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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.

    Tragic Facts Make Bad Law: Court Rejects Expert View on Drug Labels

    The decision in the blockbuster case of Wyeth v. Levine is just out, and Lyle Dennison’s early commentary is here. To summarize: In an opinion by Stevens, joined by Kennedy, Souter, Ginsburg, and Breyer, the Court held that FDA approval of a drug’s labeling does not preempt state-law failure-to-warn claims. … More

    Criminalizing Our Way out of the Crisis

    If you’re a member of Congress, it’s tough to vote or even argue against any bill that has harsher criminal offenses or penalties. No legislator wants to give his reelection opponent the opportunity to label him as being “soft on crime.” Two bills scheduled to be considered by the Senate … More

    Will Obama Defend DOMA?

    The Boston Globe reports: Fifteen gay and lesbian residents from Massachusetts who wed after this state legalized same-sex marriages plan to file a discrimination suit today, challenging a federal law that defines marriage as a union between a man and a woman. Six same-sex couples and three men whose husbands … More

    The Constitution is Clear: DC is a Federal City

    The Constitution of the United States of America Congress Doesn’t Have the Authority: Congress lacks the constitutional authority to simply grant the District a voting representative, as the Constitution explicitly limits such representation to states alone. Members of Congress are bound by their oath to reject proposals that violate the … More

    Morning Bell: The Oath and the District of Columbia

    The House of Representatives shall be composed of Members chosen every second Year by the People of the several States … No Person shall be a Representative who shall not … when elected, be an Inhabitant of that State in which he shall be chosen. – Article I of the … More

    The Open-Ended Nature of “Honest Services” Fraud

    (Commentary by Heritage’s Brian Walsh) The Supreme Court yesterday decided not to consider an important case, Sorich v. U.S., on the meaning and scope of an exceedingly broad federal statute that has been used to prosecute a breathtaking range of conduct. Associate Justice Antonin Scalia again broke with the strict … More

    Another Empty Ethics Promise Exposed

    When he signed executive orders which supposedly tightened federal ethics rules for White House officials, President Barack Obama said, “We need to make the White House the people’s house, and we need to close the revolving door that lets lobbyists come into government freely and lets them use their time … More

    Is Holder Already Breaking His DOJ De-Politicization Promise?

    Eric Holder, the new Attorney General has the opportunity this week to show whether he really intends to keep his promise of supposedly making sure there are no “politics” in the actions and decisions made by the Department of Justice. As Steve Hayward reports over at National Review, the Washington … More

    From the Turnabout-Is-Fair-Play Dept.

    Trial lawyer Neil Fineman brought a class action lawsuit on behalf of customers of a department store who were asked to provide personal information to the store–usually an email address or phone number–when paying by credit card, which is against the law in California. The normal way these things work: … More

    Solis’ McCain-Feingold Ethics Problem

    Barack Obama can’t seem to win for losing when it comes to his nominees. Earlier this week, I wrote about the possible ethics violations committed by Congresswoman Hilda Solis, who has been nominated by President Obama to head the Labor Department. Not only was she the treasurer and on the … More