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    President Obama: An Advocate for a Restrained Judiciary?

    Yesterday in a joint press conference with the Canadian prime minister and Mexican president, President Obama expressed his confidence that the Supreme Court will uphold his signature health care law, following more than six hours of oral argument before the Court last week. Obama suggested that the Court—not Congress—would be … More

    Dear Liberals, Originalism Is Not Activism

    Obamacare’s day in court didn’t go so well, and liberals are in a panic. Sensing the demise of Obamacare, they have begun to preemptively accuse the conservative justices of “judicial activism.” But the more they try to explain how striking down Obamacare would be “judicial activism,” the clearer it is … More

    Day 3 at the Court - Severability and Coercive Medicaid Conditions

    The Court’s morning session concentrated on whether, if the individual mandate is held unconstitutional (as looks increasingly likely after yesterday’s argument), it can be cleanly severed from the rest of ObamaCare, and if not, what other portions of the act must the Court strike down with it. The Court’s afternoon … More

    Is the Supreme Court the Final Arbiter on Obamacare?

    In oral arguments yesterday about Obamacare’s individual mandate, Supreme Court Chief Justice John Roberts posited that if the government could force people to buy health insurance, its power would be nearly unlimited: Once we say that there is a market and Congress can require people to participate in it…it seems to … More

    Obamacare at the Court Preview: Day 2, The Individual Mandate

    Call it the main event: after a day puzzling over whether Obamacare’s fines on those who don’t buy insurance constitute a tax or a penalty—an important threshold issue, to be sure, but one that hasn’t quite captured the public’s imagination—the Court today will hear oral argument regarding one of the … More

    Scribecast: NFIB's Karen Harned on Obamacare at the Supreme Court

    Shortly after President Obama signed the Patient Protection and Affordable Care Act into law two years ago, the National Federation of Independent Business joined a lawsuit challenging its constitutionality. After victories in district court and federal appeals court, Obamacare goes before the U.S. Supreme Court next week. Karen Harned, executive … More

    James Madison: Father and Defender of the Constitution

    George Washington has a monument; Jefferson has a memorial; and even James Buchanan has a spot in Washington, D.C., dedicated to his legacy. But there’s no slab of marble in honor of James Madison. Yesterday was James Madison’s birthday, so today let us then remember his legacy as the father of … More

    Obamacare Fails To Empower People

    This year marks the 35th anniversary of a small but extremely influential book: To Empower People, by Peter Berger and Richard John Neuhaus. If you’ve ever heard the term “mediating institutions,” this is the book that made it (more) popular. In their 45-page treatise, Berger and Neuhaus argue that a healthy nation relies on local … More

    Harry Reid Reverses Course on Judges; Political Stunt Backfires

    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 … More

    Is Anti-Conscience Mandate Dragging Down Obama's Approval Rating?

    Journalists and pundits are chalking up President Obama’s plummeting approval rating to the high cost of gasoline. No doubt that’s having an impact. But there’s another important factor to consider: Obama’s decision to trample on the religious liberty of Americans. Since the Department of Health and Human Services announced its … More