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Judicial Reform

The judicial branch of government has overstepped its bounds and increasingly ignores the precepts of common law.

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  • Pro-Freedom
  • Leans Pro-Freedom
  • At Risk
  • Leans Pro Government
  • Pro Government

Know the legal system and its impact on the economy.

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Blog

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.

6 minutes ago
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Blog

Can the Government “Take Its Cut” of Anything Produced?

Is the government able to require that you hand over a portion of your production to be able to enter a regulated marketplace? That is the main question in Horne v. Department of Agriculture, a case that was argued before the Supreme Court on Wednesday.

4 days ago
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EPA Taken to Court Over Its Clean Power Plan

A group of states and energy companies have joined to sue the EPA over the agency’s Clean Power Plan. The two cases, State of West Virginia v. EPA and In re Murray Energy Company, were combined and oral arguments were heard before the DC Circuit this Thursday.

04/17/2015
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Blog

Next ObamaCare Challenge: The Origination Clause

“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” – U.S. Constitution Article I, Section 7

04/06/2015
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Blog

Commerce Clause: Not a Grant of Unlimited Congressional Power

“To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.”

04/03/2015
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Michigan v. EPA: What’s Cost Got to Do with It

Yesterday, the Supreme Court heard oral arguments in Michigan v. EPA, a case that will decide whether the EPA properly decided to regulate mercury pollution from power plants. The problem with the regulations is that by the EPA’s own estimates they will cost $9.6 billion annually and have only $4-6 million in direct benefits. The issue before the Court will be whether the EPA must consider costs when deciding to regulate mercury emitted by power plants.

03/26/2015
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Time for the Court to Address the Growth of the Administrative State

We have too long abrogated our duty to enforce the separation of powers required by our Constitution. We have overseen and sanctioned the growth of an administrative system that concentrates the power to make laws and the power to enforce them in the hands of a vast and unaccountable administrative apparatus that finds no comfortable home in our constitutional structure. The end result may be trains that run on time (although I doubt it), but the cost is to our Constitution and the individual liberty it protects. – Justice Clarence Thomas from his concurring opinion in Dep’t of Transportation v. Ass’n of American Railroads

03/13/2015
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King v. Burwell: A Literal or Nonliteral Reading of the Text

It is difficult to predict how the Supreme Court will rule in any case it takes up, even after oral arguments; King v. Burwell is no different. It is probably safe to assume that Justices Scalia, Alito and Thomas will rule for the petitioner (King) and that Justices Ginsburg, Breyer, Sotomayer and Kagan will rule for respondent (Burwell), but it is difficult to judge which way Chief Justice Roberts or Justice Kennedy will rule. This being said, oral arguments still brought some interesting insight from the Court.

03/09/2015
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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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Op-ed Placement

The IRS Can't Write Its Own Laws

If you think Obamacare is a disaster now, just wait until the courts enforce the law as it was actually written. On Wednesday, the Supreme Court will hear oral arguments on the case of King v. Burwell, the appeal of a decision that allows the IRS to implement health care subsidies in states that did not set up insurance exchanges.

03/03/2015

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