Larry Tribe says it in plain (well, plain-ish) English: According to the Eleventh Circuit, decisions not to purchase health insurance are not economic activities subject to the aggregation principle of Wickard v. Filburn but are instead non-economic activities indistinguishable from the possession of a gun or a violent attack on a woman. This bizarre conclusion neglects the fact that a decision to forgo health insurance … Read More
11th Circuit Rules That Obamacare is Unconstitutional
A three-judge panel on the 11th Circuit Court of Appeals concluded that the individual mandate exceeded congressional authority under Article I of the Constitution because it was not enacted pursuant to Congress's tax power and it exceeded Congress' power under the Commerce Clause and the Necessary and Proper Clause. It was a split decision, with one judge dissenting. This, of … Read More
Patterico Guest Blogger Shows His Ass And Can’t Understand Why He Can’t Get People Interested
COMMENTS CLOSED: The ankle-biters seem to think that repeating the same fallacious argument over and over again amounts to moving the ball forward in some way, and I don't have the time or inclination to respond to the same bad arguments five or six times. (This will be viewed as a "victory" by the ankle-biters, but rest assured, it's merely … Read More
The Constitution Is Optional Apparently
Miss Tennessee Ashley Durham was asked if burning religious books is protected by the same First Amendment free speech rules that cover burning an American flag. Her answer: "I know that some people view it as a freedom of speech, however, burning the American flag is not patriotic at all. No American citizen should do that, and you should also … Read More
Breaking: Walker Opinion On Prop 8 Upheld
WSJ: SAN FRANCISCO—A federal judge has upheld a gay judge's ruling to strike down California's same-sex marriage ban. Chief U.S. District Judge James Ware said Tuesday that former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved marriage ban was unconstitutional. Lawyers for backers … Read More
Today in Prop 8 News
Just to recap. Prop 8 was a California ballot initiative that banned same sex marriages in California. Well-funded by out-of state bigots (like the Mormons), it narrowly passed in 2008. But then Prop 8 was challenged in state court for being unconstitutional. But the California courts upheld Prop 8. After the California Supreme Court upheld the voter initiative, another suit, Perry … Read More
Letter Of The Day
Reprinted in full: Dear Representative Bachmann, My name is Amy Myers. I am a Cherry Hill, New Jersey sophomore attending Cherry Hill High School East. As a typical high school student, I have found quite a few of your statements regarding The Constitution of the United States, the quality of public school education and general U.S. civics matters to be … Read More
Breaking: Obama Administrations Declares DOMA Unconstitutional And Will Not Defend It
TPM: The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend it in court. "After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more … Read More
And Now Back To Health Care…
Well, some shooting aside, the new Congress is back in session and rarin' to go. First on the agenda, repealing all the progress mad in health care. Now, of course, the ability of the Republicans to do this is limited. After all, Obama isn't going to sign a bill (even assuming a bill passes both houses) that guts his health … Read More
Theodore Olson Rocks
I happen to be listening to C-SPAN's live coverage of the oral arguments in Perry v. Schwartzenagger (the "California Prop 18/Gay marriage" case), and I have to say that listening to (conservative) appellate lawyer Ted Olson ply his craft…. it's amazing. He's getting hard questions and he's responding like the legal equivalent of Michael Jordan. I'm glad he's on the … Read More
Has Timothy McVeigh Become The Soul Of The GOP?
You would think so, sometimes: WASHINGTON – Republican congressional candidate Stephen Broden stunned his party Thursday, saying he would not rule out violent overthrow of the government if elections did not produce a change in leadership. In a rambling exchange during a TV interview, Broden, a South Dallas pastor, said a violent uprising "is not the first option," but it is "on the table." … Read More
Obama Administration To Challenge Court’s Rejection of DOMA
Recently, a federal judge ruled that DOMA, the federal law that says that marriage is only between a man and a woman, unconstitutional. Today, the Justice Department filed an appeal of that decision, which is bad. But they did in it a half-assed way, which is good: Although Obama opposes the law, a Justice Department spokeswoman said that the administration … Read More
Victory For NC ACLU In Body Piercing Case
Honestly, I think the North Carolina chapter of the ACLU has only one attorney, Kathleen Lewis Parker (who I crossed paths with last year when a friend's daughter was barred from creating a gay student organization at a local high school). The NC chapter of the ACLU is a good organization, but woefully underfunded. So it can't do all the … Read More
Judge Jails Lawyer When Lawyer Refuses To Say The Pledge Of Allegiance
Danny Lampley was jailed by Chancery Court Judge Littlejohn in Tupelo for failing to recite the pledge of allegiance in open court earlier this week. Danny was one of the local lawyers who represented the plaintiff in the Pontotoc school prayer case years ago, working with the ACLU and People for the American Way. The order incarcerating him provides: BE … Read More
ObamaCare Is Constitutional
There are court challenges all over the country, but this is the first actual decision to come down. And it rules that Obamacare is constitutional. Which, of course, we already knew, but that doesn't stop wingnuts from making the argument.