Entries Tagged as 'SCOTUS'

Arizona’s Immigration Law Gets its Day in Court

December 12th, 2011 at 12:58 pm 18 Comments

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, healing 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.

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Only Yesterday

David Frum December 5th, 2011 at 11:42 pm 24 Comments

Newt Gingrich endorsed Harriet Miers.

Conservatives should feel confident with the selection of Harriet Miers to replace Sandra Day O’Connor on the Supreme Court for a simple reason: George W. Bush selected her.

Why Kagan Has Skin in the Game

December 5th, 2011 at 12:00 am 52 Comments

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, see 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 employment and in such capacity participated as counsel, adviser… concerning the proceeding or expressed an opinion concerning the merits of the case in controversy.”

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Res Judicata: The Case for Kagan’s Recusal

November 28th, 2011 at 12:02 pm 49 Comments

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.

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Kagan is No Rehnquist

November 15th, 2011 at 9:28 am 64 Comments

Elena Kagan meet Bill Rehnquist. That Bill Rehnquist.

Like Kagan, Rehnquist was once young, smart, and ambitious. Like Kagan, Rehnquist served as a political appointee at the Department of Justice. And like Kagan, Rehnquist was once an Associate Justice of the United States Supreme Court.

But Kagan and Rehnquist have one more thing in common. And it is a big one. As a Supreme Court Justice, each was asked to pass upon the assertions of constitutionality invoked by their former bosses.

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Who is Judge Silberman?

November 8th, 2011 at 4:27 pm 17 Comments

Who is Laurence H. Silberman, the judge who has just written a ruling for the DC Appellate court upholding the President’s healthcare law?

He is a judge who came of age at the time when conservatives were responding to the activism of the Supreme Court in the 50′s and 60′s. He is a significant member of the conservative legal world, with membership in the Federalist Society and with a record of service in the Nixon, Ford, and Reagan administrations.

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Now SCOTUS Has to Rule on Obamacare

November 8th, 2011 at 2:02 pm 51 Comments

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. I of the constitution.

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SCOTUS Could Force Obama’s Hand on Jerusalem

David Frum November 5th, 2011 at 8:27 am 38 Comments

In my column for the National Post, I discuss how a Supreme Court case might force the White House to explain its policy towards Jerusalem:

Two can play at this game. Mahmoud Abbas and the Palestinian Authority have abandoned negotiations with Israel. They are seeking UN recognition of Palestinian statehood: statehood without peace. Already they have gained one victory: acceptance as a full member of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Yet this victory may be their last.

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Res Judicata: Anthony Kennedy, The Unprincipled Justice

August 22nd, 2011 at 1:52 am 55 Comments

The brewing controversy about President Obama’s healthcare law means that the case will end up in the Supreme Court. One appellate court has upheld the constitutionality of the law (by a 2-1 vote) and another has struck it down (by a 2-1 vote).

Splits on appellate panels are rare. Two split opinions on the same question are even rarer, maybe unprecedented. Within the next month a third appellate court will issue its opinion. Then the Supreme Court will be petitioned to take these cases and decide whether the federal government has the constitutional authority to mandate people to buy health insurance.

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Eleventh Hour for the Mandate

August 15th, 2011 at 12:33 am 45 Comments

Increasing the odds that the only fiscally responsible portion of Obamacare is also unconstitutional, on August 12th the 11th Circuit Court of Appeals struck down the law’s mandate to buy or fund health insurance. (The opinion can be found here.)

As I said when the 6th Circuit reached its decision: we are in it for the long haul and big government cases makes for interesting opinions.

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