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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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
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91 Gun Debate: U.S. Murder Rate Actually Low Worldwide

Joe Biden suggested this week that the Obama Administration can simply bypass the democratic process and impose new federal gun regulations.  This is the same man who, during debate with Sarah Palin in 2008, incorrectly referred to Article I as the source of executive branch power under the Constitution.  Americans can rest comfortably,…

92 The Constitutional and Historical Foundations of Copyright Protection

ALEXANDRIA, VA – The Center for Individual Freedom (“CFIF”) this week published a new policy paper entitled, “The Constitutional and Historical Foundations of Copyright Protection.”  The paper, authored by noted legal experts Paul Clement, Viet Dinh and Jeffrey Harris of the law firm Bancroft PLLC, is a detailed…

93 USDA’s “New Era of Civil Rights” Costing Taxpayers Billions

The latest billion-dollar giveaway for unproven discrimination at the United States Department of Agriculture was recently announced by Secretary Tom Vilsack.  The $1.33 billion settlement with Hispanic and women farmers is part of Vilsack’s “new era of civil rights” at USDA that is robbing taxpayers of their day in court. …

94 Obama’s Racialism Harms Heroic FDNY

The Daily Caller story this week on then-candidate Barack Obama making racially charged statements in 2007 should not be seen as an anomaly. Not just in words but in policies, the Obama administration has often pushed a racially charged agenda, sometimes quite obviously in contravention of the Constitution and federal civil rights laws. A prime example…

95 CFIF Scores Legal Victory Against Campaign Finance Regulations, Vindicating First Amendment

Imagine the following harrowing scenario.  You’re an ordinary citizen.  You live in an ordinary community, leading a relatively normal American life.  Perhaps you own a small business.  You struggle to stay afloat in a difficult economy made worse by adverse regulatory headwinds.  Lacking the spare thousands of dollars…

96 If ObamaCare Is a Tax, Did It Violate the Origination Clause?

This summer, five justices on the United States Supreme Court rewrote ObamaCare to say that its individual mandate to buy health insurance is a tax, not a penalty.  But if that’s true, it raises another constitutional question that the Court did not address.  Did the process of passing ObamaCare into law violate the Origination Clause…

97 AGs: States’ Sovereignty Advances Liberty

The Center for Individual Freedom’s “State Sovereignty Project” is being planted in soil already made fertile by resolute actions of conservative state attorneys general. The antiquated term of “states’ rights” doesn’t do justice to their efforts, because they really are defending the states&rsquo…

98 Medicare Case Challenges Bureaucratic Coercion

Governmental coercion, without benefit of due legal process, is just as wrong when used against an individual as when used against a state. A legal case about which I have written numerous times, regarding how the federal government is wrongfully conditioning earned Social Security benefits on the acceptance of unwanted Medicare benefits, has now…

99 Racialism in Obamaland

News on four fronts in one week give further evidence, as if any still were needed, that the Obama administration actively and fiercely acts from an ugly, racialist mindset. The first two developments are attitudinal; the other two, more serious in the long term, involve specific legal positions taken, or ducked, by Attorney General Eric Holder&rsquo…

100 Supreme Court: Diminished Standing

The extent of the damage from bad decisions can sometimes extend beyond the original, obvious victims. Such was the case in the wake of Chief Justice John Roberts’ supremely ill-considered decision allowing ObamaCare to be implemented as a “tax.” Lost in the shuffle, after the decision in NFIB v. Sebelius, was the Supreme Court&rsquo…

101 Real Danger of the UN’s Arms Trade Treaty Is in the Interpretation, Not the Text

Ever heard of transnational legal theory?  If the Obama Administration gets its way, the United Nations Arms Trade Treaty being negotiated in New York this month could become the kind of international legal document that transnational judges inside the United States will use to gut the Second Amendment.  One of the leading American lawyers…

102 John Roberts' Travesty, Point by Point

There is a good reason why not even most liberal commentators are applauding the actual legal reasoning Chief Justice John Roberts used to avoid striking down the ObamaCare law: The “reasoning” is thinner than unleavened bread, and crumbles to dust not just upon gentle handling, but merely under the weight of a piercing gaze. Let us count…

103 ObamaCare Takeaway: A Net Win Constitutionally

Years from now, here is the proposition for which law students will study this week’s Supreme Court ObamaCare decision:  Federal power is not unlimited under the commerce clause after all.  Granted, the United States Supreme Court engaged in a contortion worthy of Cirque de Soleil in upholding ObamaCare’s individual mandate as…

104 Obama Administration: Leak Vital Military Secrets, but Conceal Relevant “Fast & Furious” Documents

“Our son lost his life protecting this nation, and it is very disappointing that we are now faced with an administration that seems more concerned with protecting themselves rather than revealing the truth behind Operation Fast and Furious.”  ~Josephine Terry and Kent Terry, Sr.  The question is simple:  What is the Obama…

105 Notre Dame’s Gerard Bradley on Catholic-HHS Contraception Lawsuit

Monday, May 21, 2012, signaled a new round in the fight between Catholic institutions and the federal Department of Health and Human Services over HHS’s controversial contraception mandate.  In a coordinated effort, 43 separate Catholic entities – churches, hospitals, schools and other charities – filed lawsuits in every relevant…

