Unanimous Supreme Court rulings are certainly noteworthy. When a case lines up every single Justice – appointed by Democrats and Republicans both – the decision must be unbelievably clear cut.[…]
Category: Legal Affairs
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) outlaws the testing of nuclear weapons. So far, 183 countries signed the treaty, but it cannot become a binding international law until it has been ratified by all states capable of developing nuclear weapons, of which there are 44 specified in the treaty. Of these states, three (India, Pakistan, and North Korea) have not signed the treaty, and a further six (China, Egypt, Israel, Iran, and the United States) are yet to ratify it.
Yesterday’s narrow Hobby Lobby decision shows why the culture war isn’t over – it’s just getting started. The reality is that in the absence of the ability to compel employers to pay for things over their religious objections, and at a time when covering 16 forms of birth control out of 20 is culturally insufficient, the Obama administration will be more than happy to turn to the traditional method of the left: skipping the middle man of the employer and just handing people other people’s money.
This summer’s elections to the European Parliament, the legislative body of the European Union, marked a radical swing against the greater centralization of power in the hands of Eurocrats in Brussels. A great many of the Euroskeptic parties that had big wins were the French National Front and the British United Kingdom Independence Party (UKIP). Other Euroskeptic parties on the continent, in Germany, Denmark, the Netherlands, Greece, and elsewhere, also made out quite well. It was a wake-up call to many European leaders who had been complacent and tried to label Euroskeptics as fringe or extremist. The performance of UKIP in particular, which beat all three mainstream parties in the election, made those labels ridiculous.
Following oral arguments, I was not optimistic about this ruling. The Court could have bought into the argument that Hobby Lobby can’t really complain about this requirement when they have the capability to not offer coverage at all, instead shifting people under their employ to the taxpayer via Medicaid or the exchanges. The penalty for offering coverage which fails to meet essential benefits is clearly absurd and sizable, but the penalty for not offering coverage at all would actually cost them less than offering coverage in the first place (around $26 million per year). The “gun to your head” penalty was the one which moved the court on the Medicaid/federalism question before, in a ruling that unexpectedly led to half the states declining to expand Medicaid. Justices Kagan and Sotomayor stressed this in oral argument and the Court could have found that this factor removes the pressure of an actual requirement. You can understand the reasoning: Just like the requirement to purchase insurance, it’s not illegal, it’s just a tax!
Imagine police seize your money, your car, even your house. Imagine this happens without you being convicted of a crime or even charged with one. Imagine being told you must sue the government to get back your property and prove you did nothing wrong, and the government can do nothing – nothing – and still keep the property.
I am grateful that Senator John Thune, Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and FCC Commissioner Ajit Pai spoke at the Free State Foundation’s June 25 seminar, “Reforming Communications[…]
One of the few simple joys I have in life, shared with Camille Paglia, is listening to sports radio. She describes it as one of the few arenas still safe for an old-fashioned sort of masculinity – I think of it more as a respite from reading and thinking about politics and policy, second only to leaning back in an easy chair with a good simple future-noir detective story about hunting Chinese Martians or a word that could end the world. There is a simple rhythm and cadence to good sports talk radio which allows for an undercurrent of wit and humor juxtaposed with statistical argumentation, hitting the high and the low.
Reverence and veneration of our national flag has long been profound in the United States, far more so than in other countries. Veneration of the Stars and Stripes has evolved beyond mere respect for it as a symbol of national identity, but as an almost religious emblem of American values and the American way of life.
By a two-to-one vote, a three-judge panel of the U.S. Patent and Trademark Office has issued a ruling that eliminates trademark registration for six current trademarks of the Washington Redskins NFL team (including for the “Redskinettes” cheerleaders).
Recently author Andrew McCarthy has been a guest on various Fox News shows, in addition to many appearances throughout the country promoting his new book, Faithless Execution, At each event McCarthy[…]
How is that school shootings were almost unheard of when there was no age limit to buy guns, no licensing of gun dealers, and no such thing as a background check or waiting period? Could the problem be people and not guns, which, after all, are inanimate objects? Do knives compel us to stab? Do baseball bats compel us to bludgeon? Do pills compel us to poison?
Author and former federal prosecutor Andrew C. McCarthy joined the Heartland Institute on June 12th to talk about his new book, Faithless Execution: Building the Political Case for Obama’s Impeachment, with a packed and lively crowd of Heartland supporters. McCarthy was incisive and exceptionally convincing.
The issues surrounding the right to bear arms are many and varied. Most often the debate centers around the lethality of modern firearms, especially “assault weapons” that can fire rapidly with large magazines. Yet one element of the debate frequently referenced obliquely in the mainstream media concerns the actual intent and function of the Second Amendment. Some progressive groups have been endeavoring to turn the originalist position against itself, so to speak. Their arguments are often baffling to those unprepared for them, but they are easily beaten with a little preparation.
As Americans we are blessed to live under a constitutional republican form of government, with lawmakers constrained by the dictates of a founding document that is difficult to change or subvert. The United States Constitution is the prototype of the modern written constitution of so many countries, yet it remains in many ways unsurpassed as an exercise in the construction of a lasting system for the preservation of public order and individual liberty.
Best-selling author, Andrew C. McCarthy — senior fellow at the Foundation for Defense of Democracies — will speak at The Heartland Institute, Thursday, June 12, about his newest book, Faithless Execution: Building a Political Case for Obama’s Impeachment.
The Fourth Amendment protects citizens from unlawful and unreasonable search and seizure. Yet that protection is being slowly eroded away. Thanks to the “War of Drugs” and the “War on Terror” government, at the state and federal level, has worked alongside the courts to gradually diminish the range and force of the protections that were meant to be inviolable rights of all citizens.
The concept of the abortion selfie is in some ways an inevitable consequence of an increasingly atomized culture. Consider instead the lure that would motivate one to seek to share this moment, and then to share in the reaction to this moment from social media, and then to share again in the reaction to that reaction in the pages of Cosmo.
The siren song of independence and national self-determination has sounded once again across Europe. It is a song that holds echoes of a century ago, when the internal force of nationalism convulsed the European empires into world war. Yet, while the song remains the same, the tune has changed.
April seems to be the month in which the Supreme Court devotes itself to decisions that have no basis in real science and can do maximum damage to the economy. Invariably, the cases are brought against the Environmental Protection Agency and are decided in its favor.