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Blog

Kelo v. New London: How the Supreme Court Gutted Constitutional Protections for Private Property

Ten years ago today, the United States Supreme Court fundamentally changed the meaning and purpose of the Takings Clause of the Fifth Amendment, which allows for the use of eminent domain for “public use,” such as a road. But in a 5 to 4 decision, the Court ruled that eminent domain could be used to take property from a private citizen for purposes other than a public use.

06/23/2015
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Blog

SCOTUS Trust and Approval Low (With Everybody)

Many Americans are eagerly (and nervously) awaiting the King v. Burwell decision, which is expected to come at the end of the month. The court case will determine whether ObamaCare, which looks to be falling apart independently of legal intervention, is illegally providing subsidies to those enrolled in the exchange.

06/09/2015
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Ex-Clinton administration official floats Obama's name for the Supreme Court

On multiple occasions over the last few years, President Barack Obama has reminded voters that he won't appear on the ballot again. Indeed, our long national nightmare will come to an end in 674 days. Presidents, of course, tend to engage on policy and politics even after they leave the White House. There's no reason to believe Obama will be any different.

03/18/2015
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We're all criminals now: Over-criminalization has distorted the justice system

The average American commits three felony crimes a day, and, more often than not, doesn't even know they've run afoul of criminal statutes. In 2009, Harvey Silverglate published a book, Three Felonies A Day, that highlighted the absurdity of over-criminalization made possible by an endless string of federal laws.

03/11/2015
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Activists Rally Outside King v. Burwell

On the morning of March 4th, conservative activists from FreedomWorks and elsewhere braved the decidedly raw D.C. weather to make sure their voices were heard on King v. Burwell. As the case was argued inside the Supreme Court, activists who were outside heard from FreedomWorks’ Executive Vice President Adam Brandon, other conservative leaders, and Representatives Gohmert, Blackburn, and Heulskamp.

03/04/2015
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Op-ed Placement

Don’t blame King v. Burwell for ObamaCare’s failures

The King v. Burwell Supreme Court case, beginning oral arguments in March with a likely ruling by the end of June, is stirring up considerable controversy among those who pay attention to health care policy. The key to the case is whether the federal government can offer insurance subsidies to states that failed to set up insurance exchanges as directed by the law. If the Court finds for the plaintiffs, the subsidies—currently being handed out by the IRS—will stop, revealing just how expensive ObamaCare has actually made health insurance.

03/04/2015
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The Fourth Amendment is NOT a Useless Piece of Paper

This title was adopted from a line by Justice Sotomayor during the recent Supreme Court oral arguments in Rodriguez v. United States. Over time there has been an encroachment on our Fourth Amendment right against unreasonable searches, as Justice Sotomayor also said, “. . . we can’t keep bending the Fourth Amendment to the resources of law enforcement.” It is time for the courts to push back and protect our constitutional rights. Fortunately, two recent cases, one at the Supreme Court and another at the circuit level, have given great opportunities to do just this.

02/02/2015
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King v. Burwell could be a blessing… or a curse!

The Supreme Court will hear arguments for the King v. Burwell case starting March 4th, with a decision likely to come down sometime in June. The Court’s decision will determine whether the IRS’ illegal implementation of ObamaCare subsidies to states that refused to set up insurance exchanges can continue. If not, the true cost of ObamaCare will be revealed to the American public, a cost that has until now been partially concealed by the IRS’ decision to circumvent the written law.

01/29/2015
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Williams-Yulee v. The Florida Bar: Free Speech is Worth Full Protection

While we may not agree with all speech we come across, it is important for liberty-minded individuals to defend all constitutionally protected speech. If we do not protect speech that we may not agree with, or that is of limited importance to us, there will be fewer people willing to defend speech that we care deeply about. Also, once the Supreme Court rules some speech can be restricted and still withstand constitutional scrutiny, it becomes easier for the Court to rule other speech can be restricted as well.

01/26/2015
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Supreme Court Spotlight: Free Speech, Facebook, and “True Threats”

After being estranged from his wife and fired from his job, Anthony Elonis began posting a series of disturbing Facebook statuses that spoke of harming and killing his ex-wife, initiating “the most heinous school-shooting ever imagined,” and blowing up FBI agents.

12/17/2014

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