Well, Congress still beats out intestinal blockages in popularity. The latest Gallup monthly survey shows that Congress is now only viewed favorable by 13 percent of American. Other polls show it as 9 percent. This makes it less popular (as shown in the chart in the article below) than Hugo Chavez and communism taking over the United States. Hell, even Paris Hilton is more popular than Congress.
Continue reading “Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover”
Category: Congress
One of the most interesting aspects of the litigation over health care has been the Obama Administration’s push for review in the Supreme Court. Rather than slow walking the case, the Administration facilitated a review that will result in a ruling before the election. As on many other decisions by this White House, the political calculation seems counterintuitive. I have said in interviews that I do not know which will be worse politically: for the Administration to lose before the Court or to win. Now a poll suggests it might be the latter. Gallop found this week that 47 percent of Americans want to see the law repealed. Only 43 percent favor the law. Fifty-six percent still prefer the use of private insurance over a federal insurance program. This poll joins the sobering fact that a majority of states are now in court in an unprecedented opposition to the federal law. Regardless of how you feel about health care, this is not how you pass a major new program and is the result of the decision by the White House and Democratic leaders to muscle through this vote on the thinnest of margins.
Continue reading “How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law”
This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.
Continue reading “Cert Granted: Supreme Court Accepts Health Care Challenge”
Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger
Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate. The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia. It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading “Conservative Take on Obamacare”
Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
Continue reading “How Much Privacy Do You Expect? The Death of Privacy In America”
As discussed in a prior column, many civil libertarians view President Barack Obama as betraying core civil liberties in expanding on Bush-era surveillance programs, secrecy orders, and other measures. Now, even conservative justices are questioning the Administration’s demand to be able to engage in round-the-clock surveillance of citizens without a warrant using GPS technology. The sweeping new claim would gut the protections of the Fourth Amendment in the latest attack on civil liberties by Barack Obama.
Continue reading “Obama Administration Argues For “Orwellian” New Powers To Track U.S. Citizens”
Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.
Continue reading “The Right of Citizens To Videotape Police”
Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
A milestone passed by most of us this past week. It seems that the Patriot Act birthday cake added a 10th candle this week and there was no party! The infamous Patriot Act turned 10 this week and a decade of attacks on our personal liberties went unnoticed by our Main Stream media. You can probably remember that the act passed with little opposition in the House and with only 1 member of the Senate in opposition. Continue reading “A Decade of Misplaced Patriotism”
We have previously discussed how leaders in both the United States and Europe have focused on atheists and secularists as one of the greatest threats facing the free world. Rep. Trent Franks (R-Ariz.) seemed to take this to a new level in arguing this week that if the nation did not reaffirm “In God We Trust” as our national motto, we are inviting anarchy and accepting that we are nothing but “worm food.”
Continue reading “Is “In God We Trust” The Only Thing Standing Between Us and Anarchy?”
The newly announced stimulus effort to help students has been denounced as an election year ploy that, as discussed in the below article, would result in less than $10 a month in savings for the average student. The question is whether such a use of executive power is constitutional given the conflict with prior legislation.
Continue reading “The Obama Tuition Stimulus: Will Students Get A Sawbuck While The Constitution Get The Shaft?”
When former Rep. Steven Driehaus lost his seat in Ohio’s 1st Congressional District, he prepared more than a concession speech. He prepared a lawsuit. Driehaus blames his defeat on what he says were misrepresentations by the Susan B. Anthony List, a group that supports pro-life candidates for Congress. Continue reading “Pro-Life or Pro-Libel: Former Dem Congressman Sues Susan B. Anthony List For “Loss of Livelihood” After Defeat”
Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
Continue reading “ICE Balls: Federal Agents Announce “We Don’t Need a Warrant, We’re ICE””
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure. It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months. I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. Continue reading “The Unholy Marriage Between the CIA and NYPD”
Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
Continue reading “Federal Judge Dismisses War Powers Challenge By Members of Congress”
There is an interesting controversy in Washington where Stanley Thornton Jr., aka “Adult Baby,” has demanded an apology from Sen. Tom Coburn, who Thorton says effectively accused him of fraud when Coburn called for the Social Security Administration to review his qualification for benefits. Thornton was featured on the National Geographic channel reality television show “Taboo.” Thorton lives part of his life as an “adult baby” and collects Social Security disability payments.