Constitution | Le·gal In·sur·rec·tion - Part 14
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Posted by William A. Jacobson on October 30, 2012 19 Comments

The video below (h/t Hot Air) is getting a lot of exposure. It presents, in 16 seconds, religious freedom analogies. But it will make no impact with the Sandra Flukes of the world, who view free birth control as a human right. Someone has to be forced...

Posted by William A. Jacobson on July 27, 2012 13 Comments

Via Fox News: The Catholic family that owns a Colorado-based company won a court victory in  their battle to stop the Obama administration from requiring them to provide  insurance coverage for abortion-inducing drugs, sterilization and contraception,  a mandate they say violates their religious beliefs and First...

Posted by William A. Jacobson on June 30, 2012 88 Comments

There's not much I can add to what I have already said about the unreality of the reaction to the Obamacare decision by the conservative silver lining crowd. A growing chorus understands. John Yoo: Conservatives are scrambling to salvage something from the decision of their once-great judicial hero...

Posted by William A. Jacobson on June 29, 2012 58 Comments

I have expressed my frustration with those who see some salvation in the supposed advancement of constitutional federalism in the ruling by Chief Justice Roberts and the four conservative dissenters that the Commerce and Necessary and Proper Clauses did not justify forcing people into commerce. Those...

Posted by William A. Jacobson on June 28, 2012 70 Comments

Makes many of the points I made today, including rejecting the delusion that this was a victory: ...

Posted by William A. Jacobson on June 28, 2012 143 Comments

Some well-meaning people are peddling the notion that today's Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the...

Posted by William A. Jacobson on June 28, 2012 71 Comments

The most disturbing thing about today's decision is not that we lost on the mandate. The majority opinion on the Commerce Clause (the Chief Justice plus the conservative dissenters) was quite good, and vindicated those who mounted an argument as to "inactivity" to the derision...

Posted by William A. Jacobson on June 28, 2012 41 Comments

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...

Posted by William A. Jacobson on June 28, 2012 57 Comments

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:...

Posted by William A. Jacobson on June 28, 2012 198 Comments

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...

Posted by William A. Jacobson on June 27, 2012 73 Comments

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...

Posted by William A. Jacobson on June 25, 2012 12 Comments

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...

Posted by William A. Jacobson on May 01, 2012 42 Comments

This video, via The NY Sun, is brutal, as Kathleen Sebelius is taken to school by Trey Gowdy (R-SC): An account of the hearing was issued by the Catholic News Agency. It’s almost painful to read. The secretary admits she was unaware of legal precedents confirming...

Posted by William A. Jacobson on April 02, 2012 57 Comments

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 they have...

Posted by William A. Jacobson on March 31, 2012 4 Comments

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. ...

Posted by William A. Jacobson on March 30, 2012 22 Comments

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...

Posted by William A. Jacobson on March 29, 2012 108 Comments

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...