Tag: Supreme Court

Obamacare’s State-Based Exchanges Struggle with Surging Costs »

Obamacare’s health insurance exchanges are a real problem. States that established exchanges as “active purchasers” of health insurance, instead of just clearinghouses, have higher premiums. So, what is the point of them? Further, the federal government threw billions of dollars at states to set up exchanges, with zero accountability. Things are not improving. From…
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Harvard Professor’s Latest ‘Heresy’ Throws Water on Obama EPA’s Climate Policy »

Is Harvard University law professor Laurence Tribe trying to become the liberal who is most despised by other liberals? It might sound odd to hear such a question asked about an academic who once mentored a young Barack Obama about the nuances of constitutional scholarship, who liberals once embraced as a potential nominee to…
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The State of the Disunion »

Top stories in world news last week: New Snowden Documents Reveal that the NSA is Preparing for Cyber War According to top secret documents from the archive of NSA whistleblower Edward Snowden seen exclusively by SPIEGEL, they are planning for wars of the future in which the Internet will play a critical role, with…
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Constitutional Federalism Beats Feds’ Bribery of the States »

Almost five years ago the final Common Core national standards were published. These national standards epitomize government that has grown beyond all constitutional bounds. As elected officials learned more about the “voluntary” standards, the less they liked, and efforts to reverse course are underway in the states as well as Congress. Certainly, federal overreach…
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Muckraker or Special Pleader? »

In “A Brief History of Media Muckraking”, the Wall Street Journal’s Amanda Foreman traces the contributions of “reform-minded journalists from Ida Tarbell to [Bob] Woodward” and a few others who spilled newspaper ink writing about abuses of power by the private and the public sector. Obviously a fan of the progress made during the…
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Obamacare’s Tax Credits in Jeopardy »

Today, we received dueling circuit court decisions on Obamacare’s tax credit component. The D.C. Circuit held (2-1) that the tax credits do not apply to health insurance purchases through an exchange established by the federal government, whereas the Fourth Circuit held that they do. If the subsidies are not available for insurance purchased through exchanges established by the feds, then Obamacare…
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Why Hobby Lobby Is Not an Assault on Women »

The reactions from the progressive side of the fence to Burwell v. Hobby Lobby Stores, Inc. was stunning. The spin is that American women have been stripped of fundamental constitutional protections. Sandra Fluke at The Washington Post’s blog claimed that “[t]he Hobby Lobby case is an attack on women.” The White House lamented that the…
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SCOTUS Affirms That Abstract Ideas Are Not Patent-Eligible »

It is no secret that innovation suffers because of the current state of patent law. Too many overly broad patents are issued and present patent trolls with the opportunity to sue, sue, and sue again. Today, the High Court in Alice Corp. v. CLS Bank, made abundantly clear that abstract ideas are not patentable….
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Patent Troll Hit with Legal Fees »

The Electronic Frontier Foundation has a good post up on how the patent troll Lumen View just got hit with a fee award in federal court. This is in part because of recent Supreme Court decisions making it easier for defendants to collect attorney’s fees when they win patent suits. The troll’s patent was but a description…
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Lessons from a German Homeschooling Family about the Nanny State »

The saga of a German homeschooling family represents a needed refresher course about the true origins of our fundamental rights. Uwe and Hannelore Romeike, along with their seven children, were on track to be deported from the United States. What was their high crime and misdemeanor? Drug trafficking? Gun running? Cybercrime? No—it was homeschooling….
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