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  • The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’0

    • July 14, 2014

    Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hai​led by freedom advocates as a great victory.  On balance it certainly it is a victory for those who value personal freedom. But it also contains land mines that may one day prove destructive to freedom. One

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  • Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?0

    • February 24, 2014

    The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not buy health insurance conforming to federal standards. In NFIB v. Sebelius, the Supreme Court upheld the penalty as a constitutional “tax.” But that may not be the last word on its constitutionality. A lawsuit brought

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  • How a Conspiracy Cracked a Monopoly0

    • December 1, 2013

    Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. This “conspiracy” was not a political plot or an illegal combination. Rather, it is one of the nation’s two top constitutional law websites—a

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  • Shut 'Er Down!0

    • September 29, 2013

    Two stories in today’s Denver Post show how cynically the mainstream media are playing the story about what they misleadingly call a “government shutdown.” Of course, it’s really not a shutdown, just a slowdown—more on that below. And in our constitutional system the states, not the feds, are the primary line of government. The states

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  • Contraceptives and Catholic hospitals: The primary issue is Obamacare, not the First Amendment0

    • February 12, 2012

    Does the mandate forcing Catholic hospitals to offer abortifacients and contraception violate the First Amendment? The surprising answer is: Probably not. True, there are serious moral and political issues inherent in requiring religious institutions to offer “treatments” they find theologically offensive. But, despite the claims of many Catholic and conservative commentators, the U.S. Department of

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  • The greatly misunderstood Chief Justice John Marshall0

    • July 16, 2011

    One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist whose decisions are good precedent for the modern federal monster state. Marshall was the fourth chief justice of the U.S. Supreme Court (third, if you don’t count John Rutledge, a recess appointment who was never

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