Below is my column today in the Los Angeles Times on a little discussed case that presents a far greater threat to Obamacare than did Hobby Lobby. The Hobby Lobby case is a huge blow for the Administration in terms of one of the most prominent provisions of the Act and recognizing religious rights for corporations. However, it is more of a fender bender for the ACA. Halbig could be a train wreck of a case if it goes against the Administration. We are expecting a ruling any day and the panel is interesting: Judges Harry T. Edwards (a Carter appointee), Thomas B. Griffith (a George W. Bush appointee), and A. Raymond Randolph (a George H.W. Bush appointee). In oral argument, Edwards was reportedly highly supportive of the Administration’s argument while Randolph was very skeptical. That leaves Griffith. It could go 2-1 either way, though in my view the interpretive edge goes to the challengers for the reasons discussed below. This case however is largely a statutory interpretation case, though it has the same separation of powers allegations of executive overreach that we have seen in other recent cases.
Category: Politics
The Supreme Court finished its term with its usual dramatic flair with the release of the long-waited decision in Sebelius v. Hobby Lobby Stores (which is consolidated with Conestoga Wood Specialties Corp. v. Sebelius). The two cases represent a classic split in the circuits with the Tenth Circuit agreeing with Hobby Lobby as to the religious claims of the company while the Third Circuit ruled against such claims by Conestoga Wood Specialities Corp. The Court ruled that the Hobby Lobby does have religious rights, but limited the decision to closely-held corporations. Where Citizen’s United recognized that corporations have free speech rights like individuals, Hobby Lobby would do the same thing for religious rights. I will be running a column in the Los Angeles Times in the morning not just addressing this ruling but, once again, highlighting what I consider a far more important case that will be decided just a couple blocks away in the D.C. Circuit — Halbig v. Sebelius. I will be discussing the decisions today at CNN starting at 10 am and continuing to the discussion at 1 pm with Wolf Blitzer.
Continue reading “Supreme Court Rules For Hobby Lobby In Major Blow To Obama Administration”
Today’s ruling in Hobby Lobby is the type of decision that tends to suck the oxygen out of the room. For that reason, the important decision in Harris v. Quinn could be overlooked. At issue in the case is the viability of Abood v. Detroit Board of Education— the 1977 opinion held that the government could constitutionally condition a person’s employment in the public sector on the paying fees to a union. As I mentioned on CNN last night, this is a major decision that is being pushed from the coverage but deserves more attention. As anticipated, Justice Alito wrote the decision and ruled against the union.
Continue reading “Harris v. Quinn: The “Other” Supreme Court Decision Today”
Below is my column in the Sunday Washington Post on separation of powers — authored with United States Senator Ron Johnson (R, Wis.). As the piece states, Johnson and I come from sharply different political perspectives, though the most surprising aspect of this collaboration is that he is a Packers fan and I am a Bears fan. We decided to write a piece together to try to seek a nonpartisan response to the rapidly expanding executive power in our system — and the corresponding decline of legislative power. We have been discussing this worrisome shift within our system and the lack of any collective institutional identity, let alone action, from members. We thought, if we could show the common ground in these concerns, it might encourage other members to reach across the aisle in the interests of their institution.
By Mark Esposito, Weekend Guy
Ahmed Abu Khatallah’s boat docked yesterday and the reputed Benghazi attacks mastermind was met with a contingent of U.S. Marshals, Navy security and a phalanx of Justice Department types all eager to hear his gilded version of events and to usher him to a US federal courtroom near the White House where the processes of the US justice system could start slowly grinding now in earnest. He pled not guilty for anyone interested. Before his arrival, however, a cacophony of Republican lawmakers decided to weigh in on his treatment aboard the trans-Atlantic cruise ship, the USS New York, provided by the Navy.
As many know, Abu Khatallah was captured in a clandestine operation conducted by US special ops aided by shadowy figures from both inside and out of the Libyan power structure who lured him to a villa where US forces made the arrest. Abu Khattallah, designated by the State Department as a global terrorist, was regarded as a prime suspect due to his affiliation with a group he helped to found and known as the Ansar al-Sharia. A fundamentalist militia group that rose to power after the fall of Gaddafi, it has claimed responsibility for the attack against the U.S. Embassy and American school in Tunis, leading the Tunisian government to declare it a terrorist organization. The group has been implicated in attacks against Tunisian security forces, assassinations of Tunisian political figures, and attempted suicide bombings of locations that tourists frequent. Not exactly the kind of guys you bring home to dinner.
