In our latest Liberty Update, we highlight how Americans have soured on "Bidenomics" despite Biden supporters…
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Image of the Day: Minorities Prospered Far More Under Trump

In our latest Liberty Update, we highlight how Americans have soured on "Bidenomics" despite Biden supporters' ongoing insistence that voters trust them rather than over three years of actual, real-life experience and hardship.  Well, our friends at the Committee to Unleash Prosperity have highlighted another point that merits emphasis as minorities turn against Biden in his reelection effort.  Namely, they prospered far more under President Trump than President Biden:

[caption id="" align="alignleft" width="691"] Minorities Prospered Far More Under Trump Than Biden[/caption]

 …[more]

June 09, 2024 • 10:40 PM

Liberty Update

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121 Inside the Texas-Led, 20-State Lawsuit Challenging Obama’s Immigration Amnesty

With the additions of Arizona, Florida and Ohio, there are now twenty states suing the Obama administration over the president’s unilateral decision to grant temporary amnesty and work permits to as many as five million illegal immigrants. The Texas-led lawsuit is a textbook case of Constitutional Litigation 101. Brushing aside any notion that…

122 Is John Roberts Listening to Jonathan Gruber?

Is John Roberts listening to Jonathan Gruber? In a move that stunned Republicans and Democrats alike two years ago, Roberts, the U.S. Supreme Court Chief Justice, changed his mind and single-handedly rewrote ObamaCare in NFIB v. Sebelius to save it from its own unconstitutionality. A key ingredient in Roberts’ judicial about-face was his ability…

123 Move over Lois Lerner: Lawsuit Says IRS Destroying Evidence in Separate Case

Private lawsuits against the IRS are nothing new, but one claim against the tax-gathering agency should interest House Republicans investigating the possible willful destruction of evidence by former manager Lois Lerner and other employees.  According to federal court documents, the IRS “wiped clean a number of computer hard drives containing…

124 Humiliating New Legal Defeat for Obama Administration, but Rule of Law Remains in the Balance

You don't need a fancy legal degree to understand that Congress intended for every eligible American to have access to tax credits that would lower their healthcare costs, regardless of whether it was state officials or federal officials who were running the marketplace."  -White House spokesman Josh Earnest  "It is not our…

125 IRS and the Spoliation of Evidence Legal Standard

“Innocent until proven guilty” is an unconditional canon within our legal system, right?  Not always.  As a first-year associate fresh out of law school, my very first assignment centered on the legal issue known as “spoliation of evidence.”  Pronouncing the term correctly (spō-lē-Ā-shŭn)…

126 Don’t Conflate “Affirmative Action” with Alumni, Geographic or Athletic Preferences

“Does the Equal Protection Clause of the Fourteenth Amendment forbid what its text plainly requires?  Needless to say (except that this case obliges us to say it), the question answers itself.”   -Supreme Court Justice Antonin Scalia Clearly, no moral or political issue has divided and agonized America throughout its history…

127 Second Amendment: Justice Stevens’s Proposed Revision is an Admission of Defeat

If hyper-liberal retired Supreme Court Justice John Paul Stevens gets his way, here’s how the Second Amendment would read:  “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, when serving in the militia, shall not be infringed.”  Consider it a liberal…

128 From the NAACP to Mozilla: Anonymity and First Amendment Freedom

“Petitioner has made an uncontroverted showing that on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility.  Under these circumstances, we think it apparent that compelled disclosure…

129 Will ObamaCare Die by Self-Implosion or Court Decision? The Race is On

Pop quiz:  The paramount principle that drew America’s first permanent settlers across the Atlantic, and upon which our nation was founded, was:  (a)  The freedom to practice one’s religion beyond government interference;  or (b) The right to force private employers to provide birth control and abortive drugs…

130 Gowdy’s ENFORCE Act: Obama’s Last Chance to Avoid Impeachment?

A new proposal by Trey Gowdy seems tailor-made to save Barack Obama from impeachment. But so far the president isn’t listening. Gowdy, a Republican, is a former federal prosecutor representing South Carolina’s 4th Congressional District. He is also the author of H.R. 4138, better known as the “Executive Needs to Faithfully Observe…

131 Liberal 9th Circuit: Second Amendment Rights not Limited to One’s Home

One conspicuous casualty of the Obama Administration’s ongoing boondoggle of lawlessness and ideological fiat is something that was once a reliable conservative grievance.  Namely, the increasingly rare complaint of “judicial activism” – properly defined not as overturning democratically enacted statutes that happen to…

