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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.
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.
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.
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.
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.
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.
Unions are supposed to protect and look out for the best interests of workers. Some believe that without unions, employers would continually take advantage of employees. Why then is one of the largest private-sector unions in the country going forward with plans to cut the pensions of its members?
This week, the Congressional Budget Office came out with its Long-Term Budget Outlook for 2015. The report foreshadows growing deficits, mounting debt, and economic harm if the status quo is allowed to continue.
Last Thursday, the Cato Institute held an event foreshadowing the tenth anniversary of the Supreme Court’s Kelo v. City of New London decision and celebrating the release of Ilya Somin’s new book, The Grasping Hand: “Kelo v. City of New London” & the Limits of Eminent Domain. There was an impressive cast of presenters with welcoming remarks by Richard Epstein, keynote delivered by Rep. Tom Reed (R-NY) and panelists which included attorneys that represented both sides in oral arguments before the Supreme Court.
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.