Conservative and liberal media alike were all atwitter with Thursday’s midday news that the House of Representatives was going on its summer recess without passing a border-related bill because Republicans did not have the votes to pass it. The leftwas particularly pleased in the apparent inability of the new House leadership team to pass a relatively inexpensive bill that contained at least one conservative priority on an extremely visible issue.
Category: Legal Affairs
Last week a federal judge ordered Microsoft to hand over its data stores to the government, including data housed overseas. The ruling marks an ominous new chapter in Internet privacy, one that could have lasting impacts on both individuals’ privacy online and the nature of international law.
It’s too soon for champagne, but perhaps a beer is in order. In a 2-1 decision in the case of Halbig v. Burwell, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Internal Revenue Service cannot interpret the Affordable Care Act, also known as Obamacare, as allowing subsidies for those Americans who purchase health insurance from the federal health insurance exchange known as Healthcare.gov. This is because the text of the law specifies that subsidies or tax credits are available for insurance purchased on state-created exchanges.
The American presidency has grown in power almost continuously since the outbreak of World War II. The executive has risen from being simply the chief magistrate of the government to be being a quasi-legislative force, a leader who pushes an aggressive legislative agenda as well as enforcing the laws passed by the legislature. The president is frequently referred to as “the most powerful person in the world,” or “the leader of the free world.” Such appellations represent far more than good PR. They are statements of fact that the president of the United States has drastically more power and authority than any other individual on Earth. For that reason certainly, presidents should be restricted to a single term of office.
The Labour Party, the main opposition political party in New Zealand, made headlines last week when it announced its proposed policy for trying people accused of rape. According to the party’s justice spokesman, Andrew Little, the party is proposing that the burden of proof be reversed in rape trials. In other words, people accused of rape must prove their innocence.
In his novel Nineteen Eighty-Four, George Orwell described the “memory hole,” a chute leading to a vast incinerator into which all unwanted documents were cast. The memory hole served as the ultimate form of state censorship, destroying any trace of information deemed to pose a threat to the regime. Thanks to a ruling in May by the European Court of Justice, a genuine digital memory hole has come online.
Now that the dust has settled on the Supreme Court’s 2014 session, we can look at the decisions and conclude that the Administration received a serious smack down. Two big cases got most of the news coverage: Hobby Lobby and the National Labor Relations Board’s (NLRB) recess appointments. In both cases, the Administration lost. At the core of both, is the issue of the Administration’s overreach.
According to data released this week, Samsung and Apple make up the majority of the top 20 global smartphone models sold in the first quarter of 2014. While that success demonstrates the robust market prowess of these smartphone manufacturers, the real winners are the customers, getting more services, better products and lower prices. Almost the exact opposite happens when companies resort to lawsuits to gain market advantage, a sort of rent seeking via the courts.
It’s beginning to sink in with the intelligentsia: The flood of illegal aliens (yes, I said “illegal”) and particularly the tsunami of children traveling alone — parents risking their youngsters’ lives by sending them from Central America through gang-ravaged Mexico — threatens to turn the immigration debate into a major political liability for Democrats in November.
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.[…]
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).