In an opinion piece over the weekend, Washington Post Supreme Court reporter Robert Barnes posits that the government may be able to “lure” eight of the nine justices to uphold the Affordable Care Act. Barnes asserts that even conservative bastion Antonin Scalia might agree with the government that Congress’s power …
As part of an ongoing series, Heritage’s Center for Legal and Judicial Studies identifies a “Bill of the Week” which impacts overcriminalization in America. Not every Bill of the Week represents an unwise policy judgment. This week we celebrate a bill entitled “The Freedom from Over-Criminalization and Unjust Seizures Act …
Senate Majority Leader Harry Reid (D-NV) decided his political stunt on judicial nominees wasn’t working. He abandoned the plan Wednesday, agreeing to a deal with Republicans to schedule votes for 12 district-court nominees and two circuit-court nominees before May 7. The deal ensures President Obama’s nominees will received an up-or-down …
Majority Leader Harry Reid (D-NV) has rightfully earned the reputation of running a do-nothing Senate. More than 1,000 days have elapsed since the upper chamber approved a budget. He’s currently ignoring the House-passed JOBS Act and actively opposing steps to lower gas prices. Now, in a blatant political stunt, Reid is …
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 …
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 …
Voter fraud has a history of plaguing elections, inspiring a growing number of states to enact voter identification laws in recent years. The issue was the focus of a debate Thursday at the National Press Club between Heritage senior legal fellow Hans von Spakovsky and Laura Murphy, director of the …
Should judges act based upon reasoned legal arguments, or based upon their personal feelings and media coverage? A controversial recent “statement” made by Justices Ginsburg and Breyer in a case that was the legal equivalent of a slam dunk raises serious questions about what really guides some judges. In the …