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  • Senate Republicans Have Spoken: No Votes on Judges Until After the Election

    On Monday night, Senate Democrats failed to reach 60 votes to cut off debate on the nomination of Robert E. Bacharach to the U.S. Court of Appeals for the 10th Circuit. In a 56–34 vote, Senate minority leader Mitch McConnell (R–KY) was successful in holding a majority of Republicans together … More

    Senate Opposition May Block Judicial Nominees Close to Presidential Election

    On July 30, the Senate is scheduled to vote on the nomination of Robert E. Bacharach to the U.S. Court of Appeals for the 10th Circuit. But under a more than 30-year-old Senate procedure known as the Thurmond/Leahy Rule, during a presidential election year, the opposition party may block the … More

    Juvenile Life-Without-Parole: Constitutionality Depends on Sentencing Discretion

    In a 5–4 decision, the Supreme Court today held that the Eighth Amendment prohibits sentencing schemes that result in mandatory life without the possibility of parole (LWOP) sentences for juvenile killers. Writing for the majority, Justice Elena Kagan noted that “youth matters in determining the appropriateness of a lifetime of … More

    Justice Kennedy Issues Stay of Arizona Noncitizen Voting Case

    On the heels of Florida filing suit against the Department of Homeland Security for trying to stop the state from removing noncitizens from its voting rolls, yesterday Supreme Court Justice Anthony Kennedy issued a temporary stay in another noncitizen voting case. Arizona v. Gonzalez involves Arizona’s Proposition 200, which would … More

    The Battle for the American Conscience

    More than 80 plaintiffs in 23 different lawsuits are now challenging the HHS mandate that will require many religious institutions to provide health insurance coverage for abortion-inducing drugs, sterilization, and other contraceptive services. At the heart of these lawsuits is whether the government’s purported interest in marginally increasing access to … More

    Deferring to Congress on ObamaCare

    In a Washington Post opinion piece, Charles Krauthammer makes the case that it is ObamaCare that is on trial—not the Supreme Court. The focus should remain on this “fundamentally transformative law” that “remak[es] one-sixth of the economy.”  Krauthammer notes that ObamaCare passed on strictly partisan lines, unlike other major social … More

    President Obama: An Advocate for a Restrained Judiciary?

    Yesterday in a joint press conference with the Canadian prime minister and Mexican president, President Obama expressed his confidence that the Supreme Court will uphold his signature health care law, following more than six hours of oral argument before the Court last week. Obama suggested that the Court—not Congress—would be … More

    Justices Take Next Step in Deciding Obamacare's Fate

    The morning news cycle has been buzzing with anticipation as the Supreme Court meets for its first conference after the Obamcare oral arguments, and some are reporting that the justices “will likely know the outcome of the historic health care case by the time they go home this weekend.” In fact, … More

    Obamacare's Two-Year Anniversary

    Today marks the two-year anniversary of President Obama signing into law the Patient Protection and Affordable Care Act, which will go down in the history books as “Obamacare.” With the Supreme Court poised to hear oral argument in the 26 states’ and NFIB’s challenge to the Act next week, members … More

    Obamacare Debate Comes to Heritage

    In an opinion piece over the weekend, Washington Post Supreme Court reporter Robert Barnes posits that the government may be able to “lure” eight of the nine justices to uphold the Affordable Care Act.  Barnes asserts that even conservative bastion Antonin Scalia might agree with the government that Congress’s power … More