• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Justice Kennedy to Deliver Joseph Story Distinguished Lecture

    The Heritage Foundation’s Center for Legal and Judicial Studies is honored to host Supreme Court Associate Justice Anthony M. Kennedy to deliver our fifth annual Joseph Story Distinguished Lecture on October 24, 2012. The lecture, entitled “The Constitution and Its Promise,” is the penultimate event in Heritage’s 2012 Preserve the … More

    Obama's Gutting of Welfare Reform Is Illegal

    The Department of Health and Human Services (HHS) has a General Counsel and legal staff to ensure that the agency’s actions are lawful. Did they take the day off last Thursday? We have to question whether the department lawyers were consulted at all about the “Information Memorandum” issued by HHS … More

    A Clarion Call for the American People

    The Supreme Court’s decision to uphold Obamacare reflects a tragic misreading of the law, one which could cost us not just economically but also in terms of liberty.  On the bright side, the Court recognized that there are limits to what Congress may do under the Commerce Clause.  But this … More

    Obamacare at the Court: Day 3, Severability and Spending

    If the individual mandate is the blockbuster issue before the Court, Medicaid and severability may be sleeper hits that ultimately have tremendous impact. If the Court strikes down the mandate, then what is to be done with the Russian novel-length ObamaCare?  Should the Court just tear out the few pages … More

    Suppose Joseph Story Had Been Right, and Brutus Had Been Wrong?

    The Supreme Court’s term has barely begun, and yet speculation already abounds regarding when the Court will hear and how it will decide politically controversial cases such as Obamacare, racial preferences, immigration, and same-sex marriage. Court watchers offer their predictions on the outcomes of the cases, but many if not … More

    Fourth Circuit Rules, but Challenge to Obamacare Still Stands

    Today the Fourth Circuit Court of Appeals rejected two challenges to the Patient Protection and Affordable Care Act (PPACA)—better known as ObamaCare—on procedural grounds.  Because the court found procedural problems in both cases, it did not reach the constitutional question of whether the individual mandate is constitutional.  Importantly, the procedural … More

    A Stunning Victory for the Constitution over Obamacare

    This afternoon, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals in Atlanta ruled that the individual mandate in the Patient Protection and Affordable Care Act (PPACA), more commonly known as Obamacare, is unconstitutional.  The carefully worded and thorough (over 300 page) set of opinions may be a … More

    Obamacare, the Supreme Court, and Recusal

    Yesterday, the Supreme Court denied Virginia’s motion to bypass the appellate court and go directly to the Supreme Court in its challenge to the Obamacare litigation. The Court’s decision not to hear the case, delivered in an order without comment, was not surprising. While the procedure exists for the Court … More

    Court to DOJ: No More Stalling on Obamacare Lawsuit

    Late yesterday, the U.S. 11th Circuit Court of Appeals handed the Obama DOJ yet another defeat in the Obamacare litigation—this time related to how quickly the appeal will proceed.  Readers of this blog know that the Obama DOJ has been attempting to slow walk its appeal of Judge Vinson’s ruling.  … More

    Federal Judge: Obamacare is Void

    Today’s decision by Judge Vinson is another stinging defeat for the administration in its defense of Obamacare. Defenders of the health care bill had tried to paint any legal challenge as “frivolous.”  When then-Speaker Pelosi was asked by a reporter “where specifically does the Constitution grant Congress the authority to … More