Could Individuals Eventually Sue To Escape Social Security?
by Smitty Making clear that the courts remain open for citizens who believe they are being “strong-armed” by the government, the Supreme Court on Wednesday gave property owners a right to sue the U.S. Environmental Protection Agency to make an immediate challenge to an EPA order to stop a development that the agency says threatens […]
Are We Really Just Too Stupid To Merit Free Elections Anymore?
by Smitty A Montana case on corporate spending on campaigns is exhuming the hoary specter of the Citizens United ruling: Justice Ruth Bader Ginsburg, joined by Justice Stephen G. Breyer, also supported the delay, but said that the case “will give the Court an opportunity to consider whether, in light of the huge sums currently […]
Two Words In Reply To Stare Decisis On Progressivism, The Second Of Which Is ‘You’
by Smitty Can we get a spine implant for Orin Kerr (emphasis original)? I’m also a Burkean conservative stare decisis guy, and I’m acutely aware of the Supreme Court’s long struggle to identify principled and workable limits on the scope of the Commerce Clause. History has shown that it’s surprisingly hard to do that, and […]
So Elena Kagan Has About The Same Notion Of Integrity As Eric Holder
by Smitty CNSNews reports: Internal Justice Department email communications made just days before the House of Representatives passed the Patient Protection and Affordable Care Act show that then-Solicitor General Elena Kagan was brought into the loop as DOJ began preparing to respond to an anticipated legal complaint that Mark Levin and the Landmark Legal Foundation […]
Of Course Kagan Will Not Recuse Herself
by Smitty IBD: Nearly lost in this is the possibility that Kagan lied during her confirmation. She told the Senate Judiciary Committee that she had not been asked about the legal issues of ObamaCare nor had she offered any views on them. The emails, however, seem to tell a different story. Two exclamation points plainly […]
‘An Emerging Awareness’
The New York Times on the slippery-slope beat: Kody Brown is a proud polygamist, and a relatively famous one. Now Mr. Brown, his four wives and 16 children and stepchildren are going to court to keep from being punished for it. . . . On Wednesday, the Browns are expected to file a lawsuit to […]
Ghouls for Ginsberg?
Jason at RightKlik recoils at the liberal ghoulishness: Apparently apropos of nothing in particular, the New York Times has now started the Ruth Bader Ginsburg Death Watch™ . . .
Wal-Mart Wins, Women Lose, Stocks Rise
The Supreme Court sided with Wal-Mart against a bunch of malcontents claiming “gender discrimination,” and the Dow Jones Industrial Average climbed 76 points. Mere coincidence, I’m sure we’ll be told — the Wall Street rally is being attributed to encouraging news on the Greek debt crisis — but it seems to me that the court’s pimp-slap […]
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