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  • The Supreme Court

    How 40 Congressmen Are Challenging Obamacare

    The Supreme Court may have ruled once on the Patient Protection and Affordable Care Act, better known as Obamacare, but the debate about the law’s constitutionality is far from settled. Forty members of the House of Representatives, led by Trent Franks (R–AZ), have filed an amicus brief in the latest … More

    Chief Justice Roberts: “Fundamental Concerns” Surrounding Class Action Awards

    Have you ever received a class action notification? The e-mails and letters contain a lot of legalese—“You might be entitled to an award as a member of this class”—but the end result is usually the same: You sign up, and you receive nothing of value. When class actions settle, everyone … More

    Potential Settlement in Supreme Court Housing Discrimination Case

    The Wall Street Journal is reporting that the parties in the Fair Housing Act case pending before the Supreme Court have reached a tentative settlement deal. The case, Mount Holly v. Mount Holly Gardens Citizens in Action, involves the township of Mount Holly, New Jersey’s attempt to redevelop a crime-ridden, … More

    2013 Joseph Story Distinguished Lecture: Judge Diarmuid O’Scannlain

    It is unmistakable that our current Supreme Court plays a robust role in our republic. And according to Joseph Story, that is what the Founders intended. Justices Ruth Bader Ginsburg, Antonin Scalia, and Anthony Kennedy have recently weighed in with their perspectives on the scope of judicial power. In August … More

    Speech Restrictions on National Mall Violate the Constitution

    As the government “shutdown” drags on, Washington’s National Mall remains closed to the general public. Not everyone, however, is forbidden to set foot on the mall. The National Park Service (NPS) has posted signs indicating that certain portions of the mall are closed “except for 1st Amendment activities.” A planned … More

    Supreme Court Takes Up Recess Appointments

    This morning marks the official start of the Supreme Court’s 2013–2014 term. One of the cases the Court will decide is National Labor Relations Board v. Noel Canning, which involves a clash between the President and the Senate over recess appointments. At the end of 2011, the Senate exercised its … More

    What Is a “Reasonable” “Search” or “Seizure” in the Age of New Technologies?

    The Fourth Amendment prohibits the government from conducting “unreasonable searches and seizures.” However difficult it previously may have been to define a “reasonable” search or seizure, 21st-century technology makes that job far more difficult. There is virtually no aspect of life that cannot be captured, analyzed, and stored in 0s … More

    Preview of Next Supreme Court Term

    Monday, October 7, marks the beginning of the Supreme Court’s next term. The last term included a number of high-profile cases involving voting rights, same-sex marriage, drug-sniffing dogs, and racial preferences in college admissions. So what is on deck for this next term? There are a number of cases already … More

    The Obama Administration, Marriage, and the States

    Just as families are getting ready to head out the door for a long holiday weekend, the Obama Administration has rolled out new policies that disregard states’ authority over marriage and redefine marriage for a variety of federal purposes. The U.S. Department of the Treasury and the IRS and the … More

    Obamacare HHS Mandate Headed to Supreme Court?

    On Friday, the Third Circuit Court of Appeals blocked a temporary halt to the coercive Obamacare mandate that requires employers to provide coverage of abortion-inducing drugs. The ruling, which rejected claims under the First Amendment and the Religious Freedom Restoration Act, is at odds with a June en banc decision … More