Category Archives: Courts

Why the D.C. Court of Appeals was right

Jonathan Adler and Michael Cannon probe for the Wall Street Journal this week’s D.C. Court of Appeals ruling in the Halbig v. Burwell case targeting Obamacare subsidies. At its heart, though, Halbig is not just about ObamaCare. It is about determining whether the president, like an autocrat, can levy taxes on his own authority. TheContinue Reading

Prepare for another Obamacare legal battle

We’ll have to wait — probably for U.S. Supreme Court action — before we learn how the courtroom clash over Obamacare subsidies will be resolved. Meanwhile, the Washington Examiner‘s Susan Ferrechio previews the next potential legal battle involving the Affordable Care Act. The U.S. Court of Appeals for the Eleventh Circuit on Monday scheduled oralContinue Reading

Halbig reaction — Left untethered by basic facts again

Looks like another disinformation campaign is underway in reaction to court ruling unfavorable to Obamacare. This one regards the Halbig ruling that Obamacare subsidies shall be distributed only to individual market exchange consumers living in states that have set up their own health insurance exchanges. As The News & Observer editorialized this morning, The judges’Continue Reading

New Carolina Journal Online features

Dan Way reports for Carolina Journal Online that conflicting appellate rulings will likely lead to U.S. Supreme Court action in lawsuits challenging Obamacare subsidies. John Hood’s Daily Journal focuses on Carolina Journal‘s plans for covering the 2014 election season.

New Carolina Journal Online features

Michael Lowrey reports for Carolina Journal Online about a recent N.C. Court of Appeals opinion that blocks police officers from extending traffic stops indefinitely. Jon Ham’s Daily Journal questions journalists’ reliance on press releases.

Heritage legal experts highlight the importance of judicial appointments

Hans von Spakovsky and Elizabeth Slattery of the Heritage Foundation remind Daily Signal readers about one of the most important roles a president plays in our political process: appointing federal judges. Because so few cases reach the Supreme Court, the almost 200 judges on the U.S. courts of appeals are usually the final arbiters ofContinue Reading

Leef tackles the ‘living Constitution’ argument in his latest Forbes column

George Leef explores for Forbes readers the history of the constitutional argument in favor of a “living Constitution.” The “living Constitution” theory amounts to saying that Supreme Court justices should be allowed to rewrite the foundation of our government as they see fit, sometimes adding ideas that weren’t included, sometimes ignoring ideas that were. Mostly,Continue Reading

New N.C. Court of Appeals opinions

Among the latest batch of opinions released from the N.C. Court of Appeals this morning: A unanimous three-judge panel ruled in favor of Canton in a dispute over its ownership of the 110-acre Camp Hope property. A unanimous three-judge panel vacated a lower court’s ruling in a building dispute involving the Nags Head Board ofContinue Reading