The most important rule in constitutional law, the late Justice William Brennan liked to tell his law clerks, is "the rule of five." Five votes out of nine on the high court are all it takes to make constitutional law and change the course of history.
On Wednesday, Republican presidential contender Dr. Ron Paul delivered a rousing speech in defense of liberty to a standing-room-only crowd at the University of Maryland-College Park Campus.
Chief Justice John Roberts said Wednesday what has long been known but seldom spoken. During the third and final day of Supreme Court hearings on whether the Patient Protection and Affordable Care Act of 2010 is unconstitutional, Roberts said states have been compromising their sovereignty for decades through increased reliance on the federal government for money and accompanying directions on the governance of state affairs.
It is not just Christian institutions that are challenging President Obama’s contraception mandate. The American Center for Law and Justice (ACLJ) has filed a lawsuit on behalf of a Missouri businessman who argues that the mandate, which forces him to provide free birth control for his employees through their health insurance, violates his constitutionally protected religious freedoms. CNSNews.com reported that the suit, the first filed against the mandate by a business owner, requests a permanent injunction banning the department of Health and Human Services (HHS) from requiring individuals and institutions with religious objections to abide by the mandate.
Supreme Court justices and opposing lawyers grappled with the question of limits on the power of Congress to regulate interstate markets Tuesday in the middle of three days of hearings at the high court over the constitutionality of the Patient Protection and Affordable Care Act, the healthcare reform bill passed by Congress and signed by President Obama in 2010. There were even sharp differences over just what market is being regulated under the act, who is in it, and when and how one enters it. At one point Justice Stephen Breyer suggested that everyone enters the federally regulated healthcare market upon entering the world.
The Obama administration argued to the U.S. Supreme Court this week that people must be compelled to buy medical insurance (designed by the government) or the national medical insurance market will fail. Thus, Obamacare advocates say, the insurance mandate is consistent with the powers delegated under the Commerce Clause of the U.S. Constitution.
The attorney general of South Carolina told reporters Monday that the Supreme Court debate over the Patent Protection and Affordable Care Act is a life and death struggle, not about health care but about the Constitution.
A Minnesota-based pro-life group is raising awareness of the gruesome practice, approved by the federal Food and Drug Administration (FDA), of research labs using the remains of aborted babies in medical research projects. In a recent news release, Minnesota Citizens Concerned for Life (MCCL) reported that the FDA has approved a clinical trial by StemCells Inc., which uses brain tissue from aborted babies to treat macular degeneration. According to MCCL, the research firm injects the fetal brain cells into the eyes of patients suffering from the degenerative condition to study the effect of the cells on vision.
When a 1942 Supreme Court decision that most people never heard of makes the front page of the New York Times in 2012, you know that something unusual is going on.
On Monday the U.S. Supreme Court will begin hearing oral arguments in the states’ lawsuit against ObamaCare. If the court, as it should, strikes down the entire law, friends of the Constitution will have reason to celebrate.