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 […]

During his confirmation hearings in 2005, John Roberts made three promises to the American people. Less than a decade later, he's broken them all. For starters, the future Chief Justice proclaimed his fidelity to precedent, a commitment he shattered so quickly that a Senator Chuck Schumer (D-NY) lamented he and his colleagues had been "hoodwinked." […]

Until this week, Republican Congressman Steven Palazzo of Mississippi's Katrina ravaged 4th district was best known for his opposition to federal aid for New York and New Jersey in the wake of super storm Sandy. Now thanks to his partnership with Florida Senator and 2016 GOP White House hopeful Marco Rubio, Palazzo will be known […]

By all indications, conservatives on the United States Supreme Court are preparing give the Voting Rights Act (VRA) thumbs down. Echoing his question four years ago in Northwest Austin Municipal Utility District v. Holder, lifelong VRA foe turned Chief Justice John Roberts asked again on Wednesday whether people in the South are more racist than […]

As the Obama administration and Congress ponder their responses to the slaughter in Newtown, Connecticut, one of the central tensions in the American system of government is once again coming to the fore. That is, the freedoms enshrined in our Constitution's Bill of Rights are neither absolute nor in harmony with each other. For example, […]

In the wake of the Supreme Court decision in NFIB v. Sebelius, the greatest threat to enabling health insurance for 30 million uninsured Americans may come not from Republicans in Congress, but in the states. With the Court's ruling that the federal government cannot penalize states who refuse to accept the expansion of Medicaid, Republican […]