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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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Know the legal system and its impact on the economy.

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ObamaCare and the Supreme Court Episode IV: A New Hope

The Supreme Court has now largely upheld ObamaCare, with a carve-out from the contraceptive mandate for closely held companies, the first three times the law has been challenged in the Court. Because of this, it is difficult to have much faith that the Court will ever overturn the law based on constitutional concerns. However, there is still another case working its way through the DC Circuit, Sissel v. HHS, challenging ObamaCare based on the Origination Clause.

07/15/2015
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Court Increases Questioning of the Jiggery Pokery that is Chevron Deference

Chevron deference has been used by the Supreme Court since 1984. Since that time, federal agencies have been able to capture more and more power over the American people.

07/09/2015
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Supreme Court Takes Case Challenging Public-Sector Union Fees

On their last day in session this term, the Supreme Court justices agreed to hear the case Friedrichs v. California Teachers Association. The plaintiffs are challenging the public-sector “agency shop” arrangements that were validated by the Supreme Court decision Abood v. Detroit Board of Education in 1977.

07/07/2015
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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.

07/02/2015
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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.

06/29/2015
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Meet the Nine Usurpers in Black Robes

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.

06/29/2015
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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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Privacy: Hotels get it now too

The Fourth Amendment finds victory today in the Supreme Court case ruling of City of Los Angeles v. Patel. In a narrow 5-4 decision, the Court upheld a foundational principle of our constitution: Warrantless searches and seizures are unconstitutional.

06/24/2015
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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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