Two shocking rulings handed down by the Supreme Court recently – one, King V. Burwell, rewriting precise language in the Affordable Health Care Act, the other, Obergefell V. Hodges, assuming federal authority to define marriage, illuminate a central flaw in the American system of government – as it now exists. That flaw is the lack of a realistic institutional check on unconstitutional federal activities.Details
Speaking in Forth Worth, Texas on Sept 4, 2010, Tom Woods explains Jefferson’s view of the courts.
“The federal government IS the problem …and last I checked, the federal courts are part of the federal government.”Details
Nullification 1, Brady Campaign 0: Federal Judge Dismisses Suit Against Kansas 2nd Amendment Protection Act
Last week, a federal judge dismissed a lawsuit challenging the constitutionality of the Kansas Second Amendment Protection Act, saying the suit from the Brady Campaign was “without merit.” The law, signed by Gov. Sam Brownback in 2013, draws a line in the sand on federal gun control. It reads, in part: Any act, law, treaty,…Details
The Supreme Court is at it again. This time, they have the opportunity to strike a major blow to Obamacare in King vs. Burwell. However, members of the court are seemingly more interested in the policy ramifications of their decision than protecting the Constitution.Details
I agree with many of the arguments that have been made by people like Prof. Adler, Michael Cannon, and others – that in King v. Burwell, IRS subsidies should be struck down as unconstitutional because they’re not authorized in states where the federal government operates an exchange.
But, the Court will not agree.
The federal government, including the federal courts, cannot be trusted to shut down such a massive expansion of federal power. Congress cannot be trusted. New Republican majorities cannot be trusted. The Courts cannot be trusted.
The only way to stop Obamacare is through state and individual resistance. That is, nullification.
As the unconstitutional federal war on marijuana comes to an end, the prohibitionists aren’t going out with class or dignity. The latest measure is an anti-constitutional lawsuit filed by the Attorneys General in the states of Oklahoma and Nebraska.Details
Recently, Georgetown Law School hosted a panel discussion on the 4th Amendment that included powerful federal Judge Richard Posner, who has been called the 20th Century’s most cited legal scholar by The Journal of Legal Studies.Details
That’s what Yale Law School professor and The New York Times columnist Linda Greenhouse accused members of the Supreme Court of being after they agreed to hear the latest challenge to the Affordable Care Act. For his part, Princeton professor and fellow NYT columnist Paul Krugman called this a “cruel absurdity,” and suggested the court would “pervert the law to serve political masters.”Details
On Sept. 30, Judge Ronald A. White of the U.S. District Court for the Eastern District of Oklahoma delivered his decision in Pruitt v. Burwell, the third of four related cases to have received a judgment. The four cases challenge the IRS ruling that ObamaCare subsidies will be given to policyholders who’ve purchased health insurance in exchanges established by the federal government. Like the verdict in Halbig v. Burwell, Judge White found for the plaintiffs and against the IRS, and he vacated the IRS regulation pending appeal. The other case to have received a judgment is King v. Burwell, which found for the government. So we have a 2-1 split. The U.S. Supreme Court must eventually weigh in.Details