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    Judicial Mischief in Wisconsin Surrounds Effort to Recall Gov. Walker

    The political battle over Wisconsin Governor Scott Walker’s (R) recall is heating up. Four Democrats have filed paperwork to appear on the ballot opposite Walker, and the President’s re-election team has joined the fray, attacking Walker by name. The conflict has even infected the supposedly independent state judiciary. Recent investigations … More

    The FOCUS Act and Federal Law Enforcement

    An article by Jon Adler at “Police: The Law Enforcement Magazine,” (Last viewed Apr. 11, 2012), written on behalf of the Federal Law Enforcement Officers Association (FLEOA) is quite critical of the recently-introduced Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012.  The thrust of the article is that … More

    Criminal Law Will Go On

    Everywhere you turn, there’s no escaping the 100 year commemoration of the ill-fated voyage of the Titanic. The film is back in the theaters—in 3D no less. There are television specials and new books coming out every day this week. And Congress is passing a federal criminal law to protect … 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

    Overcriminalization Interrupted: Senate Passes House Version of Stock Act

    “Hallelujah” overstates the point, but we are pleased that the Senate on Thursday accepted the revisions to the STOCK Act made by the House of Representatives. As Heritage explained in two earlier Issue Briefs on this subject, the additional public corruption provisions that the Senate initially wanted to include in … More

    Medical Malpractice Reform: States vs. the Federal Government

    Medical malpractice reform is needed in many different states, but an effort currently underway on this issue in Congress is misguided. Legislatures in places like Texas that passed measures intended to reform the court processes used to make claims against doctors and hospitals and to stop abusive litigation have seen … More

    Overcriminalized Bill of the Week: We Already Know Witness Tampering is Bad

    One of the three aspects of overcriminalization that we highlight in our weekly e-mail alerts is “Federalizing crime that properly belongs under state and local jurisdiction.”  This edition, the first in a series entitled “Overcriminalization Bill of the Week,” contains a textbook example of such a policy mistake. The State … More

    New York Times Flip Flops on Nominee Filibuster

    In an editorial last month, The New York Times argued that the Senate should adopt President Obama’s plan requiring the Senate to vote on judicial nominees within 90 days—thus eliminating the filibuster as applied to those nominations.  The Times notes that this is a “major change in position” from its … 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

    "Fashionably Late"? Try "Criminally Late"

    Everyone knows that showing up late generally is a bad idea.  But is it so bad that it ought to be punished criminally?  To some officials in Loudoun County, Virginia, the answer is “Yes.”  In their view, the appropriate treatment for habitual tardiness is not criticism, nor ostracism, nor some … More