Tag Archives

Archive of posts published in the tag: Supreme Court

The Role of the Ruling Class

The progressive effort to remove the obstacles to a purer democracy exposed the faults of democracy.  The administrative state moved law making power away from the accountability of an electorate.  Deliberation and debate were replaced by referendums and mobs. In frustration the voters sought their objectives from the courts and the executive.  It should be no surprise that those contests have become so hostile.

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Internet Sales Tax Ruling

Many small businesses that ship online will be hurt by this ruling. Complying with the tax codes for 48 states that charge sales tax will be crippling for many of them.  There will be a need for a third party to manage the sales tax issue for thousands of small online businesses. This will likely serve to make Amazon and other large online retailers bigger and more powerful in the internet sales arena. 

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Gun Girls

Guns were considered more important to female empowerment than vagina suits.

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The Law vs Moral Philosophy

from Kenneth Stars in the WSJ, Gorsuch Gets  Comfortable in Scalia’s Chair: When Scalia ascended to the high court in 1986, he saw the danger of a runaway judiciary, as embodied in the Warren Court and to a lesser extent…

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The Legislative Court of HRC

Probably the most objectionable statement from HRC (and this is quite a list) was in the second debate in how she would select justices for the Supreme Court. The transcript: QUESTION: Good evening. Perhaps the most important aspect of this…

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Judicial Lawlessness

Yuval Levin recently wrote TheFractured Republic, an intelligent look at the state of political discontent, and a recommended read.  He recently wrote Hillary Is an Embodiment of the Left’s Disdain for Democracy with coauthor Ramesh Ponnuru in National Review. He examines three…

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Guidance Letters

Yuval Levin recently wrote TheFractured Republic, an intelligent look at the state of political discontent, and a recommended read.  He recently wrote Hillary Is an Embodiment of the Left’s Disdain for Democracy with coauthor Ramesh Ponnuru in National Review. He examines three…

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Supreme Bias

Aside from the political controversy about replacing Scalia, the court reflects an intellectual bias rarely considered. We consider bias in terms of race, religion or sex, but there is an intellectual bias when we consider different people with the same…

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Judicial Supervision of Democracy

from George Will at National Review, A Jurist of Colossal Consequence: Democracy’s drama derives from the tension between the natural rights of individuals and the constructed right of the majority to have its way. Natural rights are affirmed by the…

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Side Stepping The Constitution

From Rand Simberg at PJ Media, How Republics Die: But the Founders foresaw this sort of thing. That is why they put a provision into the founding document to deal with it. The proper way to address the issue, in terms…

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Legislative Intent

from Petterico’s Pontifications, King v. Burwell: Intentionalism Trumps Textualism, and the Rule of Law Dies: excerpt: There is much disagreement about this on both sides. The conservatives point to Jonathan Gruber, a central ObamaCare drafter. The lefties note that Gruber…

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Uninhibited Power

from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying…

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Judicial Nihilsim

From Rand Simberg at PJ Media, How Republics Die: As I noted on Twitter yesterday, it is entirely possible to like the outcome of a court ruling (or legislation) while being appalled at the process by which it was achieved.…

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Legislative Moral Hazard

Without debating the substance of the ACA or the arguments used in the King vs Burwell ruling, the Supreme Court functions within a gray area.  On one hand it should not be their purpose to correct or reject bad legislation,…

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An ACA Reader

There is an overwhelming amount of words written on the ACA ruling. A few that stand out so far: Scott Grannis at Calafia Beach Pundit, The fatal flaws of Obamacare, 6/28/12. Fatal flaw #3: A government-imposed restructuring of the healthcare…

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Why a Bad Solution Can Be Worse Than No Solution

Commentary on the ACA ruling by the Supreme Court will dominate the new and old medias for some time to come.  What doesn’t change is that the law is awful. Like so many laws that attempt to bring further complexity…

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Of Wheat and Health Care

Investor’s Business Daily Thomas Sowell writes Obscure Court Decision Gives Government Sweeping Power, 3/26/12. Excerpt: Roscoe Filburn was an Ohio farmer who grew some wheat to feed his family and some farm animals. But the U.S. Department of Agriculture fined him…

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Poetic Justice for Suzette Kelo

Kelo vs.  The City of New London was both  landmark case decided by the Supreme Court in 2005. In a 5/4 decision this CONSERVATIVE court decided that the city of New London could force Suzette Kelo to sell her house…

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Standing by Your Values

The Supreme Court decision in Kelo v. City of New London upheld the city’s right to use eminent domain to take property from one private citizen and give it to another private citizen under the justification that the use under…

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Rebelyid Hump Day Recommendations

Richard Cohen writes in the Washington Post “From John Edwards, lessons on celebrity and politics” “- the lesson to be learned from the John Edwards affair. “We have substituted the camera — fame, celebrity — for both achievement and the…

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