Abu Khatallah’s capture was coup for an administration looking to change the dialog on the Benghazi attack which left four Americans dead including US ambassador J. Christopher Stevens. Criticized for everything from the response (or lack thereof) to the attack by US security forces as well as even the characterization of the attack itself, the administration has been attempting to change the narrative since 2012. In his new book, Blood Feud, excerpted by the New York Post, author Edward Klein claims President Obama pressured then Sect’y of State Hillary Clinton to issue a release stating the attack was a spontaneous uprising relating to an obscure internet video criticizing Islam. Knowing the attack coincided with the anniversary of the 2001 attacks on US soil, Clinton bristled. According to Klein, Clinton said, “Mr. President, that story isn’t credible. Among other things, it ignores the fact that the attack occurred on 9/11.” But the president was adamant. He said, ‘Hillary, I need you to put out a State Department release as soon as possible.” Continue reading “Why Do The Republicans Love to Hate Miranda?”
Submitted by Elaine Magliaro, Weekend Contributor
Frank Dean Lucas, a Republican, is the U.S. Representative for Oklahoma’s 3rd congressional district. Prior to representing the 3rd district, he served the 6th district from 1994 to 2003. Lucas currently chairs the House Committee on Agriculture. He also serves on the House Committee on Financial Services and the House Committee on Science, Space and Technology. Last Tuesday, Rep. Lucas won his Republican primary easily—garnering more than 80% of the vote. His primary opponent Timothy Ray Murray—who received only 5.2% of the vote—is planning to contest the election. Murray’s reason for contesting the election: He claims that Lucas was executed three years ago by the World Court and that the Congressman has been replaced by a body double. Murray even suggested on his campaign website that the “Frank Lucas” who bested him in the primary might be an artificial look alike or a man-made replacement.
In a press release posted on his website, Murray wrote, “The election for U.S. House for Oklahoma’s 3rd District will be contested by the Candidate, Timothy Ray Murray. I will be stating that his votes are switched with Rep. Lucas votes, because it is widely known Rep. Frank D. Lucas is no longer alive and has been displayed by a look alike.”
By Darren Smith, Weekend Contributor
We have discussed the plight of Meriam Ibrahim who endured a trial and subsequent death sentence imposed in a Sudan sharia court alleging apostasy and adultery. A Christian woman, she was considered formerly to be Muslim by virtue of her father’s religion though raised by her mother in an Orthodox faith. Having married her husband, a Christian man with American citizenship, triggered the charges. Previous discussion can be read HERE and HERE.
After an international outrage over her arrest and conviction, an appeals court struck down the convictions and released her, and a child born to her while in prison.
As she was preparing to leave Sudan, Meriam again faced the authorities at an airport alleging she had false documentation allowing her departure from Sudan. Once again arrested, she has since been released and has taken refuge in the American Embassy in Khartoum. Yet it seems her ordeal will not be over.
As both Iraq and Afghanistan meltdown after spending $4 trillion and losing thousands of lives, the Obama Administration wants to pour $500 million into training and equipping the Syrian rebels. Ignore the fact that the Syrian rebels have been accused of human rights violations and atrocities (as has the regime). The government insists that U.S. weapons and money will go to the “right” forces — just ignore all those pictures of ISIS rebels driving around with U.S. equipment in Iraq.
Continue reading “White House Seeks Half A Billion Dollars To Train Syrian Rebels”
Justice Minister Mohammed Al-Eissa gave the world a chilling lesson on the blind faith that underlies the medieval Sharia system imposed by Saudi Arabia and other Muslim countries. Al-Eissa warned that questioning the Sharia system was akin to questioning God and “Any attack on the judiciary will be considered an attack on the Kingdom’s sovereignty.” That certainly simplifies things. Most people harbor a notion that they can criticize their legal system and call for reforms but Al-Eissa pointed out that their legal system comes from God and is therefore not subject to change on its most controversial parts. “Justice” will continue to be meted out in “Chop Chop Square” (Deera Square, right) in the name of Islam.
