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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.
The newly handed-down Supreme Court ruling on the Affordable Care Act has garnered a great deal of debate. The 6-3 vote in favor of the administration does nothing to fix the unworkable flaws that remain and continue to largely define Obamacare. No matter the lens used to view the ACA, the prognosis is bad.
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.
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.
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.
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.
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.
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.
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.