Senator Martha McSally (R - Arizona) has broadly proven herself a stalwart ally of conservatives, libertarians…
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Sen. McSally Must Avoid the Trap of Counterproductive Prescription Drug Legislation

Senator Martha McSally (R - Arizona) has broadly proven herself a stalwart ally of conservatives, libertarians and the Trump Administration in her brief tenure on Capitol Hill.  A former U.S. Air Force A-10 pilot, her votes have confirmed President Trump's phenomenal array of judicial nominees and advanced his economic agenda to bring us arguably the greatest economic conditions in history.

She must be careful, however, to avoid potentially catastrophic missteps on the issue of healthcare and prescription drugs.

Specifically, Sen. McSally has introduced legislation and supported other Senate Finance Committee proposals that would introduce drug price controls from socialist foreign healthcare systems to the U.S., empower the Department of Health and Human  Services (HHS) to directly…[more]

February 26, 2020 • 10:33 am

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31 Liberal Opponents of Free Speech Suffer Another Humiliating Supreme Court Defeat

Imagine the following harrowing scenario.  In the predawn hours one morning, you and your family are jarred from your sleep by a deafening pounding at your front door.  Naturally disoriented, you peer out your window to the bewildering sight of multiple police vehicles, blinding lights flashing, with your neighbors gawking from their doorsteps…

32 No, "Stop and Frisk" Isn't Unconstitutional

In alarming news this week, the Federal Bureau of Investigation (FBI) announced that murders in the United States soared an astonishing 10.8% just last year.  That same day, "stop and frisk" and similar police techniques achieved sudden prominence after Donald Trump and Hillary Clinton clashed during their first debate.  To her…

33 Another Judicial Setback for Obama, IRS

Leveraging federal authorities like the Internal Revenue Service (IRS) to persecute political opponents stands among the most grave abuses that officials can commit, as Richard Nixon learned the hard way four decades ago.  This month, an Obama Administration and IRS attempt to evade legal reckoning for their own admitted abuses suffered a stinging…

34 Hillarygate: FBI Director's Factual Conclusions Match Applicable Federal Statute

Did Hillary Clinton violate federal law by using an unsecured personal email system as Secretary of State?  That question generated intense commentary this week.  Because of the inherent political implications, however, most commentaries unfortunately generated more heat than light.  It's therefore worth highlighting the applicable…

35 The Fraud Goes On

Last week the Supreme Court of the United States voted that President Obama exceeded his authority when he granted exemptions from the immigration laws passed by Congress. But the Supreme Court also exceeded its own authority by granting the University of Texas an exemption from the Constitution's requirement of "equal protection of the laws,&…

36 Democrats: We Will Overcome the Constitution

Nothing stirs the passions of Democrats these days quite like the prospect of gutting the Constitution. In an unprecedented act of pretend political bravery, House members held a catered sit-in, demanding that Republicans allow a vote to strip away protections of Second, Fifth and Sixth Amendments of the Constitution. It was quite the scene. There…

37 Climate Alarmists Finding Themselves on the Other End of Judicial System

Throughout my legal career, I've always favored what is known as the "English Rule," meaning that losing litigants should generally be required to pay the winning parties' fees and costs.  Under our current "American Rule," in contrast, each side generally pays its own fees and costs, win or lose.  That has always struck…

38 The Liberal Case Against Peter Thiel is the Worst Kind of Hypocrisy

We recently discovered that Peter Thiel, the libertarian billionaire co-founder of PayPal and early investor in Facebook, bankrolled wrestler Hulk Hogan's lawsuits against the blog network Gawker Media. Now, as someone who considers himself a near-absolutist on free speech, I'm open to hearing arguments for why we need tort reform in these sorts of…

39 Two More Legal Victories for Second Amendment

This week, two high-profile political events refocused Americans' attention on the judicial branch.  Also this week, two new legal victories for Second Amendment rights remind us why it matters.  First, Donald Trump released his much-anticipated list of potential U.S. Supreme Court nominees, which conservative and libertarian judicial observers…

