Constitutional Law (page 103)

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    In case you missed it …

    News 14 Carolina asked the John Locke Foundation to assess the North Carolina impact of this week’s ruling in an Arizona case involving taxpayer-financed election campaigns.
    Mitch Kokai, June 30, 2011
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    Want to prop up a terrible law? Use an awful precedent

    In a split 2-1 decision, the Sixth U.S. Circuit Court of Appeals has upheld ObamaCare’s individual mandate, using Wickard v. Filburn to buttress its decision. Why is this significant? The Filburn case is one of the worst decisions the U.S. Supreme Court ever handed down. We’ve…
    Mitch Kokai, June 29, 2011
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    Barone dissects Ginsburg’s dissent in the Walmart sex discrimination case

    Michael Barone's latest Washington Examiner article explores U.S. Supreme Court Justice Ruth Bader Ginsburg's approach to the Walmart sex discrimination lawsuit. The high court's majority rejected the suit, but Ginsburg's dissent troubles Barone. There was no disagreement that Walmart's management practices are "a system of delegated discretion." Walmart store managers, as Justice Antonin Scalia explained in his majority opinion, have considerable discretion in deciding whom to hire and whom to promote. The company, which employs some 1.4 million people in this country, is proud that it tends to promote from within, and it evidently holds its managers responsible for results that it famously monitors extremely closely. It is hardly necessary to add that this formula has been successful. Walmart is enormously profitable. And I don't think I'm the only one who has found Walmart greeters and salespeople to be friendly and helpful every time I've shopped there. But this is not a fair way to run a business, Ginsburg said, because women hold 70 percent of the company's hourly jobs but only 33 percent of its management positions. Women are paid less on average than men in every region, and the salary gap between men and women widens over the years. All of which provides, Ginsburg concluded, an "inference of discrimination." The fact that many women these days freely choose less demanding work in return for more family and free time surely couldn't have anything to do with it.
    Mitch Kokai, June 29, 2011
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    Supreme Court Rules in Favor of Violent Video Games

    Yesterday, in a 7-2 decision, the nation’s highest court overruled a California law that prohibited the sale of violent video games to minors. Some conservatives, including a dissenting Justice Thomas, argue that this puts more pressure on parents to limit the games their kids play. However, proponents of the Supreme…
    Jonathan W. Martin, June 28, 2011
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    Justice Kagan: Judicial Activist

    If there was any doubt whether Supreme Court Justice Kagan was going to be a judicial activist, that question was answered in her dissent in the taxpayer financing of campaigns/matching funds case, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett. At the start of her dissent, she writes…
    Daren Bakst, June 28, 2011
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    Supreme Court: NC-Type Public Financing of Campaigns is Unconstitutional

    As predicted, the United States Supreme Court has struck down public campaign financing programs similar to North Carolina’s judicial public financing program. In the 5-4 decision (PDF), the Court confirmed that matching fund provisions are unconstitutional. The case shouldn’t have been close.  Regardless, this puts…
    Daren Bakst, June 27, 2011
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    A writer who needs a good dose of the JLF Citizen’s Constitutional Workshop

    The latest TIME cover story asks about the U.S. Constitution: “Does it still matter?” It’s an important question, but the magazine’s readers are saddled with a guide in Richard Stengel who misses some key points. For example, here’s his initial defense of big government: If the…
    Mitch Kokai, June 27, 2011
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    Compensating NC Eugenics Victims

    Today in the WSJ, our very own Daren Bakst is cited discussing how NC needs quick action in compensating those sterilized under the NC program and how his policy report on the NC eugenics movement will be released shortly. The Governor’s Task Force to Determine the Method of…
    Adam Barrett, June 20, 2011