We have been discussing the rather fascinating role of wealth in American politics rather Hillary Clinton’s repeated flubs in claiming to be “dead broke” after leaving the White House and struggling like other Americans to cover tuition and mortgage costs (here and here and here). Despite the fact that most of our leading candidates are fantastically rich, they still feel the need to show voters that they feel their pain. With the Clintons, the new pitch feel flat with even usually favorable media outlets mocking Hillary over her statements. Now Bill Clinton has tried his hand at reviving the new narrative of a working couple done good. Bill Clinton has insisted that the claim of being broke is “factually true” since they had legal debts. However, everyone in Washington knows that these debts to Democratic law firms is funny money and that these firms would have closed shop rather than pursue the Clintons for payment. The debts, as is always the case, was quickly paid off by Clinton supporters, lobbyists, and others interested in helping the powerful couple. It was debt on paper alone and both Clintons were looking at massive windfalls after leaving the White House. It comes down to the meaning of “debt” to paraphrase a certain president. In the meantime, Joe Biden has tried his hand at the “poorer than thou” pitch.
There are bad reviews and then there are bad reviews that push a nation to the brink of war. North Korea Supreme Leader Kim Jong-un clearly does not like “The Interview.” The movie about a talk show host and his producer killing Kim Jong-un seemed a bit too counterrevolutionary so the government has declared its release to be an act of war and threatened a “merciless” response.
Continue reading “Bad Review: North Korea Threatens War If Movie Is Released”
In a major (and increasingly rare) victory for privacy, the Supreme Court voted unanimously to require a warrant for police to search cellphones of arrested individuals. Chief Justice Roberts issued a consolidated opinion in two cases: Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212. The second case is another loss for the Obama Administration which fought to strip citizens of privacy over their cellphone records — a consistent attack on privacy by this Administration. The Supreme Court also issued a major ruling in favor of cable companies in American Broadcasting Companies, Inc. v. Aereo, Inc., a decision that may not sit well with the many citizens who despise these companies. I will be discussing these decision on CNN with Wolf Blitzer today.
Continue reading “Privacy Prevails: Supreme Court Unanimously Requires Warrant To Search Cellphones”
There is new research showing that neurotoxic pesticides are not just responsible for the catastrophic decline in the world’s bee collapse but are also devastating the world’s population of butterflies, worms, fish and birds. The four-year assessment was carried out by The Task Force on Systemic Pesticides, which advises the International Union for Conservation of Nature has found that neonics are “imperilling the pollinators, habitat engineers and natural pest controllers at the heart of a functioning ecosystem.” It is simply beyond belief that these pesticides have caused such worldwide damage but, due to the powerful pesticide and agribusiness lobby, there has been no serious regulation to curtail the use of these products.
Hillary Clinton clearly a highly intelligent person and also someone who closely follows scripted lines as part of “message discipline” that is the signature of major politicians. It is for that reason that I fail to understand how she can get herself even deeper into her earlier gaffe on being “dead broke” after leaving the White House. Clinton clearly wants to be portrayed as a working stiff and connect to millions of struggling Americans. However, it is falling as flat as Forbes tax rate. As we discussed, leading nonpartisan groups have derided the claim as untrue. What is interesting is that the mainstream media moved quickly past the comment. Now even mainstream outlets like ABC and CNN and Washington Post are shredding Clinton over her most recent comment that average people do not view her as part of the problem of the super rich and that “unlike a lot of people who are truly well off” she and Bill made their tens of millions from the “dint of hard work.”
Continue reading “Clinton Mocked Over Renewed Comments On Her Identification With Working Folk”
Associate Justice Antonin Scalia eked out a victory against the Environmental Protection Agency in a 5-4 opinion today limiting the EPA’s ability to regulate greenhouse gases. However, the decision however does not prevent the EPA from using other means to regulate the pollutants linked to global warming. Specifically the vote means that the Clean Air Act does not allow for the EPA require a point source to obtain a PSD or Title 5 permit. The vote was a straight ideological division with Justice Anthony Kennedy joining his conservative colleagues in the majority. The majority held that “A brief review of the relevant statutory provisions leaves no doubt that the PSD program and Title V are designed to apply to, and cannot rationally be extended beyond, a relative handful of large sources capable of shouldering heavy substantive and procedural burdens.” Utility Air Regulatory Group v. Environmental Protection Agency is the lead case of six cases on the regulation of greenhouse gases.
Continue reading “Supreme Court Limits EPA Authority In Regulation Of Greenhouse Gases”