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We have just filed an amicus curiae (”friend of the court”) brief with the Supreme Court arguing that (1) under current Supreme Court rulings, Obamacare’s individual mandate, if it can be justified at all, must be justified under the Constitution’s Necessary and Proper Clause, and (2) scholarly research into the meaning of the Necessary and [...]

Does the mandate forcing Catholic hospitals to offer abortifacients and contraception violate the First Amendment? The surprising answer is: Probably not. True, there are serious moral and political issues inherent in requiring religious institutions to offer “treatments” they find theologically offensive. But, despite the claims of many Catholic and conservative commentators, the U.S. Department of Health [...]

Are the detainment provisions of the 2012 National Defense Authorization Act serious? Yes they are. This is a complicated area, and there has been a lot of word-fudging in spinning this subject. So bear with me as we take things step by step. *    The U.S. Constitution generally guarantees the “Privilege of the Writ of Habeas Corpus.” The [...]

I observe with some satisfaction that the higher-education establishment is finally learning that if you play with snakes you get bitten. It is no secret that academics were heavily in President Obama’s corner when he ran for President in 2008. Part of the reason was his commitment to transfer other people’s money [...]

The Supreme Court’s decision in Citizens United v. FEC has generated a great deal of uninformed, and sometimes hypocritical, whining. In Citizens United, the Supreme Court held that people organized in the corporate form have the same First Amendment rights they enjoy when they organize in other ways. Some opponents of the decision are even supporting [...]

II is submitting not merely one, but two separate brief to the U.S. Supreme Court opposing Obamacare. One will show why the mandate that individuals buy government-approved insurance is unconstitutional. The other, which has now been filed, shows that Obamacare’s Medicaid mandates imposed on states also are unconstitutional. Both briefs are based on a powerful blend [...]