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.
In the coming weeks, expect the D.C. Court of Appeals or the Supreme Court to grant a partialstay, of only the FCC’s Title II reclassification of broadband and its new “Internet conduct standard” (not the FCC’s net neutrality prohibitions of blocking, throttling or paid prioritization), even though stay requests normally have a low probability of success, because petitioners must convince the court that they are likely to win on the merits and that the opposed action will cause irreparable harm.
There was a time when the Supreme Court of the United States defended and upheld the Constitutional protections for economic liberty in America. This year marks the 80th anniversary of one of the Supreme Court’s finest hours, when it overturned Franklin Roosevelt’s agenda for economic fascism in the U.S.
For all the families who have yet to take their children to a Ringling Bros. and Barnum & Bailey Circus — hurry. The company announced recently that its storied elephant act will no longer appear in the traveling circus as of 2018. This decision has been met with disappointment by people like myself who value the wholesome entertainment that the circus provides, and bristle at hysterical attacks by animal rights extremists. Groups like People for the Ethical Treatment of Animals (PETA), on the other hand, have cheered the decision and claimed victory in the long fight against elephants in the circus. This, in their view, is a major victory in their broader war against any human ownership of animals.
There are three paths Congress could take in the wake of a ruling from the Supreme Court that strikes down the Obamacare insurance exchange subsidy system. They amount to a path toward doing nothing, a path toward doing something, and a path toward doing everything.
The Obama Administration was apparently shocked when the U.S. Supreme Court agreed to hear the case of King v. Burwell, which challenges insurance subsidies flowing through federal Exchanges. The Affordable Care Act (ACA) clearly states that subsidies flow only through Exchanges established by States.
In this episode of The Heartland Daily Podcast, Budget & Tax News managing editor Jesse Hathaway is joined by former Deputy United States Coordinator for Communications and Information Policy Scott Cleland.
In a segment on a recent episode of Your World with Neil Cavuto, Heartland Institute research fellow David Applegate outlined the options Republicans can use to push back against Obama’s executive orders on immigration. Applegate says some options won’t yield much but others have the potential to produce results.
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.
The ongoing struggle between parents and the Missouri government over the state’s school transfer law is another example of politics and bureaucracy winning out over parents, children, and their futures.
I am not a lawyer, but I have read the Constitution and I cannot find any indication that the Founding Fathers intended the guarantee of “equal protection of the laws” in the 14th Amendment to include same-sex marriage.
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.
The Daily Record reports that the Maryland Public Service Commission ruled that Uber is a common carrier subject to its regulatory jurisdiction. The PSC stated: “[W]hen viewed in their totality, the undisputed facts and circumstances in this case make it clear that Uber is engaged in the public transportation of persons for hire. Thus, Uber is a common carrier and a public service company over whom the Commission has jurisdiction…”
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.
As regular readers know, it has been my firm position that, after the DC Circuit’s Verizon decision, absent convincing evidence of market failure and demonstrable consumer harm, the FCC should not try to reinstate the net neutrality regulations the DC Circuit tossed out. Nevertheless, when Chairman Wheeler announced his intent to move forward with yet another net neutrality rulemaking, this time one based on a “commercial reasonableness” standard for assessing Internet providers’ practices, I said in a statement that “there appear to be elements in his proposal that may mitigate the otherwise potential harmful effects of unnecessary government intervention.”