40 Court Halts Liberal Campaign to Intimidate Conservative Donors

Throughout American history, our First Amendment freedoms of speech and association have frequently demanded the security of anonymity.  Without that protective anonymity, Americans seeking to bring about political change or introduce politically incorrect opinions into the marketplace of ideas risk persecution by government officials or public…

41 Federal Court Humiliates IRS in Conservative Groups' Lawsuit

Americans outraged by Obama Administration and Internal Revenue Service (IRS) efforts to target and persecute conservative organizations just received a spring gift from the Sixth Circuit Court of Appeals.  By way of refresher, thousands of private organizations each year - charities, churches, political organizations, schools and other groups…

42 Supreme Court Vacancy: Follow the (Original) Obama-Biden-Reid Rule

In May 2005, Senator Harry Reid (D - Nevada) unequivocally renounced any Senate obligation to even vote on President George W. Bush's nominations, let alone confirm them, even though he had won reelection just months earlier:   "The duties of the Senate are set forth in the U.S. Constitution.  Nowhere in that document does it say…

43 With a Court Ruling Unlikely, States Still Hold the Key to Checking Union Power

Justice Antonin Scalia’s death last month was a terrible loss for the U.S. Supreme Court and for the country. Scalia was one of the sharpest minds ever to sit on the High Court. And he was one of three reliably originalist votes on the court (the other two being Clarence Thomas and Samuel Alito). His replacement, whomever it may be, will pale…

44 Republicans Shouldn't Fear a SCOTUS Fight

Republicans need to ask themselves a couple of questions before they battle over Barack Obama's eventual nominee to replace Justice Antonin Scalia on the Supreme Court. Is there any good reason to allow this president to change the ideological composition the Supreme Court radically? What is the political downside of denying him? For one thing, despite…

45 Constitutional Text and History Favor Senate Republicans on Scalia Vacancy, Not Obama

"The President ... shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court...."  —United States Constitution, Article II, Section 2, Clause 2 In the deepening partisan dispute over the U.S. Supreme Court vacancy following Justice…

46 Democrats' Big Lie About the Supreme Court

Democrats are giddy over the prospect of President Obama replacing conservative Justice Antonin Scalia with a liberal. But Republicans are equally adamant about blocking Obama's lame-duck appointment. "This vacancy should not be filled until we have a new president," says Senate Majority Leader Mitch McConnell. It's rare that a president…

47 Federal Court Deals Obama Administration Another Humiliating Defeat

This was an embarrassing week for the Obama Administration on two separate but interrelated fronts.   In Mexico, a powerful weapon capable of taking down a helicopter, which was obtained through Obama's "Operation Fast and Furious" debacle, was discovered in the cache of Mexico's notorious drug kingpin and prison escapee Joaquin "…

48 A First Amendment Reckoning for Teachers Unions

If the First Amendment’s guarantee of freedom of association means anything at all, it should mean the freedom not to associate. If we respect freedom of speech, Americans should reject any compulsion whatsoever in political speech. And if the government is going to force you to do something, it better have an awfully good reason for it. Freedom…

49 Political Earthquake Ahead

Bush v. Gore decided a single election. But the case heard by the Supreme Court on Monday could impact elections for many years. The Justices' remarks during arguments in Friedrichs v. California Teachers Association point to a major setback looming for public unions. The Court will likely rule that teachers and other unionized public workers don't…

50 'Messing With the Constitution'

In recent years, a small but growing number of people have advocated a convention of states to propose amendments to the Constitution of the United States. The reaction to the proposal has been hostile, out of all proportion to either the originality or the danger of such a convention. The political left has been especially vehement in its denunciations…

51 New Court Defeat for Obama Means Win for Redskins, Free Speech and Intellectual Property Rights

Whatever the Washington Redskins' fortunes in the NFL playoffs that kick off this week, they've already enjoyed a notable judicial victory beyond the playing field.  The ruling also constitutes a victory for free speech and intellectual property (IP) rights, but yet another embarrassing judicial defeat for the Obama Administration on one of Barack…

