I am still at NBC but, as many have heard, the Supreme Court delivered a clear victory to the Obama Administration in upholding the individual mandate. However, the response may be a bit too gleeful for both those following the implications for the Court and the White House.
Continue reading “SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE”
Below is my column in today’s Guardian newspaper — a further discussion of my proposal to expand the Supreme Court. While overlapping a bit with the column on Sunday in the Washington Post, the piece adds a few new details on the proposal that I first made over ten years ago.
We have been following the runaway trademark and copyright laws with common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). Now New Orleans Hornets Draft pick Anthony Davis is moving to trademark his unibrow signature phrases like “Fear the Brow” and “Raise the Brow.” To avoid one of the thuggish firms enforcing these claims, I am showing what I hope to be an unprotected unibrow.
Continue reading “Hornets’ Draft Pick Anthony Davis Moves To Trademark Unibrow Phrases”
As we anticipated, the United States Supreme Court has reversed and upheld the Ninth Circuit in part in the immigration case. Most parts — Sections 3, 5, and 6 — are preempted. In this case, Justice Kagan recused herself and the opinion is written by Justice Kennedy. Both sides can claim some victory, though the Administration can claim the invalidation of most of the law. Yet, the most controversial provision remains unpreempted.
Continue reading “SUPREME COURT DECLARES MUCH OF ARIZONA LAW PREEMPTED”
Below is today’s column in The Washington Post Sunday Outlook. Due to the normal space restraints, the original article had to be cut down. Given the high number of comments and questions about the proposal (which I first made years ago) for the expansion of the Supreme Court, I have posted the longer, original piece. That longer version addresses some of the questions raised by readers.
Continue reading “The Nineteen Member Court: The Case For Expanding The United States Supreme Court”
The Washington Post has posted my column for Sunday on expanding the Supreme Court. Due to space limitations, the original piece had to be cut back significantly, so below is the longer column. I will post the actual column on Sunday.
President Barack Obama today asserted executive privilege over documents long sought by Congress in the investigation of the “Fast and Furious” operation. The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities.
Continue reading “Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious””
While kissing babies is the stereotype of a politician, Democratic Senate candidate Thomas K. Owens is accused of a far more felonious interest after a charge of the solicitation of a minor. Police say that when asked about the solicitation of a 7-year-old girl, he said “I have a problem with that.” He was not considered a serious candidate for the primary.
The Obama Administration again waited for a Friday afternoon to announce a major new policy change — repeating its practice of timing important announcements to reduce media and public attention. The latest change is obviously controversial. The Administration will no longer deport illegal aliens under 30 who came to this country as children — effectively negating part of the federal law. It raises some troubling questions, again, about President Obama assertion of executive power. While liberals again celebrate the unilateral action, they ignore that danger that the next president may also simply chose to ignore whole areas of the federal law and criminal code in areas ranging from the environment to employment discrimination. It is one more brick in the wall of the Imperial Presidency constructed under Barack Obama — a wall that may prove difficult to dismantle for citizens in the future.
Continue reading “Obama Administration Declares It Will Not Deport Young Illegal Immigrants”
Submitted by: Mike Spindell, guest blogger
My father had a favorite saying with which was to excoriate me on the many occasions when I had misbehaved. “The Road to Hell is paved with Good Intentions”. He used this to chastise me for some bad behavior, but more importantly to give me guidance of the “slippery-slope” that I was on when I behaved badly. Although it’s been 50 years since his death his words have remained with me even though I’ve aged into a man who’s lived far longer than he had. It’s been my observation that there is truth to this cliche, yet it does represent a form of logic, the “slippery-slope”, which can often also be specious. When I read this New York Times Article: “Slippery-Slope Logic, Applied to Health Care” by Economist Richard H. Thaler, Published: May 12, 2012http://www.nytimes.com/2012/05/13/business/economy/slippery-slope-logic-vs-health-care-law-economic-view.html , I was again reminded of my Father’s admonitions and began to think about the use of “slippery-slope” logic. As it relates to SCOTUS and health care Mr. Thaler’s critique of the “slippery-slope” logic being applied by Justice Scalia did ring true:
“Consider these now-famous comments about broccoli from Justice Antonin G. Scalia during the oral arguments. “Everybody has to buy food sooner or later, so you define the market as food,” he said. “Therefore, everybody is in the market. Therefore, you can make people buy broccoli.” ”
“Justice Scalia is arguing that if the court lets Congress create a mandate to buy health insurance, nothing could stop Congress from passing laws requiring everyone to buy broccoli and to join a gym.”
“Please stop! The very fact that a slippery slope is being cited as grounds for declaring the law unconstitutional — despite that “significant deference” usually given to laws passed by Congress — tells you all that you need to know about the argument’s validity. Can anyone imagine Congress passing a broccoli mandate law, much less the court allowing it to take effect?”
These are excepts from Mr. Thaler’s article. His short column is well worth reading for his examples of the problem with “slippery-slope” logic. My piece though, is neither about health care, nor SCOTUS. I’d like to explore the question of the validity of “slippery-slope” arguments that have been commonly used in public discourse and whether we would be better off as a society if we ignored them. Continue reading “The Slippery Slope”
Many of us have long mocked the effort by members of Congress to curry favor with different groups by declaring every day to be observances for everything from National Pi Day to Education and Sharing Day to National Child’s Day (a May day not to be confused with Child Health Day in August). I recently cringed with the announcement of National Beverage Day. That’s right, not any particular beverage. Any beverage. Congress has gradually created a type of value ranking to deliver the goods for such groups. Some warrant only a day while some warrant a month like “National Safe Digging Month” while others get a whole year like “Year of Water.” Now, someone has bothered to track the costs of all of the pandering. In the 112th Congress alone, the Senate has passed or agreed to 318 simple resolutions and introduced over 100 more — costing taxpayers $381,600. This does not include staff time and other costs.
In a major victory for gay rights, the United States Court of Appeal for the First Circuit in Boston has found the Defense of Marriage Act unconstitutional in a unanimous ruling. The court found that the 1996 law discriminates against homosexual couples. The law was supported by Bill Clinton and by the Obama Administration until the latter recently reversed its position in court and withdrew support for the law before the Court. The case is Gill v. Office of Personnel Management.
Attorney General Eric Holder has been criticized repeatedly for actions viewed as political (or his abandoning independent role) during the Clinton Administration and the Obama Administration. Few, however, seem quite as raw as his participation in an upcoming event to advise black ministers on how far they can go in campaigning in this presidential election, presumably for President Obama who is expected to secure the overwhelming percentage of African American votes. The event is being hosted by the Congressional Black Caucus and will include appearances by other government officials like IRS officials. While the CBC is bipartisan, there remain questions about the propriety of the appearance.
The Obama Administration is facing another challenge to the national health care law. With over half of the states opposing the law in the federal courts, including the pending case before the Supreme Court, the University of Notre Dame, the Archdiocese of New York and 41 other Roman Catholic institutions have sued over the requirement that employers cover contraception in workers’ health plans.
We have been following the outrageously abusive fines being imposed on citizens for downloading and sharing songs — obscenely large fines allowed by Congress under laws written by lobbyists for the music and movie industries. Law firms have been targeting even people who try to inform citizens of their rights. Now, in one of the most abusive cases involving a former Boston university student, the Supreme Court has refused to review a $675,000 fine against Joel Tenenbaum, 28, for downloading and sharing 30 songs. Despite the general condemnation of these actions, Congress is cowed by pressure from the industry lobby. The most abusive litigation is directed by the Recording Industry Association of America.