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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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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.

04/24/2015
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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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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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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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