Rep. Steve King (R-IA) has introduced a bill to repeal “birthright citizenship.” It’s probably the most significant immigration reform bill introduced in Congress since 1965 when nation quotas on immigration were repealed. That revision in the Immigration and Nationality Act (“INA”) significantly changed the racial and ethnic composition of the country and the number of   more

Enforcement of the law prohibiting the employment of illegal immigrants, the Immigration Reform and Control Act (IRCA), enacted in 1986, has been pathetic. When the was first enacted, illegal migration from Mexico initially slowed to a trickle as Mexicans waited to see how seriously the U.S. Government would enforce IRCA.  more

During the 2008 campaign one of Barack Obama‘s major themes was attacking the Bush anti-terror policies: warrantless snooping by the N.S.A., renditions, targeted assassinations, Guantanamo Bay detentions, enhanced interrogation techniques, military tribunals, as unconstitutional.  He promised to close Guantanamo on his first day in office and end all of the other policies as soon as   more

It seems that everyone is deploring the “tactics” of the House Republicans in refusing to pass a two-month extension of the payroll tax cut and by doing so, drawing out the standoff until the last minute. Is this the way resolve a dispute? Yes, deadlines force the combatants to make concessions.
I’ve been practicing law for   more

The National Transportation Safety Board (NTSB) has proposed a nationwide ban on cell phone use while driving, which strikes me as a good idea in principle. But like so many good ideas, we cannot judge it by its facial appeal. Moving beyond that, one needs to ask, does the federal government have the authority to   more

Today the Supreme Court announced that it has granted the State of Arizona’s petition to review the Ninth Circuit Appellate decision striking down most of S.B. 1070, the controversial state law prohibiting the employment of illegal immigrants and making it a crime for immigrants not to carry evidence of lawful admission to the country.  more

Newt Gingrich believes in much more democracy than the founding fathers.
They believed the U.S. House should consist of representatives elected by white male property owners. Voting at the time was a public act. On election day the voters would show up at a public place, usually a county seat, where food and copious amounts of   more

In my last post I argued that Justice Elana Kagan is obliged by 28 U.S.C. 455 (b)(3) of the federal recusal statute, which applies to Supreme Court justices, to recuse herself from the challenge to the Obama Health Care law. The provision requires a judge to recuse if he or she “has served in governmental   more

Recent comments by Newt Gingrich to the effect that illegal immigrants who have lived in the U.S. for 25 years, “obey the rules, have children and belong to a church” should be allowed to remain here are deliberately deceptive. His premise is that an illegal immigrant can somehow live and work in this country for a   more

The Solicitor General of the U.S. (a position Elana Kagan held in 2010) is the government’s advocate in every case heard in any federal court. Typically the Solicitor will personally argue some cases in the Supreme Court. He or she will certainly be involved with any case that challenges the constitutionality of a federal law.  more

The Department of Labor recently enacted a new rule requiring employers to post a notice advising employees of some of their rights under the National Labor Relations Act. I say some, because the notice gives a one-sided presentation.
Employees are told only what unions want them to know: they can’t be fired for efforts to unionize.   more

The U.S. Supreme court has agreed to hear essentially all of the challenges to the constitutionality of the Affordable Care and Protection Act, President Obama’s health care law. The AP is reporting that there will be five hours of oral arguments in March or April, after all of the briefs are submitted.  more

Last week’s blog post on restricting legal immigration as a partial solution to persistently high unemployment drew many comments. They made three basic arguments: 1) immigrants create demand for goods and services that results in a net plus for the economy, 2) immigrants do not compete with Americans for jobs, and 3) it is inhumane   more

By a 2-1 vote a panel of the U.S. Court of Appeals for the District of Columbia has upheld the constitutionality of the Patient Protection and Affordable Care Act, President Obama’s healthcare law.
The plaintiffs, taxpayers rather than states, contended that the mandate to purchase health insurance exceeded Congress’ powers under the commerce clause of Art.   more

The November 4th unemployment report indicated that the economy is not producing sufficient jobs for the 300 million American citizens, and that there is no end in sight to the crisis. This should make us ask why we need more immigrants.
All Republican presidential candidates are rhetorically against illegal immigration. But what are their views on   more

I’m not in agreement with Glenn Beck, who believes Occupy Wall Street (OWS) is being orchestrated by George Soros to foment a revolution, but its proposed agenda (www.the99%declaration.com) is very left wing and largely unconstitutional.  more

Last year I moved my law firm from one high-rise building in downtown Chicago to another one a few blocks away. Because the move was a short one, I shopped around for a mover who could get the job done for under $500. And there were small movers in the suburbs willing to do the   more

The Massachusetts health care law signed in 2006 by Governor Romney has three main parts:
1. It requires all citizens to buy a state-approved health insurance plan,
2. It provides subsidies to certain low-income people to pay for insurance,
3. It requires employers to provide health insurance to their employees or pay a fee to the state.
I agree   more

One tenet of all the Republican campaigns is the demand that Congress enact some type of “litigation reform.” This usually means caps on damages in civil tort litigation in general and punitive damages/pain and suffering awards in particular. Currently, there are no such limits under the Federal Rules of Civil Procedure.
So a plaintiff with a   more

Illegal immigrants cost the State of Texas (including its local governments) $8.8 billion per year. This is a staggering sum of money brought about by a steady flow of illegals obtaining public education, criminal justice, and medical care. It amounts to nearly 10% of the State’s total annual expenditures of approximately $90 billion. And 60,000   more