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.
Tagged: Supreme Court
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.
The Supreme Court decision in King v. Burwell, the case challenging the Obama administration’s decision to award tax credits for health insurance sold through federally established exchanges, could turn on the question of whether a ruling that ends the tax credits on federal exchanges might cause something known as a “death spiral” in health insurance markets.
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.
In this edition of the Heartland Daily Podcast, Director of Communications Jim Lakely sits down with the Managing Editor of Health Care News Sean Parnell. Parnell and Lakely discuss the Supreme Court case King v. Burwell.
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.
On Wednesday, March 4, the Supreme Court will hear the King v. Burwell case. It is likely to deliver a death blow to ObamaCare when the decision is announced in a few months. About the only good thing ObamaCare demonstrated is that the federal government should be kept from taking over sectors of the nation’s economy that are working just fine without it.
“No. I — I did not. Uhhh, I just heard about this… I — I get well briefed before I come out here. Uh, th-th-the fact that some advisor who never worked on our staff, uhh, expressed an opinion that, uhh, I completely disagree with wuh, uhh, in terms of the voters, is no reflection on the actual process that was run.” — President Obama replying to a question about Jonathan Gruber at the conclusion of the G-20 Conference in Brisbane, Australia.
For as Blow then recounts, Obama’s 2013 response to Republicans was: “You don’t like a particular policy or a particular president? Then argue for your position. Go out there and win an election.” Which Republicans, of course, promptly did, in both 2010 and 2014.
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.
Google has privacy clay feet. The NSA and Big Data may also, since they are relying on many of the same outdated legal assumptions as Google. In the last few months, both the U.S. Supreme Court and European authorities have made new baseline privacy decisions that have greatly strengthened individuals’ right to privacy. As a result, they’ve also exposed and heightened Google’s massive privacy liabilities.
In a recent appearance before a congressional committee, EPA Administrator Gina McCarthy told them that the agency’s proposed sweeping carbon-regulation plan was “really an investment opportunity. This is not about pollution control.” If the plan isn’t about pollution, the primary reason for the EPA’s existence, why bother with yet more regulation of something that is not a pollutant—carbon dioxide—despite the Supreme Court’s idiotic decision that it is. Yes, even the Court gets things wrong.
When a friend of mine was young, his family kept their dog close to home with one of those invisible fences. It delivered a mild shock to the dog’s collar when he crossed its line. One day, the fence posts shorted out. But the dog still refused to cross the shock-less border. There was nothing keeping him fenced in but his mind.
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.
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.
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!
While our attention is focused on events in the Middle East, a domestic enemy of the nation is doing everything in its power to kill the provision of electricity to the nation and, at the same time, to control every drop of water in the United States, an attack on its agricultural sector. That enemy is the Environmental Protection Agency.