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  • Rule of Law

    Restore the courts to their constitutional role which is to apply the laws as written, to protect individual rights, and to enforce constitutional limits on government.

    Armour v. Indianapolis: “Money Down the Sewer”

    Not many cases involving the financing of municipal sewer construction projects are likely to raise issues that might interest the Supreme Court (or anyone else for that matter), but at least one has.  On Monday, the Supreme Court decided Armour v. Indianapolis, which rejected an Equal Protection Clause challenge to … More

    Court Strikes Down The Defense of Marriage Act

    Today, a unanimous panel of the U.S. Court of Appeals for the First Circuit held unconstitutional a provision of the federal Defense of Marriage Act (DOMA) defining “marriage” exclusively as opposite-sex unions, setting up an all-but-certain Supreme Court case for next year. Acting in response to a Hawaii Supreme Court … More

    DOJ Hack Emphasizes the Need for Smart Cybersecurity Action

    Last week, the U.S. Justice Department acknowledged that its Bureau of Justice Statistics website had been hacked. The hacker group Anonymous claimed credit for the hack and published 1.7 gigabytes of data. Included in the data were internal e-mails, which possibly contained personal or sensitive information related to crimes, criminals, … 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

    North Carolina: Stuck in the Stone Age?

    As swimsuit season approaches, millions of Americans are starting vigorous diet and exercise regimens to get in shape.  Most people would love to get into shape the way Steve Cooksey has.  Mr. Cooksey would love to share his wisdom, but there’s just one problem: the state of North Carolina threatened … More

    Members of Congress Work to Rein In Overcriminalization in America

    What do a legendary guitar maker and a lobster importer have in common? Both are alleged to have run afoul of the Lacey Act, one of the most egregious, overcriminalized statutes on the books. Now some Members of Congress are working to inject some much-needed fairness into the justice system. … More

    U.S. v. Heicklen: The Nullification of Free Speech

    Prosecution for exercising one’s free speech rights is becoming a trend in the current Administration and the Department of Justice (DOJ). In April, the Legal Center highlighted the DOJ’s outrageous prosecution of Mary Susan Pine, a pro-life advocate. Thankfully, when the rubber hit the road, the DOJ lawyers had nowhere … More

    Arizona v. United States: Showdown in the Supreme Court

    For the second year in a row, the U.S. Supreme Court will hear an immigration case out of the State of Arizona.  And for the second time is as many years, the Obama administration has sued the State of Arizona in the hopes of stopping its state law aimed at … More