September 26, 2016

Federalism and the Republicans: Who needs RINOs when you can have FINOs?

Can the Republican Party still be the party of “small is better” government if it isn’t willing to stick to its guns when the policy is one of its favored issues? Such as, for example,  tort reform? I hate it when I hear Republicans at the federal level attack Democrats on the size and scope of […]

“Unconstitutional,” says the 11th Circuit.

“Unconstitutional” The news making its way through the legal blogosphere, and the online news outlets, is that the 11th Circuit has ruled the individual mandate part of the Patient Protection and Affordable Care Act (the “Act”) is unconstitutional. Let me underscore that: only the individual mandate was found unconstitutional. The rest of the law has […]

An Impressive New Blog in Utah: the “Utah Political Summary”

Reading up on some of the local blogger commentary on HB 477 this morning, I ran into a blog I’d not seen before: the Utah Political Summary. Written and published by local attorney Curt Bentley, the blog purports to provide a political commentary with dual purposes: “(1) to help people who want to know get informed […]

The Commerce Clause argument in Virginia v. Sebelius, among others

Yesterday, the headlines shouted that individual mandate of the Affordable Health Care for America Act (let’s just call it “the Act” for short) was found unconstitutional by a federal court in Virginia. (see my short post on it here) Partisan critics of the ruling were quick to point out that there have already been two cases […]

The legal challenges to the health care bill

Apparently, there is some question about the legality of the bill recently (as in yesterday) signed into law by President Obama.  I’ve already discussed the questionable procedures used to pass it in the House.  But what about the bill itself?  Is it legal?  Is it constitutional? Let me just say at the outset that rational […]