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Sabre/Farelogix Merger: DOJ Antitrust Lawsuit Needlessly Threatens U.S. Prosperity and Innovation
On Monday, January 27, trial will commence in the Department of Justice’s (DOJ’s) misguided antitrust lawsuit seeking to prohibit travel technology company Sabre’s acquisition of non-competitor software developer Farelogix.
The DOJ’s action holds no merit in law or fact, and it illustrates how overzealous federal antitrust… |
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Warren Burger Meme Bungles 2nd Amendment
A fatuous new meme has gained sudden social media popularity among gun-grabbers in their ongoing campaign to render the Second Amendment meaningless.
The meme features a portrait of former Chief Justice of the United States Warren Burger, alongside a 1990 quote that somehow sprang to life after thirty years of dormancy.
The backstory… |
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Encouraging Tremors from the Supreme Court
From the United States Supreme Court come some encouraging tremors.
That’s perhaps the top takeaway as the Court concludes its first term under a new composition that includes Justice Brett Kavanaugh.
Although this term has been comparatively light in terms of straightforwardly blockbuster cases, such as 2008’s seminal Heller… |
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In Defense of Lobbying
The media adores stories that bolster prevailing narratives about the virtuousness of "bipartisanship" and the nefariousness of money in politics. Last week, they got both when socialist Alexandria Ocasio-Cortez and conservative Ted Cruz displayed some populist synergy by promising to work on legislation that would ban former lawmakers from… |
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Lack of Ideological Diversity Eviscerates Colleges' Affirmative Action Rationalization
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
Those were the words of Chief Justice John Roberts, writing for the majority in the 2007 Community Schools v. Seattle School District No. 1 decision. He perfectly captures the solution to our ongoing debate over state-sanctioned racial… |
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Conservative Judicial Activism Is Just As Objectionable as Liberal Judicial Activism
"Who says Roe must say Lochner."
So wrote Judge Robert H. Bork in The Tempting of America.
Published in 1990, Judge Bork's tour de force remains a masterful primer on jurisprudence, and recounts his ordeal against the sleazy and mindless assault by Senator Ted Kennedy, Senator Joe Biden and others against his nomination by Ronald… |
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Flipping Benefits Prosecutors, Not the Public
Last Thursday, after President Donald Trump's personal lawyer, Michael Cohen, pleaded guilty to eight felonies, Trump blasted how federal prosecutors coerce people to plead guilty, whether they've done anything wrong or not, and to play ball with investigators to target others. Trump said "it's called flipping and it almost ought to be illegal… |
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There Is Nothing 'Illegitimate' About the Brett Kavanaugh Nomination
Perhaps one day a court will find that Donald Trump conspired with his personal lawyer Michael Cohen to pay nondisclosure agreements meant to silence his mistresses. Perhaps one day the House will impeach Trump for breaking those campaign finance laws, and then maybe the Senate will also remove him from office.
Those are the mechanisms that have been… |
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Important New Legal Victories for Second Amendment Rights
We're only halfway through summer, but it has proven a particularly fruitful one for supporters of the Second Amendment individual right to keep and bear arms.
Most saliently, President Donald Trump nominated Judge Brett Kavanaugh, who interprets the seminal 2008 Heller v. D.C. decision to forbid laws outlawing so-called "assault weapons… |
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Democrats Don't Fear Brett Kavanaugh; They Fear the Constitution
Sure, some of the anger aimed at Donald Trump's nomination of Brett Kavanaugh to the Supreme Court is partisan bluster meant to placate the activist base. Still, most Democrats were going to get hysterical about any pick, because any conservative pick was going to take the Constitution far too literally for their liking. For those who rely on the administrative… |
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Finally, a Conservative for Robert Bork's Supreme Court Seat
Thirty-one years is a long time to fill a U.S. Supreme Court vacancy.
But in some ways, we've been waiting that long.
This week, however, President Donald Trump held to his campaign promise and nominated conservative Judge Brett Kavanaugh to fill a Supreme Court seat that rightfully should've been occupied by the late Judge Robert Bork… |
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As Justice Kennedy Retires, Supreme Court Finally Ends Compulsory Public-Union Dues
Groucho Marx famously observed, "I don't want to belong to any club that would have me as a member."
For decades, millions of American public-sector workers who were forced to join unions have pleaded, "I don't want to belong to any club that would force me to become a member."
This week, the U.S. Supreme Court finally… |
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Government Workers 'Free at Last'
Rank and file government workers won big over union bosses Wednesday, when the U.S. Supreme Court ruled 5-4 in favor of Mark Janus, an Illinois state worker who refused to join the American Federation of State, County, and Municipal Employees. The court struck down an Illinois law that allowed the union to deduct fees from Janus's paycheck despite… |
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New Legal Challenge May Unravel ObamaCare
Most Americans understandably consider ObamaCare's legality a settled question, following the Supreme Court's notoriously contorted 2012 NFIB v. Sebilius 5-4 majority decision by Chief Justice John Roberts.
