This week, the expanded House Republican majority marked the 42nd anniversary of the Supreme Court's Roe v. Wade by comically failing to pass a 20 week abortion contained in the so-called "Pain-Capable Unborn Child Protection Act." Still, there's nothing funny about the GOP's anti-abortion crusade at both the federal and state level. While a majority […]
Category: Supreme Court
As 2015 begins, there is much to be optimistic about for the new year. The American economy is really starting to take off. The private sector has created new jobs for a record 57 months, driving down the unemployment rate and finally beginning to put upward pressure on wages. Plummeting global energy costs are putting […]
Until her current Oregon Senate run this year, millionaire neurosurgeon Monica Wehby's political career consisted of appearing in anti-Obamacare ads and pushing a ballot measure to limit medical malpractice awards. Now, Dr. Wehby is calling for upper class tax cuts, a balanced budget amendment and the repeal of the Affordable Care Act, the same Republican […]
When two appeals courts issued conflicting rulings Tuesday on whether Obamacare's health insurance subsidies apply to the 34 states that chose to let the federal government run their exchanges, Republicans were quick to pounce on the one decision they liked. Senator Ted Cruz (R-TX) called the DC Circuit's decision a "repudiation of Obamacare" which "should […]
In the wake of Supreme Court's Hobby Lobby ruling, the political right and left are feverishly debating its significance and its scope. For conservatives like Ross Douthat and Damon Linker, Justice Alito's opinion that the 1993 Religious Freedom Restoration Act (RFRA) applies to "closely held" corporations merely signals a small corrective in a culture war […]
In his recent CNN op-ed, House Speaker John Boehner explained "why we must now sue President Obama." As it turns out, the legal mastermind behind the House GOP's lawsuit "to compel President Obama to follow his oath of office and faithfully execute the laws of our country" is David Rivkin. Arguing that "Obama's legal end-run […]
To hear the best and the brightest of the conservative movement tell it, Americans' freedom of religion is in dire peril. At Liberty University in April, Texas Senator Ted Cruz cautioned, "Religious liberty has never been more under attack." Ben Sasse, the Nebraska GOP Senate candidate, went even further in declaring that "the free exercise […]
The Supreme Court on Tuesday will hold oral arguments in two cases (Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius) challenging the Affordable Care Act's requirement that insurance plans cover contraception. But with the Court's precedents and the legislative history of the Religious Freedom Restoration Act (RFRA) seemingly in the […]
Among the many disturbing arguments in John Roberts' Voting Rights Act (VRA) decision, the most pernicious may be his invention of the "equal sovereignty" doctrine. In his Shelby County majority opinion, the Chief Justice struck down the VRA's Section 4 formula for determining which jurisdictions must be subject to "preclearance" in part because the VRA […]
God, it is often said, works in mysterious ways. Just ask Mike Huckabee. After all, the Baptist minister turned Arkansas governor turned Fox News host responded to the Supreme Court's marriage equality decisions this week by lamenting, "Jesus wept." But back in 2008, Huckabee had a different reaction to the passage of Proposition 8 that […]