Like the camel that gets its nose under the tent, once the federal government butts into people’s business it’s very hard to get it out. But in a per curiam decision in Zubik v. Burwell on May 16, 2016, the Supreme Court may have indicated that even in the age of the nanny state, even Supreme Court Justices can abide only so much.
The FDA’s approval process takes years, and for thousands of terminally ill patients, those years may be the difference between life and death. Aware of the risks, many patients are nonetheless willing to try medicines and treatments that are still under investigation in clinical trials. For a significant number of these patients, the alternative is certain death.
According to Mark Twain, “Everybody talks about the weather, but nobody does anything about it.” Now six state attorney generals (AG) have banded together to do something about it by initiating governmental legal prosecution. Can a modern “Reign of Terror” be far behind?
Given that the USTelecom v. FCC appellate challenge of the FCC’s Open Internet Order is so important to net neutrality, the FCC’s authority over the Internet, and broadband providers’ future, and given that Judge Tatel’s thinking is so important to the outcome of this case, wouldn’t it be important to better understand Judge Tatel’s personal reasoned public explanation of how courts adjudicate cases just like USTelecom v. FCC?
In today’s edition of The Heartland Daily Podcast, Michael Bindas, Senior Counsel for the Institute for Justice joins Research Fellow Heather Kays to discuss an ongoing school choice court case taking place in Douglas County, Colorado that has been ongoing for years.
Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard — in the coming weeks.
Ignoring the language of the law, the Obama administration decided to give tax credits through the federally established exchange. This triggered several lawsuits, with two courts ruling to uphold the law as written, thereby preventing tax credits from being applied to individuals who signed up through the federal exchange, while a third court sided with the administration’s argument Congress simply forgot to write into the law that tax credits could be given through federal exchanges.
Throw enough mud at the wall, and some of it will stick. That seems to be the hope behind the several legal challenges brought against education tax credit scholarship programs. In some cases, choice opponents use the Blaine Amendment as an excuse to extinguish any hint of education freedom. In other cases, they use technicalities, such as a suit saying the statute violates a law requiring each piece of legislation concern only a single subject.