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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…