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After two years, the extraordinary government measures—federal, state, and local—taken in response to the COVID pandemic, some of which were supposed to be temporary, have finally begun to abate, along with the fear and panic that inspired them.
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On February 28, 2019, I was honored to speak at the University of Virginia School of Law, at a day-long program sponsored by the UVA student chapter of the Federalist Society, entitled “The Future of Originalism: Conflicts and Controversies.” Congratulations to Jenna Adamson (President of the UVA student chapter), her colleagues, and the participating faculty, speakers, and moderators (including Judges Thomas B. Griffith, Diane S. Sykes, and John K. Bush) for planning and executing a terrific event. At lunch, Clark Neily and I debated the topic “Judicial Engagement v. Judicial Restraint: Equally Compatible with Originalism?” The moderator was UVA Professor Lillian BeVier.
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Rarely do challengers of landmark legislation get a second bite at the apple in constitutional litigation. Thanks to some enterprising state attorneys general, however, champions of limited government may have another chance to overturn the signature overreach of the Obama Administration. Six years after Obamacare was initially upheld, opponents of the law (technically “The Patient Protection and Affordable Care Act,” or “ACA”) are preparing a second test case, based—ironically enough—on the implausible rationale of the initial ruling.
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AUSTIN – The National Federation of Independent Business/Texas, the state’s leading small business association, applauds efforts of Texas lawmakers to end the practice of the state and local government collecting dues from public employees on behalf of national labor unions.
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In 1942, deciding the case of Wickard v. Filburn, the U.S. Supreme Court deemed the wheat grown by an Ohio farmer purely for his own use and consumption—not for sale—to “exert a substantial effect on interstate commerce.” This infamous decision led many to conclude that the scope of Congress’s authority under the Commerce Clause is essentially unlimited.
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LUBBOCK -- A U.S. judge has issued a permanent injunction setting aside an Obama administration directive requiring employers to document when they enlist consulting firms and attorneys to advise on anti-union campaigns.
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The organization has accused the OSHA of violating the law and letting union representatives have access to non-union workplaces.
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In prior posts, I looked at the pro-union agenda of the Obama administration’s National Labor Relations Board, and the anti-employer policies undertaken by the Equal Employment Opportunity Commission, Occupational Safety and Health Administration, and Department of Labor. The leadership of the Department by Thomas Perez deserves a closer look, for Secretary Perez has brazenly promoted the objectives of organized labor at the expense of the rule of law.
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On Oct. 22 Attorney General Ken Paxton announced that Texas has filed suit against the federal government over a regulation forcing states to effectively pay an unconstitutional to fund the Affordable Care Act. According to a press release, the law coercively threatens to choke off Medicaid funds for the health needs of millions of Texas citizens, including over 350,000 children, unless Texas taxpayers pay hundreds of millions of dollars to pay for Obamacare. “This threat to cut Medicaid fund
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Texas Gov. Rick Perry told small business leaders recently that he was committed to strengthening the state's competitive jobs climate.
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A bill geared toward regulating the practice of lawsuit lending in Texas passed the House Judiciary and Civil Jurisprudence Committee on Tuesday.
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AUSTIN – A central Texas lawmaker has authored a bill aimed to crack down on predatory practices by the state’s lawsuit lending industry.
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Obama WASHINGTON (Legal Newsline) - The U.S. Supreme Court announced on Monday that it will hear the appeals in a 26-state lawsuit that challenges President Barack Obama's federal health care reform law.
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Weekley Gov. Rick Perry has signed into law a "loser pays" lawsuit reform bill, which one supporter said will keep Texas from being the national "poster child" of lawsuit abuse.
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HOUSTON � Gov. Rick Perry today credited small businesses with helping strengthen the state economy and creating thousands of jobs for Texans. To honor the significant impact small businesses have on the state's economy, the governor has declared this week Texas Small Business Week.
