Supreme Court

Disparate impact’s day in court

Featured image Yesterday, the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. The issue presented is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act (FHA). As I explained here, disparate impact discrimination occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be justified by legitimate interests. »

Stephanie Cutter: Gruber was an Obamacare architect

Featured image The question of whether Jonathan Gruber is an architect of Obamacare has, I think, been settled. But in case there’s any doubt, a memo by Stephanie Cutter, President Obama’s deputy campaign manager in 2012, should erase it. According to Patrick Hawley of the Daily Caller, the Cutter memo was prepared in advance of Obama’s first debate with Mitt Romney. In relevant part, it states: So, what’s the net impact of »

A day of reckoning for “disparate impact” housing discrimination cases

Featured image Next Wednesday, the Supreme Court will hear oral argument in a Texas case in which the issue is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act. The case is Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. “Disparate impact discrimination” occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be »

Obamacare in 2015

Featured image Tevi Troy says that 2015 is shaping up as Obamacare’s worst year. That’s quite a statement, considering how bad a year it had in 2014 — roll-out problems, false claims of 7 million enrollees, and the defeat of congressional supporters of the legislation. The key challenge to Obamacare in 2015 will come in the Supreme Court. A defeat there would certainly make 2015 a potentially near-fatal year for Obama’s only »

William Levin: The road to repeal

Featured image William Levin is a graduate of Yale Law School. He writes to comment on the Obamacare case pending before the Supreme Court. He argues that “the road to Obamacare repeal runs through through King v. Burwell.” His column makes assumptions that are subject to reasonable argument, such as Chief Justice Roberts’s ultimate position in the current case and the soundness of the Chief Justice’s position in what he calls Obamacare »

It’s Not Just Dumb, It’s Krugman Dumb!

Featured image We have written here and elsewhere about the King v. Burwell case, in which a panel of the 4th Circuit Court of Appeals held that the Affordable Care Act allows the federal government to subsidize participants in the federal Obamacare exchange as well as the state exchanges. In Halbig v. Burwell, decided at the same time as King, a panel of the D.C. Circuit Court of Appeals went the other »

Gruber strikes again

Featured image Jonathan Gruber, the MIT professor who was a key architect of Obamacare, may also be a central figure in the court battle over whether Obamacare subsidies are allowed for participants in the federal health insurance exchange. That’s because, as noted here, Gruber has provided the rationale for the statutory language that bars such subsidies. He thus undermines Team Obama’s argument that the statutory language can’t possibly mean what it says. »

How will the Supreme Court rule in the latest Obamacare challenge?

Featured image As Steve has noted, the Supreme Court will review the Fourth Circuit’s decision in King v. Burwell. That decision holds that the provision of Obamacare authorizing tax credits for insurance purchased on an exchange “established by the State under section 1311” also authorizes tax credits for insurance purchased on an exchange established by the federal government. It seems clear that four Justices are prepared to reverse the Fourth Circuit and »

Breaking: Supreme Court to Take Up Another Obamacare Challenge

Featured image As Paul discussed at the time, the DC Circuit Court’s Halbig ruling striking down Obamacare’s state subsidies would be unlikely to survive an en banc rehearing with all of the new judges that Harry Reid enabled Obama to appoint.  And the 4th Circuit upheld the state subsidies in a separate case. But this afternoon the Supreme Court announced that it won’t wait for the DC Circuit’s rehearing, and will take up an »

Time for Payback

Featured image It is too early to count on a Republican Senate 15 hours from now, but haven’t you noticed all the articles in the last couple of weeks from liberals saying, “Oh, won’t it be terrible for Republicans if they have a Senate majority!  Just think of all the problems they’re going to have!”  These articles do offer their comic amusement. There is one from this genre worth noting: Jeffrey Rosen’s »

Supreme Court declines to review same-sex marriage cases

Featured image The U.S. Supreme Court has decided not to review lower court rulings that allow same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin. It would have required the votes of only four Justices to decide to review the issue, but the votes were not to be had. Nor did any Justice write a dissent from the denial of review. What does today’s decision not to decide mean. Ed Whelan argues, »

Did Marriage Dodge a Bullet Today?

Featured image This morning the U.S. Supreme Court issued a series of orders, including a long list of cases in which certiorari was denied. This means that the Court will not hear those cases, and the rulings from the courts of appeal will stand. Among the cases the Court declined to hear were those from three circuits that have found a constitutional right to gay marriage. This means that gay marriage will »

Pelosi does Hobby Lobby

Featured image John discusses Senate Majority Whip Dick Durbin’s slightly misguided explication of the Supreme Court’s Hobby Lobby decision here. According to Durbin, the Supreme Court had gone into business banning certain contraceptives. John cited Ed Whelan’s devastating critique of Durbin’s explication. John questions Durbin’s intelligence, but I think this is a bit unfair. Durbin is simply doing his job, disseminating Democratic Party talking points that seek to rile up the low-information »

Dumb Dick Durbin Demagogues Hobby Lobby

Featured image We have speculated from time to time on whether Dick Durbin is the dumbest Democrat of them all. It is a hotly contested title, but he is definitely a contender. Most recently, Durbin has been discoursing on the Hobby Lobby decision. At NRO’s Bench Memos, Ed Whelan takes him apart: Democratic senator Richard Durbin contends that the Hobby Lobby ruling violates the “fundamental premise” of Griswold v. Connecticut (1965), which »

Is Administrative Law Unlawful? (3)

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government. »

Legislation trumps administrative regulation, left irate

Featured image Lost in the sound and fury coming from the left in reaction to the Supreme Court’s decision in Hobby Lobby is this point, made in a letter to the San Francisco Chronicle by Emmett C. Stanton: People choose to forget that when Obamacare passed so narrowly, it was in large part because the administration misled pro-life Democrats about its abortion and abortifacient coverage. The legislation never would have passed if »

Left’s Reaction to Hobby Lobby: Let’s Go Crazy! [Updated]

Featured image Virtually no liberals have read the Hobby Lobby decision or have any idea what the Supreme Court actually ruled, but that hasn’t prevented them from making fools of themselves. Since the Court issued its ruling yesterday morning, it has been wall-to-wall hysteria on the Left. This video montage, compiled at Grabien, is an entertaining look at the Left’s response to Hobby Lobby. Get out the popcorn: MSNBC was hardly any »