Constitution  (Page 10)

Aaron Walker ungagged

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Posted by  ▪  Monday, June 25, 2012 at 12:18pm 6/25/2012 at 12:18pm

Via Patterico (h/t Instapundit and readers):

Aaron tells me by phone that the word is Judge Rupp signed the order, modifying the peace order against Aaron to let him speak publicly about Kimberlin.

P.S. There is a very interesting aspect of Kimberlin’s response that I will be blogging in full. You will definitely...

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We are in the best of hands

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Posted by  ▪  Tuesday, May 1, 2012 at 5:26pm 5/1/2012 at 5:26pm

This video, via The NY Sun, is brutal, as Kathleen Sebelius is taken to school by Trey Gowdy (R-SC):

An ...

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Hey Obama, know what else those unelected judges have?

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Posted by  ▪  Monday, April 2, 2012 at 8:25pm 4/2/2012 at 8:25pm

Aw, a bunch of unelected judges may have a different view of the Constitution than Barack Obama, and may overturn a law passed by Congress.

That never has happened before.

The thing is, those judges may not be elected, and may not have any divisions.

But...

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Me on Mark Carbonaro Show talking Obamacare oral arguments

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Posted by  ▪  Saturday, March 31, 2012 at 3:58pm 3/31/2012 at 3:58pm

On March 28, 2012, I was a guest of Mark Carbonaro Show on KION 1460 AM in Salinas, CA, talking about the Supreme Court oral arguments in the Obamacare litigation.

Total time was about 25 minutes, the audio is broken down into two parts.

 
 
 

What would Teddy say if Obamacare goes down?

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Posted by  ▪  Friday, March 30, 2012 at 9:58am 3/30/2012 at 9:58am

I’m not predicting that the mandate or the entirety of Obamacare will go down at the Supreme Court.  But based on the oral arguments, those who support the law are in a state of panic.

Digging back into Memeorandum from March 23, 2010, when Obamacare was signed into law, is like opening a time...

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The lifeboats are in the water at the Good Ship Obamacare Mandate

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Posted by  ▪  Thursday, March 29, 2012 at 12:40pm 3/29/2012 at 12:40pm

The challenge to the Obamacare mandate, long dismissed by the legal establishment and media as frivolous and almost unworthy of serious consideration, is on the cusp of victory at the Supreme Court.

Credit a few lone legal voices, including at Volokh Conspiracy, with keeping the intellectual pressure on.  (added, see

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Obamacare 2nd Anniversary Collective Mourning

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Posted by  ▪  Friday, March 23, 2012 at 9:19am 3/23/2012 at 9:19am

Two years ago today Obamacare was signed into law:

Mr. Obama signed the measure, the Patient Protection and Affordable Care Act, during a festive and at times raucous ceremony in the East Room of the White House. He spoke to an audience of nearly 300, including more than 200 Democratic lawmakers who...

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Something missing from Georgetown Law’s condemnation

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Posted by  ▪  Saturday, March 3, 2012 at 9:44am 3/3/2012 at 9:44am

Two hundred fifty Georgetown University Law Center (the name of the law school) faculty, staff and students signed the following statement:

The undersigned faculty members, administrators and students of Georgetown University Law Center and other law schools strongly condemn the recent personal attacks on our student, Sandra Fluke. Ms. Fluke has had the courage...

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Dissenting Justices

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Posted by  ▪  Saturday, February 18, 2012 at 1:06pm 2/18/2012 at 1:06pm

Breaking News — two Supreme Court Justices who voted against the Citizens United decision now believe the decision should be reconsidered.

It is headline worthy at WaPo:

In other news, Water is Wet!

 
 
 

Obama desperately seeks a crisis to take advantage of

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Posted by  ▪  Wednesday, January 4, 2012 at 4:11pm 1/4/2012 at 4:11pm

Obama’s recess appointment of Richard Cordray to the new Consumer Financial Protection Bureau correctly is portrayed as a naked power grab.

First, the Senate is not in recess.  Harry Reid and other Democrats in the past treated the current Senate pro forma business status as not being in recess.

Second, the Dodd-Frank legislation which...

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Bad facts make bad law, Anwar al-Awlaki edition

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Posted by  ▪  Friday, September 30, 2011 at 10:48am 9/30/2011 at 10:48am

From David Dayen at Firedoglake:

We’ll hear this was necessary because of Awlaki’s operational role, and his part played in the Fort Hood massacre and the Christmas Day bombing attempt.  In reality, many experts saw Awlaki as a public figurehead, a man who could speak in front of a video camera and...

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Clarence Thomas on verge of victory

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Posted by  ▪  Tuesday, August 30, 2011 at 11:52am 8/30/2011 at 11:52am

That’s a theme in a very worthwhile article about Thomas written by Jeffrey Toobin in The New Yorker:

These tempests obscure a larger truth about Thomas: that this year has also  been, for him, a moment of triumph. In several of the most import...

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11th Circuit strikes down Obamacare mandate

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Posted by  ▪  Friday, August 12, 2011 at 1:18pm 8/12/2011 at 1:18pm

This is the big case involving 26 states.  In January, Judge Roger Vinson struck the entire law finding that the mandate could not be severed from...

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Economic destruction by Commerce Clause – farm equipment edition

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Posted by  ▪  Tuesday, August 2, 2011 at 5:20pm 8/2/2011 at 5:20pm

One of the great unwritten stories of the damage to the economy from team Obama is the relentless attempt to regulate areas that have not previously been regulated.

The health care mandate received a lot of attention and breaks new ground, but there are countless other areas that mostly fly under...

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Polyamory – at least be honest about it

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Posted by  ▪  Thursday, July 21, 2011 at 11:05am 7/21/2011 at 11:05am

I told you so:

Once society decides that one-man, one-woman no longer is the “arbitrary” standard, on what rational basis do we stop at one-and-one?

Jonathan Turley in The New York Times, One Big, Happy Polygamous Family:

…. Utah and eight other states make polygamy a crime, while 49 states have bigamy statutes that can...

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GOP-Backed Patent Reform Ignores the Constitution, Costs $1 Billion +, and Taxes Innovation

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Posted by  ▪  Friday, June 24, 2011 at 3:13pm 6/24/2011 at 3:13pm

You probably haven’t heard about yesterday’s passage of the “America Invents Act” in the House, but as the bill goes into reconciliation after gaining the support of all but 67 Republican Representatives and three Republican Senators (along with two Democratic Senators and 50 Democratic Representatives), it’s important that you know what it...

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First He Whispered Sweet Nothings In Your Ear

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Posted by  ▪  Wednesday, April 20, 2011 at 9:45am 4/20/2011 at 9:45am

Via Prof. Bainbridge:

Not again.  How could he?

 

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