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  • Photo ID for DOJ, But Not for Texas

    To no one’s surprise, the Obama Justice Department’s Civil Rights Division have objected to the voter ID law passed by the Texas legislature. The DOJ under Attorney General Eric Holder claims that it is discriminatory under Section 5 of the Voting Rights Act for Texas to require voters to present … More

    Buying the Allegiance of Supreme Court Justices?

    If you want to see an illustrative example of Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer making decisions based on their personal ideologies and political opinions—as opposed to the actual evidence submitted in the cases before them—look no further than an order issued February 17 in American Tradition … More

    The Way to Stop Discrimination Is to Stop Discriminating

    In what is most likely a positive development, the Supreme Court has granted certiorari in Fisher v. University of Texas, a lawsuit filed by Abigail Fisher, whose application to UT Austin was rejected in 2008. As I explained in an article at National Review, Fisher would almost certainly have been … More

    Ninth Circuit Rules Against Marriage

    Today, in a 2–1 decision, the U.S. Court of Appeals for the Ninth Circuit ruled against Proposition 8, the California ballot measure that defined marriage in the California constitution as one man and one woman. The appeals court decision upholds the decision of the lower court, which struck down Prop … More

    Rick Santorum, Felon Voting, and the Constitution

    Last night’s Republican presidential debate raised the issue of felon voting.  Rick Santorum was challenged over his vote for federal legislation that would automatically restore the voting rights to felons as soon as they are released from prison and have completed any required probation or parole. As I testified nearly … More

    Obamacare Litigation: More "Golden" Reasons Why Justice Kagan May Need to Recuse Herself

    An internal memorandum from the Office of the Solicitor General (OSG) reveals that Justice Elena Kagan “substantially participated” in a health care case in San Francisco in which the Justice Department argued over the effect of the Patient Protection and Affordable Care Act (PPACA). This raises grave new doubts about … More

    BREAKING: Perry, Gingrich, Santorum, Huntsman Will Not Be on Virginia Ballot

    BREAKING NEWS—Rick Perry, Newt Gingrich, Rick Santorum, and Jon Huntsman will not be on the Virginia GOP ballot. Federal district court Judge John Gibney has just issued a ruling in Richmond finding that the Virginia requirement that ballot petition circulators must be state residents is a violation of the First … More

    Breaking: Court to Decide if Gingrich, Huntsman, Santorum, Perry Will Be on Virginia's Primary Ballot

    A very big development in the ballot access lawsuit filed in federal court in Virginia by Texas Governor Rick Perry and joined by Newt Gingrich, Rich Santorum, and Jon Huntsman. Judge John Gibney just filed a five-page order in which he states that there is a strong likelihood that the … More

    DOJ Could Find 'Discriminatory' ID Requirements in Medicaid

    As outlined in a Foundry post last week, the Justice Department’s objection to South Carolina’s new voter ID law is not based on the facts or the applicable law. Contrary to the Justice Department’s claims, the law is neither discriminatory nor a burden for voters, who can obtain a free … More

    South Carolina and Voter ID: When Politics Drives Law Enforcement

    Attorney General Eric Holder put a lump of coal in South Carolina’s Christmas stocking on Dec. 23 when he objected to the state’s new voter ID law. By ignoring inconvenient facts and clear legal precedent, Holder showed once again that politics and ideology—not the rule of law—drive his law enforcement … More