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Le·gal In·sur·rec·tion

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On August 14, 2009, I tried to sound the alarm as to where Democrats' health care proposals were heading. At that time I was dealing with the precursors to what became Obamacare.  The congressional language distinguishing the mandate as a penalty and the political arguments that...

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Romney's statement: Obama lied to the American people. Again. He said it wasn't a tax. Obama lies; freedom dies.— Sarah Palin (@SarahPalinUSA) June 28, 2012 Not taking Congress at its word on penalty is the new judicial restraint #SCOTUSlogic— Legal Insurrection (@LegInsurrection) June 28, 2012 SCOTUS to POTUS:...

Consider this Pep Talk IV. Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009? Not when voters took to the voting booth and elected Scott Brown. Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version...

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around...

... Dread (I'm already preparing Pep Talk IV)...

Please read this bumper sticker before rendering your decision. From Linda, taken at the Riverwood mansion, Nashville, on June 23: “The right to be left alone—the most comprehensive of rights, and the right most valued by a free people.”— Louis Brandeis, dissenting, OLMSTEAD v. U.S., 277 U.S....

where will we be? Big day here. Will create an "open" post somewhere around 9:30 a.m. waiting to find out if the Supreme Court Kremlinologists have been right. Or not. Then will follow up with a post detailing my take on the decision. Followed by the House vote to hold...

Via AP: A federal judge has refused to stop Florida from removing potentially non-U.S. citizens from its rolls. The U.S. Department of Justice sued the state to halt the purge, arguing it  was going on too close to a federal election. U.S. District Judge Robert Hinkle said Wednesday...

Friend of the blog, blogger, and commenter Ric Locke (warlocketx) has bad news on his blog (h/t Instapundit), It’s Lung Cancer: Stage III, inoperable. Median survival prognosis: One year after diagnosis. Which is, as it turns out, the reason I haven’t been accomplishing much, including posting here...

There seems to be a change in Syria, a worsening of the situation for Assad. I can't tell if this is the turning point, a turning point, or just a bump in Assad's road to staying in power with the military help of Iran, Hezbollah...

I guess Democratic Congressman Jim Matheson running against Mia Love in the new Utah-04 district is a moderate compared to Nancy Pelosi.  His claim to moderation is that on a small number of key votes he has voted against his party, but not when his vote mattered. Matheson...

Other than the fact that George Will thinks he's a good default pick? I've always liked Jindal, but admittedly I don't follow his day-to-day actions in Louisiana that carefully. He did a good job on the BP spill, doesn't have any known personal problems, has experience as...

If this reopens old wounds, too bad. Rick Santorum's hiding act is wearing thin. Newt is out there all the time helping to pound on the Obama record. The supposedly bitter Newt is proving himself to be the class act his supporters always knew him to be....