Groundbreaking US Supreme Court decision on the Tenth Amendment

Yesterday the U.S. Supreme Court issued one of the best and most important decisions ever on federalism.  The Court unanimously held that not just states but individuals have standing to challenge federal laws as violations of state sovereignty under the 10th Amendment. This decision is as radical in the direction of liberty as the New Deal was radical in the direction of socialism. Click here to read the decision.

In short, freedom advocates like us just got a green light from the USSC to bring more cases under the 10th Amendment. This will have huge—positive—implications for freedom so long as the current constitution of the court holds 

Here is our favorite passage:  “Federalism secures the freedom of the individual. It allows States to respond, through the enactment of positive law, to the initiative of those who seek a voice in shaping the destiny of their own times without having to rely solely upon the political processes that control a remote central power.” We will put this precedent to work immediately when we file our opening brief in the Obamacare lawsuit Monday, and also in our defense of Save Our Secret Ballot against the NLRB challenge, and many more cases to come.  Darcy Olsen, President & CEO - Goldwater Institute.org - Click To Read More...

Court unlikely to hear Obama healthcare law now

 The Supreme Court will likely reject a request to speed up a ruling on President Barack Obama's healthcare overhaul law, legal and financial analysts said.

The justices on Friday are scheduled to consider Virginia's request seeking to bypass the normal appeals process for a quicker ruling on the constitutionality of the law, which has been Obama's signature domestic accomplishment and has provoked a fierce political battle.

The analysts said such requests are rarely granted and the Supreme Court would likely allow the sweeping law to be considered first by the appeals court under the usual process. - Reuters

Virginia To Go To Supreme Court ASAP On Obamacare

Virginia Attorney General Ken Cuccinelli II (R) announced Thursday that he will seek immediate review by the U.S. Supreme Court of the state's constitutional challenge to the federal health-care overhaul, a rare legal request to bypass the appellate court and ask for early intervention from the nation's highest court.  Rosalind S. Helderman - Washington Post

Now it begins, the United States government vs. the State governments.

Currently State governments are expending enormous amounts of resources to prepare to implement Obamacare when in the end it will be declared unconstitutional.

Kagan's world

Jeff Sessions in explaining his opposition the Elena Kagan's nomination to the Supreme Court goes beyond her disregard for the military and lack of experience and speaks of the spin, and what we saw as  clever spin, in her testimony.  Kagan's glib comments in response to serious constitutional questions speaks volumes in explaining her academic and personal background. In Kagan's flawed patrician world she is above the law.

Elena Kagan, Supreme Court Nominee: Who Is She?

Elena Kagan's Supreme Court nomination marks the culmination of an illustrious career in both academia and government. Before serving as the Solicitor General of the United States in her current capacity, Kagan held a number of high-profile positions, most notably, within the Clinton Administration and subsequently as Dean of Harvard Law School.

Huffington Post

DSMW - We will be covering Elena Kagan's nomination to the Supreme Court.  This is the first in a series of articles on her life.

Obama’s Next Justice

The judicial confirmation process is in many respects a theater of the absurd. Both supporters and opponents of nominees have an incentive to distort legal writings and records, as the nominees themselves obfuscate and dodge in an effort to avoid a “gotcha” moment.

National Review

Still Hope for Halting Heathcare Entitlement

By Gregory M. Williams 

Shared by Chris Ingram - Irreverent View

This little thing called the Constitution may stop Obamacare in its tracks

The House has now joined the Senate to pass H.R. 3590, unconstitutional legislation to forcibly impose socialized health care upon the American people against their wishes.  The bill now awaits President Obama’s signature to become law. 

Click to read more ...

Obama Owes the High Court an Apology

Obama ambushed six members of the judiciary and called upon the legislative branch to deride them publicly in his State of the Union speech; moreover it is incumbent upon on him to be legally accurate and responsible in his commentary.  He was not.

Randy Barnett points out they were there as a courtesy to Obama