106 For Voting Rights, Don’t Keep Section 5 Alive

In important court cases, it is the rarely the dissenting opinion that becomes a benchmark. In a case decided last Friday by the D.C. Circuit U.S. Court of Appeals, however, Judge Stephen Williams issued a tour de force of a dissent, explaining why the federal government should not (in effect) hold entire states guilty of racial discrimination without…

107 Why We Should Hate “Hate Crimes”

Hate may be a terrible sin, but is it really a crime? A horrible incident in Mobile, Alabama, April 21 earned well-intentioned pleas for it to be investigated as a “hate crime,” as did the now-infamous Trayvon Martin case in Florida and, unfortunately, a growing raft of allegedly race-motivated crimes. No matter whether the perpetrators…

108 Obama Racialism, Fired Up in Jacksonville

Corrupt Attorney General Eric Holder’s war on white people continues. In its latest installment, the Justice Department on Monday sued the city of Jacksonville, FL, to force the city to jettison the written promotion exams in its fire department. According to Holder and his leading racialist instigator, civil rights division chief Thomas Perez…

109 And Now, Miguel

Democrats may rue the day, now nine years ago, they violated the Constitution’s spirit by filibustering to kill the nomination of brilliant attorney Miguel Estrada for a federal appeals judgeship. Senate Republicans now have retained Estrada to plead their case against several “recess” appointments made by President Barack Obama…

110 Against Foreign Abuses in American Courts

The Legislature in Alabama, the home state of perhaps the single most prominent American-born jihadi, is poised to become the latest in a line of states outlawing the application of foreign laws in American courts if those laws violate American constitutional rights. The laws are desperately needed: Confused American trial court judges are surprisingly…

111 Overturning ObamaCare Wouldn’t Constitute “Judicial Activism”

This week, it suddenly dawned on bewildered liberals that ObamaCare’s legality was dubious after all.  Behold New York Times bubble-dweller Linda Greenhouse, prior to this week’s oral arguments before the Supreme Court:  “The notion that Congress somehow lacks the power to regulate, restructure or basically do whatever…

112 Holder’s Endless Affirmative (Discrimin)Action

At National Review Online on Tuesday, columnist John Fund blasted Attorney General Eric Holder for advocating permanent racial discrimination in favor of black Americans. His column is “must” reading. Holder’s position is mind-boggling. It pushes the extreme edges of racialism. Anything approaching those far edges is immoral.…

113 Second Amendment: Detroit Chaos Proves Once Again It’s No Anachronism

Second Amendment antagonists claim that the individual right to keep and bear arms is some sort of anachronism, no longer important since the days of the Redcoat.  Decades of sociological research refute that allegation, of course, demonstrating to the contrary that greater firearm possession by law-abiding citizens correlates with lower crime…

114 ObamaCare’s Newest Casualty: Freedom of Conscience

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”  --Amendment I, United States Constitution  Freedom of religion is a Constitutional right.  Indeed, it is our nation’s most foundational right.  In contrast, the convenience of government-…

115 Supreme Court Saves Religious Liberty from Obama

In a devastating smackdown of the Obama administration’s extremist, anti-religious legal philosophy, a unanimous – repeat, unanimous – Supreme Court on Wednesday ruled anew that government usually may not interfere with a religious institution’s hiring and firing practices. The victory for First Amendment religious freedom is…

116 Why Supremes Will Nix ObamaCare

The Supreme Court’s agreement to consider four separate issues regarding ObamaCare has given rise to fears, mine included, that the court would produce some sort of unsatisfyingly fractured ruling that leaves defenders of liberty sputtering in frustration. The unfortunate model would be the abortion decision, Planned Parenthood v. Casey, in which…

117 Wicked Wickard v. Filburn Does Not Immunize ObamaCare

If the 1942 decision Wickard v. Filburn doesn’t ring a bell, that’s certainly understandable.  Even informed adults at the time were preoccupied by slightly more immediate threats to life, liberty and the pursuit of happiness than Wickard.  Nevertheless, it’s poetically appropriate that “Wickard” rhymes with…

118 Many Legal Permutations in ObamaCare Case

[Part one of two] The broad scope of the Supreme Court’s decision to consider the constitutionality of ObamaCare makes it more possible for the court to invalidate at least part of the law, although that same broad scope also increases the possibility for a confusing and fractured ruling that punts the biggest legal issues to a future date.…

119 This Week’s Sloppy, Shameful ObamaCare Ruling Provides Wake-Up Call to American Voters

“The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems…”  Somehow, that absurdity masquerading as legal reasoning actually survived the editing process, and maintained its prominence within the written opinion of Judge…

120 Tea Partiers, Conservatives Should Embrace Congressional Anti-Piracy Legislation

Here’s a reliable rule of thumb:  If Senator Marco Rubio (R – Florida) and Representative Marsha Blackburn (R – Tennessee) support proposed legislation, it’s likely an excellent idea.  Here’s corollary rule of thumb:  If the self-described Marxist organization Free Press fiercely opposes proposed legislation…

 
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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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