132 IRS, Obama Administration Suffer Unanimous New Legal Defeat

In a unanimous decision employing startling but justifiably harsh terms, the nation’s second-highest court handed the Obama Administration and its rogue Internal Revenue Service (IRS) an embarrassing new legal defeat this week:  “If we were to accept the IRS’s interpretation of Section 330, the IRS would be empowered for the…

133 Will the Supreme Court Rein in Obama’s Lawlessness?

History will not be kind to Barack Obama. Once the luster of his personality has receded into the past and his media disciples have all hung up their credentials, the only thing left will be his record. And it’s not pretty. Even now, with three years left in his tenure, it’s becoming increasingly apparent that his will be a presidency…

134 Federal Court Overturns Yet Another Chicago Gun Law

“Certain fundamental rights are protected by the Constitution, put outside government’s reach, including the right to keep and bear arms for self-defense under the Second Amendment.  This right must also include the right to acquire a firearm, although that acquisition right is far from absolute:  there are many long-standing…

135 Groundhog Day? IRS Renews Targeting of Libertarian, Conservative Groups

Apparently, the Obama Administration either lacks any sense of irony whatsoever, or it simply maintains no interest in propriety or any appearance thereof.  The latest occasion for that observation comes from a new partisan stunt originating out of Obama’s Internal Revenue Service (IRS).  That’s not a misprint – the same…

136 “Affirmative” Action: Is Outlawing Discrimination Unconstitutional?

Does the Constitution prohibit states from outlawing the racial discrimination regime euphemistically known as “affirmative action?”  Stated differently, does the Equal Protection Clause prohibit laws requiring equal protection?  Believe it or not, the U.S. Supreme Court is actually being forced to answer that question. …

137 Another Embarrassing Judicial Defeat for the Obama Administration

“The Commission fundamentally miscalculated the scope of its discretion.”  These days, it seems the only thing rougher on Barack Obama than Russian President Vladimir Putin is our own judicial branch.  The quote above came from the written opinion of federal Judge John D. Bates, in vacating a Securities and Exchange Commission…

138 Two Humiliating New Judicial Defeats for Obama Administration, in Remarkably Harsh Language

“The President and federal agencies may not ignore statutory mandates or prohibitions merely because of policy disagreements with Congress.”  That rudimentary truth, familiar to any freshman political science major, should not be necessary instruction for a former professor of constitutional law like Barack Obama.  The fact…

139 Behind the Headlines: The Supreme Court and Vindication of George W. Bush

This month, America passed a surprising and significant milestone.  According to Gallup, George W. Bush now exceeds Barack Obama in public approval.  Looking back to four short years ago, how many would have predicted that reversal of fortunes?  Who expected that it would only take one term of getting to know Obama to reduce him from…

140 Good News From the Courts

Something is always boiling in the legal world. Sometimes so much boils at once that some worthy cases and stories don’t get the attention they deserve. Such is the situation in the past few weeks, with several cases about which I’ve written right here at CFIF, or thematically related to those cases, all seeing important developments in…

141 Civil Libertarians and Excessive Post-Boston Angst

Did America violate the due process rights of the murderous Boston terrorist – we won’t publicly recite his name – by interrogating him prior to itemizing his Miranda rights?  The straightforward answer is “no,” and claims to the contrary from some hand-wringing alarmists do not withstand legal or logical scrutiny…

142 Borax Case Needs Lemon-Freshening

The Washington Legal Foundation (WLF) this week filed an appeal in one of the most heart-rending legal cases I’ve ever covered, one perfectly emblematic of the growing twin problems of A) federal “overcriminalization” of iffy, minor infractions and B) prosecutorial abuse. Indeed, I’ve written a book chapter and a full…

143 Is Banning Racial Preferences Unconstitutional? Supreme Court Will Decide

Since its inception, “affirmative action” has barely survived judicial scrutiny.  That it has survived at all is a wonder of judicial contortion.  The 14th Amendment, ratified in the aftermath of the Civil War, mandates, inter alia, equal protection of individuals under law:  “No State shall make or enforce any law…

144 Assault on IP Rights Should Alarm Conservatives and Libertarians

“The Congress shall have the Power To … promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  (Constitution of the United States of America, Article I, Section 8, Clause 8)  Our Founding Fathers considered…

145 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,…

146 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…

147 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. …

148 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…

149 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…

150 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…

 
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Notable Quote   
 
"Turns out Latino voters don't behave like the caricatures that far-left Democrats created to justify their monstrous open-borders policies.Among battleground-state Latino voters, ex-prez Donald Trump and the GOP lead Joe Biden and the Democrats on who's more trusted on immigration, 41% to 38%.Hardly a shock: A new Siena poll shows that even in deep blue New York, 83% of all voters think the migrant…[more]
 
 
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