Search Results for: adventures in administrative

Adventures in administrative law

Featured image Obama presents himself as detached from the events giving rise to the controversies that now beset his administration. He’s just the president. Obama has found this a useful pose in the face of the exposure of the IRS as the handmaiden of his efforts to help friends and harm enemies. He has touted the IRS as an independent agency. How can he be responsible for the shenanigans of agents that »

That Obamacare magic

Featured image In the 2012 election results I learned that just about everything I “know” is wrong. One thing I thought I knew was that the average American’s natural sense of religious tolerance would be grossly offended by the Obamacare contraception mandate. False! And that the average American would find the administration’s hypothetical solution — the magical provision of the contraceptive benefit at no expense to objecting religious institutions (narrowly defined) — »

Annals of Obamacare

Featured image We’ve been following the issues raised by the Obamacare regulation requiring employer-provided health insurance plans to provide “preventive services” including abortifacients, contraception, and sterilization. John McCormack notes that the mandate took effect last Wednesday, and triggered the filing of a lawsuit by Wheaton College. David Catron notes that one federal judge has enjoined enforcement of the “preventive services” mandate against Hercules Industries in a lawsuit pending in federal court in »

Notre Dame v. Sebelius: Ten notes

Featured image Yesterday the University of Notre Dame filed a lawsuit against HHS Secretary Kathleen Sebelius and other high ranking officers of the Obama administration. The complaint is available online here. I urge readers to check it out for themselves. It is a document of great interest. In this post I offer a few observations. 1. It was only three years ago that the University of Notre Dame invited President Obama to »

Adventures in Ad Law, cont’d

Featured image The whole idea of “administrative law” — regulations with the force of law promulgated by executive agencies pursuant to powers delegated by Congress — squares uneasily at best with the Constitution and its scheme of separated powers. Obamacare presents us with a case study that amounts to a reductio ad absurdum. The agencies promulgating Obamacare regulations will produce a code that rivals the United States Code in length and complexity. »

The Church against Obamacare, cont’d

Featured image Whatever happened to baby pain? I mean, has the the Obama administration’s ludicrous “accommodation” of the Church’s opposition to the compelled provision of free contraception, sterilization and abortifacients resolved the serious constitutional affront involved? Or has it thrown one more into the mix? Somehow the mainstream media have transformed the discussion into something else entirely. By the way, has anyone actually seen a copy of the regulation enacting the “accommodation” »

Adventures in Ad Law

Featured image The whole idea of “administrative law” — regulations with the force of law promulgated by executive agencies pursuant to powers delegated by Congress — squares uneasily at best with the Constitution and its scheme of separated powers. Obamacare presents us with a case study that amounts to a reductio ad absurdum. The agencies promulgating Obamacare regulations will produce a code that rivals the United States Code in length and complexity. »

The forgotten man

Anyone seriously trying to understand American politics must reckon with what Charles Kesler has called “the three waves of liberalism,” beginning with Woodrow Wilson. As a Progressive academic steeped in the Hegelian dialectic, Wilson laid the intellectual groundwork for the assault on limited government. He hated the Declaration of Independence and the Constitution, which he frankly condemned as obsolete in his academic writings. Paul and I sketched an outline of »