Tag Archives: federalism

FedSoc 2012: Federalism, Judicial Activism, Natural Law, and so on.

Last week I made my yearly pilgrimage to Washington, DC.  Although much is wrong in our American Rome (the Pax Romana this is not), there are still some diamonds in the rough like the annual Federalist Society National Lawyers Convention. … Continue reading

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Amendment A: Wielding a Health Freedom Battle Axe

On Tuesday, Wyoming joined the growing number of states that recognize health care freedom in their state constitutions, with overwhelming passage of Amendment A.  A similar state constitutional amendment passed in Alabama, and in Montana a legislative referendum implements a … Continue reading

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WyLiberty Attorneys Continue Fight for Free Speech

This ruling lets the FEC force any grassroots group that just mentions a candidate in an advertisement to fill out a complex set of forms. It would cost our clients more in accountant fees just to make sure these forms are properly filled out so they don’t risk jail time than they actually want to spend on their ads. That’s not disclosure; that’s censorship. Continue reading

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Obamacare Lives: Every Penalty a Tax?

Much to the surprise of many—not least President Obama—Obamacare’s individual mandate to purchase health insurance is a tax under Article I, § 8, cl. 1 of the Constitution.  I know what you’re thinking: why did President Obama raise taxes during … Continue reading

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Welcome to the Hotel California?

Yesterday Maryland passed an income tax increase on resident individuals making over $100,000 and couples making over $150,000. This is either a brazen attack on the middle class, a stark redefinition of what counts as rich, or both, depending on … Continue reading

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Obamacare at the Supreme Court, Day 3 (Part 2): Medicaid Expansion

“With all due respect, Mr. Chief Justice, I don’t think we can say that, you know, the States have gotten pretty dependent, so let’s call this whole federalism thing off.” -Paul Clement This afternoon, the final round of oral arguments … Continue reading

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Obamacare at the Supreme Court, Day 2: As Good as It Gets

Today was the big day at the Supreme Court, as the second day of oral arguments in Florida v. Health and Human Services focused on the individual mandate provision of Obamacare.   This is the provision that forces most Americans to … Continue reading

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One Week Countdown to Obamacare’s Days at the Supreme Court

Last year, the Health Care Freedom Amendment (HCFA) passed the Wyoming Legislature and was signed by the governor.  If ratified by ballot this November, the HCFA will provide strong protection against state takeover of health care and an alternative challenge … Continue reading

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WyLiberty Joins Friend of the Court Brief in the Obamacare Supreme Court Challenge

The Obamacare (PPACA) challenge is scheduled for oral arguments in late March (just after its second birthday).  In the meantime, the deadlines for briefs on various issues come and go, and—as this is the most important Supreme Court case in … Continue reading

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Obamacare’s Latest Strike Against the First Amendment and Federalism

Two weeks ago the United States Supreme Court, in a surprising but welcome 9-0 ruling, ruled that a minister fired by a Lutheran congregation could not claim protection of federal discrimination laws.  Chief Justice John Roberts succinctly summed up the … Continue reading

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