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.
A government taking occurs when the regulatory strictures placed on a piece of property so limit its use that it is stripped of economic viability. Penn Central Transportation Co. v. New York City is the leading case in the Supreme Court’s regulatory takings jurisprudence.
In today’s Health Care News Podcast, Brian Blase, senior research fellow at the Mercatus Center at George Mason University, joined Health Care News Managing Editor Michael Hamilton to discuss the disparity between promises many Americans were told the Affordable Care Act (ACA) would fulfill, and the stunning reality three years into the ACA’s implementation and six years after President Barack Obama signed the ACA into law.
On today’s Health Care News Podcast, Tennessee state Rep. Cameron Sexton (R-Crossville) joined Health Care News Managing Editor Michael Hamilton to explain why reforming Tennessee’s certificate of need (CON) laws will go far to improve health care quality, lower costs, and increase access for patients.
At his February 16 press conference discussing the death of Justice Antonin Scalia and the newly vacant seat on the U.S. Supreme Court, President Barack Obama said, “The Constitution is pretty clear about what is supposed to happen now.” And so it is.
Despite its reputation for freedom, the U.S. has the world’s highest prison population rate, 716 inmates per 100,000 people. More than half the countries of the world have rates less than one-fifth of that. The United States’ rate is six times that of Canada and six to nine times greater than the rates of Western European nations, with whom we have the most cultural and historical ties. Why is criminality so much higher here than in those countries? The U.S. has less than 5 percent of the world’s population but 22 percent of its prison population.
President Barack Obama released his proposed budget for 2017 days before America’s sappiest holiday. Similar to many expressions of love given each year around February 14, the budget packed much potential to please—and even more to disappoint.
According to the United States Geological Survey, nearly half the land in the Western United States is owned by the federal government. This includes 84.9 percent of land in Nevada (hiding UFOs requires lots of space), 64.9 percent of Utah, 61.6 percent of Idaho, 61.2 percent of Alaska, 52.9 percent of Oregon, 48.1 percent of Wyoming, and 45.8 percent in California. Meanwhile, the federal government owns only about 5 percent of the land in states east of the Mississippi River. Altogether, Uncle Sam owns roughly 640 million acres of land.
One thing at which the Left is very good is naming things – so as to hide and obfuscate what these things actually do. Because if they admitted what these things actually do – they would poll…well, right where Congress is polling.
As we digested events from last week in the light of President Obama’s Executive Order about gun control, it became clear that gun control was secondary to his attempt to marginalize the NRA. There was lots of sizzle, but no steak in the end. Even diverting attention from Gitmo, ISIS, North Korea, China, and the Middle East played a minor, but useful role.
In “Court and Democracy” Jeffry Rosen speaks of the Supreme Court as playing a paradoxical role in American democracy. He states: “Americans think of the Supreme Court as the least democratic branch of the federal government, designed by the framers of the U.S. Constitution to ‘protect vulnerable minorities’ against the tyranny of the majority.”
The Washington state Supreme Court on Sept. 4 rule the state’s charter school law as unconstitutional. The justices dug deep to justify their decision, referencing a definition of public schools from a 1909 case, School District 20 vs. Bryan. Instead of citing a particular right spelled out in the U.S. Constitution or Washington state’s constitution, the court based its ruling largely on its own, distinctive interpretation of the term “common schools.”
The surest evidence that President Barack Obama’s environmental policies have gone too far comes from the federal courts, which in the past five months have struck down or limited several of his executive orders and regulations.
Competition has long been proven to improve services, lower prices, and give consumers more choices, but despite the success of the free market, Georgia has decided to restrict competition in its health care industry. Georgia is one of 36 states that limit the ability of health care providers to expand their businesses by mandating an approval process known as a certificate of need. The system gives current suppliers of health care services an unfair advantage and keeps out new entrants into the marketplace.
The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
Why do so many laws passed with good intentions and seemingly desirable goals so often fail? And why do they so often worsen the problems they are supposed to solve—and hurt people they are supposed to help?
With the tragic deaths of two newscasters at the hands of a disgruntled ex-employee on Wednesday, August 26 come the predictable calls for tighter gun control and keeping guns out the hands of “crazy” people. In no case, however, do the proposed solutions bear any relationship the crime itself. According to the media and progressive politicians, we have a “crime problem” and a “gun problem.”
Last week, a federal court blocked the EPA from enforcing its new “wetland rules,” as 13 plaintiff states claimed it was overly broad. Today, the EPA announced that it will go forward with enforcing the rule anyway.
The U.S. Supreme Court could well blow the Democrats’ cover in King v. Burwell if it rules that people in the 37 states that did not establish an Exchange cannot legally get taxpayer subsidies for health insurance.