Clik here to view.
Obamacare: An Unconstitutional Misadventure
This week, the United States Supreme Court has on its plate the defining legal issue of our time—the constitutionality of the Patient Protection and Affordable Care Act (ACA), which I have already...
View ArticleClik here to view.
The Dubitable Constitutionality of the Affordable Care Act
By now everyone knows that the Supreme Court will take up the watershed case of this century, when it examines the constitutionality of the Patient Protection and Affordable Care Act—the ACA or...
View ArticleClik here to view.
Trading Sheep for Grass and Fish in Patagonia
The big brown trout I was fishing for yesterday on the Limay River in Patagonia was nowhere to be found but I did manage to come across an old hang out of Butch Cassidy. Being from Montana, where the...
View ArticleClik here to view.
The Prosecutor of the International Criminal Court Makes a Sensible, if...
The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) announced today that it would not pursue an investigation of Israel for “acts committed on the territory of Palestine since...
View ArticleClik here to view.
Observations on ObamaCare
There are a number of constitutional and logical slips in the seductive argument that Paul Krugman puts forward in favor of the constitutionality of the individual mandate. First, the question why any...
View ArticleClik here to view.
South Africa’s Orwellian Constitution
The U.S. Constitution is, as Justice Ruth Bader Ginsburg has recently reminded us, “a rather old constitution.” In her parlance, old does not mean venerable or worthy of imitation. Speaking on Egypt’s...
View ArticleClik here to view.
O’s ugly ‘warning’
By all accounts, President Obama’s lawyers did a poor job of defending the constitutionality of his signature health-care-reform law in the Supreme Court last week. So he’s rearguing the case himself....
View ArticleClik here to view.
The President’s Comments on the Supreme Court
Just about every player in connection with the President’s remarks about the Supreme Court seem to me to be acting oddly or imprudently. What a terrible idea for the President to charge the Supreme...
View ArticleClik here to view.
Clik here to view.
The Prosecutor of the International Criminal Court Makes a Sensible, if...
The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) announced today that it would not pursue an investigation of Israel for “acts committed on the territory of Palestine since...
View ArticleClik here to view.
The President’s Comments on the Supreme Court
Just about every player in connection with the President’s remarks about the Supreme Court seem to me to be acting oddly or imprudently. What a terrible idea for the President to charge the Supreme...
View ArticleClik here to view.
Walking Back the Trayvon Martin Hysteria
1) If one suggests that there may not be, at least as yet, enough evidence to overturn the initial police decision of not charging Mr. Zimmerman with a crime, then one is a de facto racist. In other...
View ArticleClik here to view.
Secure Solution
The detention and interrogation facility at Guantánamo Bay, Cuba, which I have visited, has served and continues to serve an important role in the war against terrorists since it opened a decade years...
View ArticleClik here to view.
The Next Ten Years
Ten years have passed since the opening of the U.S. detention facility at Guantánamo Bay, Cuba, and the anniversary was marked with much hand-wringing. There were articles by former detainees, a...
View ArticleClik here to view.
Are Too Many People in Prison?
Does imprisonment reduce crime? Yes. Do many crimes cause considerable harm and hardships to victims? Yes. Does America imprison too many people? In light of my answers so far, you might expect my...
View ArticleClik here to view.
Not much to celebrate as ICC turns 10
On June 15th 2012, the International Criminal Court will swear in its second Prosecutor, Fatou Bensouda, at its headquarters in The Hague, just weeks before the Court’s tenth anniversary on July 1st....
View ArticleClik here to view.
Derailing the Medicaid Expansion: Chief Justice Roberts Gets This One Right
Unlike his unhappy performance with the individual mandate, the Chief Justice wrote a far more compelling decision when he struck down key portions of the Medicaid mandate. This provision has been...
View ArticleClik here to view.
The Forum: The Supreme Court’s health care ruling
Over the next week, Advancing a Free Society will publish a series of pieces related to the Supreme Court’s decision in National Federation of Independent Businesses v. Sebelius. The Forum will cover...
View ArticleClik here to view.
ACA ruling is a clarion call to defend “political constitutionalism”
Yesterday’s Supreme Court decision on Obamacare is a tragic setback to the nascent movement of “political constitutionalism.” For three years, beginning with the emergence of the Tea Party, millions...
View ArticleClik here to view.
Michael McConnell on SCOTUS ACA ruling
Read his column at Reuters: “These are significant rulings in support of federalism and the ideal of limited government. They will reverberate in litigation for years to come.” And a post over on the...
View Article
