“Money Is Not Speech.” At first, this phrase sounds so self-evident as to be almost indisputable. This phrase is currently riding a wave of popularity among the political classes, such that former U.S. Supreme Court Justice John Paul Stevens was greeted with praise for uttering this phrase during a … [Read more...]
The Origination Clause III: ObamaCare’s a Good Amendment to Die Hard
Dan Smyth | December 5, 2013
In June 2013, Judge Beryl Howell of the U.S. District Court for the District of Columbia dismissed the Pacific Legal Foundation (PLF)'s case that ObamaCare violates the Constitution's Origination Clause. This clause reads, "All bills for raising revenue shall originate in the House of … [Read more...]
Errors Galore in Centro Tepeyac v. Montgomery County
Dan Smyth | August 12, 2013
Centro Tepeyac, a pro-life center in Montgomery County (Mo Co), Maryland, is officially a First Amendment martyr. On July 3, 2013, the U.S. Court of Appeals for the Fourth Circuit ruled in Centro Tepeyac v. Montgomery County that Mo Co can force Centro Tepeyac and other pro-life centers to post … [Read more...]
Restraining “Judicial Activism of the Most Pernicious Sort”
Randy Quarles | July 2, 2013
As Mark Twain said of the weather, people grumble a lot about federal courts, but nothing is done about them. For instance, when the Supreme Court upheld Obamacare’s individual mandate as a tax in June 2012, Jim Huffman, dean emeritus of Lewis & Clark Law School, complained the ruling was … [Read more...]
History Buff: Who’s Most Responsible for ObamaCare?
Randy Quarles | May 31, 2013
As the major costs of ObamaCare loom over America, here’s a history quiz: Who’s most responsible for instituting ObamaCare? (a) President Barack Obama (b) President George W. Bush (c) Chief Justice John Roberts (d) President Franklin Roosevelt The answer is (d) President Franklin … [Read more...]
Abortion and Gun Control: Any Hope for Change?
Paul Wilson | May 8, 2013
The shocking trial of abortion provider Kermit Gosnell, who allegedly snipped the necks of babies in a filthy clinic, has stirred outrage even among abortion supporters. Meanwhile, following the shooting at Sandy Hook Elementary School in Newton, CT, in December 2012, the Senate recently rejected a … [Read more...]
The Origination Clause II: Die Harder with a Vengeance, ObamaCare!
Dan Smyth | April 25, 2013
A U.S. district court could soon decide if the Pacific Legal Foundation's (PLF) case against ObamaCare will continue in the U.S. court system. PLF alleges that ObamaCare is unconstitutional because it violates the Origination Clause, which reads, "All bills for raising revenue shall originate in … [Read more...]
Dear O’Brien: The Free Exercise Clause and Professing Catholicism
Dan Smyth | December 10, 2012
Is the contraception/abortifacient mandate, brought to us by the U.S. Department of Health and Human Services (HHS), doomed? Last week, a U.S. federal appeals court, in an order involving O'Brien Industrial Holdings v. HHS, spared O'Brien, a Catholic employer, from the HHS mandate for the appeal's … [Read more...]
The Origination Clause: Die Harder, ObamaCare!
Dan Smyth | October 24, 2012
Chief Justice John Roberts could begin his next Supreme Court decision regarding ObamaCare with the following statements: "Whoops, ObamaCare is unconstitutional. As ObamaCare involves taxes, the House -- not the Senate -- was constitutionally responsible for originating ObamaCare." If Roberts … [Read more...]
The ObamaCare Absurdity and the Creation of New Powers
Dan Smyth | April 2, 2012
An applicable individual shall[,] for each month beginning after 2013[,] ensure that the individual and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month…. If an applicable individual fails to meet the requirement…for [one] or … [Read more...]
