Monthly Archives: June 2015
June 26, 2015 — Paul Mirengoff
In Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Justice Kennedy acknowledged the dangers of ruling that disparate impact analysis applies to Fair Housing Act cases, and he tried to erect limitations that would avoid these dangers. However, as Justice Alito showed in his dissent, the supposed limitations will not constrain liberal bureaucrats and judges. A parallel exchange can be found in today’s ruling finding a
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June 26, 2015 — Scott Johnson
Justice Scalia’s dissent in today’s gay marriage diktat is all must reading. Short of posting the whole thing, let me offer these pointed excerpts (to which I have added some paragraphing in the interest of readability): The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences,
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June 26, 2015 — Paul Mirengoff
I wrote here about yesterday’s decision by the Supreme Court in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. By a 5-4 vote, with Justice Kennedy writing for the majority, the Court held that the Fair Housing Act allows lawsuits based on disparate impact. Usually in a case like this, it is the dissent that warns of the dire consequences that may well flow from the
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June 26, 2015 — Steven Hayward
Where to start? (After the epic face palms, that is.) In no particular order: • Let’s not have any more talk from the Left about how we have a “conservative” or “reactionary” Supreme Court. Also, let’s note that the author of the majority opinion in the same sex-marriage case, Anthony Kennedy, also wrote the Citizens United opinion that some on the Left have compared to Dred Scott. (Seriously.) It is
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June 26, 2015 — John Hinderaker
At least three terrorist attacks took place earlier today, all apparently inspired or directed by the Islamic State. In Kuwait, a large Shiite mosque was bombed, with at least 24 people killed or wounded. The bombing was consistent with ISIS’s effort to stir up war between Sunni and Shia Muslims. These pictures were taken just after the bombing: In Tunisia, gunmen opened fire at two beach hotels on the Mediterranean,
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June 26, 2015 — John Hinderaker
Two hundred twenty-four years after the Constitution was ratified, Anthony Kennedy and four loyal Democrats have discovered, hidden somewhere in its provisions, a right to gay marriage. This so-called right, deemed “fundamental” by the five-justice majority, was undreamed of until a few years ago. If you want to read the decision, it is here. Yesterday’s Obamacare decision told us that we do not live under the rule of law. Today’s
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June 26, 2015 — Scott Johnson
On Tuesday the Wall Street Journal published Matti Friedman’s review of Michael Oren’s new book. Friedman’s review is accessible here via Google. Friedman’s review strikes me as jaded and superficial. As such, it is a disservice to potential readers who would be interested in what Oren’s timely book has to offer. I am taking the liberty of reposting my comments on Oren’s book from this past Tuesday as a review
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June 26, 2015 — Scott Johnson
The Supreme Court issued its decision in King v Burwell yesterday. The Supreme Court has posted its opinions in the case here. At issue in King was the legality of the IRS’s provision of tax credits in Obamacare exchanges established by the federal government. As Professor Jonathan Adler wrote in USA Today, the case “presents a straightforward case of statutory interpretation.” As such, it wasn’t a hard case; it was
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June 26, 2015 — Scott Johnson
This week Ammo Grrrll explains: YES MEANS YES and THIS LAW MEANS ITS AUTHORS ARE INSANE. She writes: Writer Ashe Schow of the Washington Examiner has an excellent column about the proposed new “Yes Means Yes” law from two Law Professors who definitely need a hobby. Google it for facts and details. The gist of it is to make virtually every sexual encounter rape, unless “affirmative consent” can be proved
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June 25, 2015 — Steven Hayward
Power Line’s drone air force went rogue this afternoon, as you’ll see below. Alfred Hitchcock, call your office! Though I blame the Supreme Court. Or Cyberdyne Systems. Or something. (Less than 30 seconds long.)
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June 25, 2015 — Paul Mirengoff
Earlier this month, we learned that Sidney Blumenthal turned over to Trey Gowdy’s committee 61 emails in which he corresponded with Hillary Clinton that the State Department hadn’t produced in response to a subpoena by the committee for such documents. The question was: did State have the documents but fail to produce them to the committee or did State not have the documents because Hillary, who kept them on a
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June 25, 2015 — John Hinderaker
Within the last 48 hours, the Obama administration dodged two huge bullets. First, Congressional Republicans passed the trade promotion authority act, paving the way for passage of the Trans Pacific Partnership, which the administration has been negotiating for years, and the Trade In Services Agreement. Then, this morning, the Supreme Court bailed out Obamacare, rewriting key provisions of the Affordable Care Act to prevent Obamacare from collapsing, with two presumed
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June 25, 2015 — Steven Hayward
The philosopher Alfred North Whitehead supposedly once said (I say “supposedly” because this quote is too good to check out) that “There are two kinds of people in the world: the simpleminded, and the muddleheaded.” Always better to be simpleminded than muddleheaded I say. Also better to be a Power Line VIP subscriber. Only $4 a month gets you ad-free access to the site (better than Ad Blocker, which sometimes
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June 25, 2015 — John Hinderaker
If our public life is going to be all race all the time, with a view toward expunging all traces of racists from honored positions in American history, then Woodrow Wilson is a prime candidate for the memory hole. At InstaPundit, Randy Barnett sets out Wilson’s record as a racist in detail. Wilson re-segregated federal agencies that had been integrated during Reconstruction. W.E.B. DuBois called Wilson’s segregationist and discriminatory policies
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June 25, 2015 — Paul Mirengoff
Justice Scalia dissented vigorously from the Supreme Court’s decision upholding Obamacare subsidies on the federal exchange. Justices Thomas and Alito joined in that dissent. Here are key excerpts from Scalia’s dissent: We should start calling this law SCOTUScare. The Court interprets §36B to award tax credits on both federal and state Exchanges. It accepts that the “most natural sense” of the phrase “Exchange established by the State” is an Exchange
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June 25, 2015 — Steven Hayward
I recall once reading an interview with one of the head writers of Star Trek: The Next Generation—you know, the faux Star Trek series where the role of Captain Kirk was reimagined by the UN and the National Organization of Women. (No: This is not arguable. Just as there is only one real James Bond—Sean Connery, damnit—there is only one Star Trek. Simple rule: if it doesn’t have William Shatner,
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June 25, 2015 — Paul Mirengoff
The vote was 6-3. Chief Justice Roberts wrote the opinion. The dissenters were Justices Scalia, Thomas, and Alito. Two big wins for the Obama administration today, the other being the housing case (see post below). UPDATE: According to SCOTUSblog, where I’m following today’s developments, the majority acknowledges the strength of the argument that the plain language of the statute permits subsidies only on state exchanges. However, the majority says that
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