52 George Will Encourages Judicial Tyranny Through "Substantive Due Process"

An excessively deferential judiciary constitutes a threat to liberty.  But so does an excessively aggressive judiciary.  Unfortunately, George Will, perhaps the leading beacon of conservative thought, performs a disservice in advocating the latter in his ongoing effort to rehabilitate the discredited judicial concept of "substantive…

53 Attacking the Truth

Among the many sad signs of our time are the current political and media attacks on Supreme Court Justice Antonin Scalia, for speaking the plain truth on a subject where lies have been the norm for years. The case before the High Court is whether the use of race as a basis for admitting students to the University of Texas at Austin is a violation…

54 Government Endorses Discrimination for “Diversity’s” Sake

Next week, the U.S. Supreme Court is scheduled to hear oral arguments in Fisher v. University of Texas, which once again puts race-conscious college admissions to the constitutional test. With the rationale for racial discrimination dwindling — and understand, discrimination is precisely what the University of Texas has been engaging in &mdash…

55 Courts Hand Obama Administration Two New Judicial Defeats

In 2008, Barack Obama felt the need to reassure skeptical American voters that he would not behave irresponsibly or unilaterally.  He would therefore refrain, he promised, from what he characterized as the abusive practice of circumventing the legislative branch by issuing executive orders:  "I taught constitutional law for ten years…

56 The Fuel to America's Fire of Innovation and Prosperity

In an excellent new piece entitled "The U.S. of Awesome:  Yep, America Still Leads the World in Innovation and Economic Dynamism," James Pethokoukis of the American Enterprise Institute (AEI) highlights how, despite our own regulatory and tax headwinds in the Era of Obama, America continues to outpace the more sclerotic socialist economies…

57 Justice Breyer: American Judges Should Internationalize

Here's an odd, recurring and conspicuous contradiction.  The political left ceaselessly preens its fealty to gauzy multiculturalism, ostentatiously maligning Western, European, Judeo-Christian, ODWM (Old, Dead, White Male) culture in fits of self-flagellation.  Yet whenever it endeavors to uproot American norms it finds objectionable, the…

58 Obama Administration Suffers "Significant Defeat" in Court

This week, a federal judge in Washington, D.C. issued what even The New York Times acknowledged constitutes "a significant defeat for the Obama Administration."  Although liberal partisans immediately struggled to minimize its importance, the Times characterized the ruling as one "that poses a new legal threat to the health care…

59 Execrable ObamaCare Ruling Offers Important Corrective for Conservatives and Libertarians

This week, Chief Justice John Roberts and Justice Anthony Kennedy paradoxically discredited a Supreme Court whose legacy and popular standing they appear so desperate to sustain.  In King v. Burwell, they joined the Court's four leftists in preserving federal ObamaCare subsidies despite the law's plain text that only states opting to participate…

60 Second Amendment: Constitutional Rights Shouldn't Be Subject to "Good Cause" Government Approval

Can government officials require American citizens "to demonstrate and elaborate good cause" and "provide supporting documentation" before exercising, say, our First Amendment right to free speech or religious practice?  How about our Fourth Amendment protection against unreasonable searches and seizures?  Or our Fifth…

 
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Question of the Week   
Which one of the following U.S. Presidents served the shortest term in office?
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"House Republicans have found evidence that Russia Special Counsel Robert Mueller's team may have misled the courts and Congress and are considering making criminal referrals asking the Justice Department to investigate those prosecutors, a key lawmaker says.Rep. Devin Nunes, R-Calif., the former chairman of the House Intelligence Committee, told Just the News that his team has been scouring recent…[more]
 
 
—John Solomon, Just the News Editor in Chief
— John Solomon, Just the News Editor in Chief
 
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Are the increasingly acrimonious Democratic Presidential debates and campaigns helping, hurting or having little effect on President Trump's re-election chances?