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    Another Cry for Common Sense Immigration Enforcement

    In an article in today’s Washington Examiner, senior political analyst Michael Barone argues that Monday’s Supreme Court decision in Arizona v. United States paves the way for the U.S. to implement sensible reform of our immigration laws, and he certainly got it right. Barone begins by arguing that while the … More

    The Fashion Police - Literally

    What if a person committed a crime simply by wearing the wrong outfit? What if that person were subject to a $2,000 fine, up to 90 days in jail, and community service for what he or she was wearing? Can’t happen? Think again. According to a news story from CBS … 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

    Fast and Furious: Covering up the Death of a U.S. Agent

    Todd Gaziano has outlined at the Foundry the legal doctrine of executive privilege that President Obama has asserted in the congressional investigation of Operation Fast and Furious. The most important part of that doctrine to understand is that a President cannot assert executive privilege for the purpose of hiding wrongdoing … More

    Obama’s Nixonian Contempt for Transparency

    President Obama channeled his inner Richard Nixon with his exercise of executive privilege to shield Attorney General Eric Holder from transparency. Whether the assertion is valid is a question to be resolved between Congress and the President, yet this authority is something that can be waived by the President if … 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

    Should the Agriculture Committee Decide what we do in Afghanistan?

    As part of an ongoing series, the Heritage Center for Legal and Judicial Studies periodically identifies a “Bill of the Week” that relates to the problem of overcriminalization in America. Our Bill of the Week segment usually highlights a piece of legislation that, due to its underlying policies, exacerbate the … More

    Maryland Court of Appeals to the Left of Liberal 9th Circuit

    In a recent 5-2 decision, the Maryland Court of Appeals (Maryland’s highest court) ruled that the state’s 2008 DNA Collection Act was unconstitutional because collecting DNA after an arrest, rather than post-conviction, violates the defendant’s constitutional rights. This decision is troublesome for a number of reasons. The use of forensic … More

    The FOCUS Act Hearing: When Silence Is an Admission

    The law sometimes reflects common sense.  Consider this example:  Innocent people don’t remain silent when accused of a crime or misconduct; they deny it.  Accordingly, it is reasonable to infer that such an accusation is true if someone doesn’t scream, “Not me.  I didn’t do it.”  In the law that … More