A new challenge filed in federal court earlier this year by twenty state attorneys general, however, presents a novel and potentially fatal… |
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You Can Try To Repeal The Second Amendment, But You Can't Repeal History
This week, retired Supreme Court Justice John Paul Stevens wrote an op-ed in The New York Times that advocated a position most liberal pundits and activists have been incrementally working toward for a long time: repealing the Second Amendment. And while many liberal columnists argued that Stevens had only given fodder to gun advocates —… |
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Video: Free Market and Conservative Groups Speak Out for STRONGER Patents
In a video released today by the Center for Individual Freedom (CFIF), the leaders of numerous free market and conservative organizations speak out in strong support of the STRONGER Patents Act, legislation that will help provide relief and support to American creators and innovators by restoring the historic strength of the hobbling U.S. patent system… |
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Intellectual Property: America Still Leads the World
Consider the following relationship, and ask yourself whether it's more likely causal or purely coincidental.
Among the numerous elements of American exceptionalism, the United States maintains the world's strongest protections for intellectual property (IP) — creations of the mind, such as patents, copyrights, trademarks and trade… |
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War on Cops Goes to Court
The war on cops is moving from the streets to the U.S. Supreme Court. Last week, the Justices heard a case that threatens police officers with financial ruin if they make arrests, and the charges later get dropped.
It started with a late night bash. District of Columbia police officers were called by neighbors at 1 a.m. to investigate a rowdy party… |
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Courts Dismiss Unions' "Property" Claim to Non-Members' Wages
When it comes to shamelessness and sheer chutzpah, it's difficult to top labor union leaders.
First, they tenaciously fight right-to-work laws, which simply allow individual employees to decide whether or not they wish to join unions. It apparently hasn't dawned on them that compulsory membership is more befitting the former East Germany… |
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Justices Should Toss Dems' Phony Election Lawsuit
If you can't win, change the rules. Democrats and progressive activists are joining forces to urge the U.S. Supreme Court to interfere in how election districts are drawn in all 50 states. In Gill v. Whitford, they're challenging how Republican lawmakers in Wisconsin drew the state's election map.
The justices will hear the case on Oct. 3. If they… |
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Democrats Are Increasingly Comfortable With Religious Tests
"Do you consider yourself an orthodox Catholic?" Sen. Dick Durbin asked Notre Dame Law School professor Amy Coney Barrett, a nominee for a federal appeals court, yesterday.
Since Durbin inquired in the form of a question, we can only assume that Barrett's answer was pertinent to the confirmation. That is problematic considering the… |
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Court Blocks D.C. Gun Law, Vindicating Right to Bear Arms Beyond the Home
This week, the U.S. Court of Appeals for the District of Columbia Circuit — often labeled the nation's second-highest court — secured a significant victory for the Second Amendment right to keep and bear arms.
At issue in Wrenn v. District of Columbia was the following question: Can the government require citizens to demonstrate… |
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Supreme Court Botches 2nd Amendment Opportunity, But Congress Poised to Act
This week, the Supreme Court blew a critical opportunity to interrupt the ongoing assault by states like California against Second Amendment rights.
Scratch that. Chief Justice John Roberts and Justices Anthony Kennedy and Samuel Alito, all of whom joined the landmark D.C. v. Heller majority affirming the individual right to keep and bear… |
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Making Courts Great Again: Trump Nominates 10 More Conservative Judges
Conservatives can breathe another sigh of relief.
Throughout the 2016 presidential campaign, liberal scolds and Donald Trump skeptics assured the American electorate that he couldn't possibly reach the White House, and even if he somehow did, he would cruelly cast aside promises to govern as a conservative and nominate conservative judges in… |
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Gorsuch Signals Even Broader 2nd Amendment Interpretation Than Scalia
This week offered conservatives and libertarians a delightful spectacle in Judge Neil Gorsuch's testimony during Senate Judiciary Committee confirmation hearings on his nomination to replace the late Justice Antonin Scalia on the U.S. Supreme Court.
Gorsuch performed so brilliantly, and his antagonist Judiciary Committee liberals performed so… |
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Chuck Schumer's Attacks on Neil Gorsuch Are Un-American
If Democrats want to filibuster President Donald Trump's Supreme Court nominee, they're entitled to do it. In fact, Democrats are free to try and stop federal appeals court Judge Neil Gorsuch's confirmation for any reason they desire, whether ideological or personal, or even no particular reason at all. There is nothing in the Constitution that compels… |
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The Contradictory Logic of Gun-Grabbers
A little intellectual integrity is apparently too much to ask of Second Amendment restrictionists.
Witness the ever-shifting and contradictory legal rationalizations in their unrelenting campaign to infringe upon Americans' right to keep and bear arms, as convenience and changing circumstance dictate.
Last week, the Fourth Circuit Court… |
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Judge Robart's National Security Expertise
Judge James Robart, of the U.S. District Court for the Western District of Washington State, believes there is no basis for President Trump's executive order temporarily suspending non-American entry from seven terrorism-plagued countries.
In court last week, Robart questioned Justice Department lawyer Michelle Bennett about the administration's decision… |
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Supreme Court: Gorsuch May Go Beyond Scalia
During last year's presidential campaign, Donald Trump assured wary voters that, "I am looking to appoint judges very much in the mold of Justice Scalia."
From that point forward, the question of whether the distinctively mercurial Trump could be trusted to adhere to his promise remained a matter of frequent debate.
This week… |
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Battle Lines Forming in War Over Trump Court
Opening shots are being fired over Donald Trump's anticipated Supreme Court nomination. A conservative advocacy group is running television ads urging Trump to appoint a justice in the mold of the late Antonin Scalia. New Senate minority leader Chuck Schumer fires back that Democrats will try to block any nominee who isn't "mainstream."… |
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