whether it is calling a penalty a tax, or saying an exchange established by Kathleen Sebelius was established by the states, the Supreme Court is playing an active role in changing legislation.

16 hours ago
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Supreme Court States the Obvious: The EPA is Unreasonable

In a 5-4 decision, the Supreme Court ruled the EPA was unreasonable when it did not consider costs when it decided to regulate mercury emissions from power plants. The Court, in an opinion by Justice Scalia, held that the EPA must consider costs, including compliance costs, when deciding whether a regulation is appropriate and necessary.

3 days ago
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King v. Burwell: Words Have No Meaning if Inconvenient

Some words apparently have no meaning, even when written in plain English, according to a majority of Supreme Court justices. Today the Court reached its long awaited decision in King v. Burwell. The Court ruled 6-3 for Burwell, holding that the federal subsidies can continue to flow to states that have not established an exchange.

06/25/2015
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Horne v. Dep’t of Ag: Raisins are Property Too

Ten years after the Supreme Court decided Kelo v. City of New London, almost to the day, the Court, in Horne v. Department of Agriculture, protected property rights in an 8-1 decision. The Court held that the government must pay just compensation when taking personal property, just as it does when taking real property.

06/23/2015
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Grassroots Response to Kelo Decision

Today represents the tenth anniversary of the Supreme Court’s decision in Kelo v. City of New London. The Supreme Court issues decisions in around eighty cases each year. Some of those decisions, like Kelo, are closely contested 5-4 decisions. But Kelo has been unique because of the response that came from the public.

06/23/2015
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ObamaCare: Not the Court’s Job to Change How Law is Written

The time is near: later this month the Supreme Court will issue its ruling on King v. Burwell. The case centers around the question of what the phrase “established by the state” means, and how it affects eligibility for subsidies.

06/12/2015
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Rule of Law should Trump Good Policy for Supreme Court

Sometimes a court reaches a decision that is great on the policy side, but appears to lack a basis in the law. Last week, in Comptroller v. Wynne, the Supreme Court made such a decision, continuing its practice of reading a negative Commerce Clause into our Constitution.

05/28/2015
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Spokeo, Inc. v. Robins: A Possible Alternative Path to Standing

Normally to sue in federal court, a plaintiff must establish standing. There are three requirements for establishing standing: (1) an injury in fact, (2) a causal relationship between the injury and the defendant’s conduct, and (3) the injury would be redressed by a favorable court ruling.

05/18/2015
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Is the Supreme Court the Supreme Law?

It has been assumed that once the Supreme Court issues a decision, the other courts in this country are bound to follow the decision for all future cases that fall within the announced rule. However, it can be argued that in most circumstances, neither the Constitution nor federal law requires other courts to follow the Supreme Court. Indeed, it has been the Supreme Court itself that has demanded that their decision be binding on future cases. This seems to be the type of usurpation of power is the type our Founders detested and the Constitution was meant to prohibit.

05/11/2015
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State Regulatory Boards: Consumer Protection or Market Protectionism?

Today you need hours of training and a license to do a countless number of jobs throughout the United States. These requirements cover jobs that are not only highly-skilled, potentially dangerous professions like medical surgeons, but also pet groomers, interior designers, florists and hair braiding.

04/30/2015

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