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Why the Supreme Court Will Strike Down All of Obamacare

By |2020-04-23T21:58:18-04:00April 6th, 2012|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published April 5, 2012 on Forbes.com.

Barack Obama made a national laughingstock out of himself with his recent comments on the Obamacare law now before the Supreme Court. Obama said on Monday, “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” (emphasis added).

President Obama is not stupid. But he thinks you are. He knows the Obamacare health […]

ACRU Urges Supreme Court to Adopt 'Coercion Test'

By |2020-04-23T21:52:49-04:00April 5th, 2012|

March 14 – In an amicus brief submitted today to the U.S. Supreme Court, the American Civil Rights Union argues for a new constitutional standard protecting religious freedom.

The case, Mount Soledad Memorial Association v. Steve Trunk, et al, involves the cross at the Mt. Soledad veterans memorial in San Diego, which the ACLU and other groups want torn down. The Court may decide to hear the case later this year.

The ACRU’s argument – the ‘Coercion Test’ – is that public religious expression does not violate the Constitution’s prohibition against establishment of religion unless it involves coercion. ACRU General Counsel Peter Ferrara, author of […]

Professor Who? Federal Appeals Court Schools Obama on Constitutional Law

By |2012-04-05T09:53:39-04:00April 5th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 4, 2012 on Breitbart.com.

Now it’s a duel. A federal appeals court just called out President Barack Obama over his disturbing comments on the Supreme Court this week.

Last week, a number of us in the courtroom during oral arguments realized that Obamacare was in trouble.

Conservative lawyers, like me, were delighted. As for some lawyers on the left, like Jeffrey Toobin, you’d have thought they were at a funeral.

Evidently concurring with all of us that his signature law is in jeopardy, Obama launched a preemptive […]

Slow Economic Recovery: What's Taking So Long?

By |2012-04-05T08:55:42-04:00April 5th, 2012|

Reagan v. Obama: In a CBN.com story by Jennifer Wilson published on April 3, 2012, ACRU’s Peter Ferrara compares policies and results, and tells CBN News that we’re in “the worst economic recovery since the Great Depression.”

WASHINGTON — This year, the economy is adding some 245,000 jobs a month, the best job growth in two years. And even though their incomes haven’t gone up, Americans are spending more.

But if you compare this recovery to others since World War II, many analysts ask — what’s taken so long?

Some point the finger at President Obama’s economic policies.

Obama's Unilateral Nuclear Disarmament

By |2012-04-04T15:29:09-04:00April 4th, 2012|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published April 4, 2012 on The American Spectator website.

Perhaps you do not know that President Obama has asked the Pentagon to develop plans to reduce America’s nuclear arsenal by up to 80 percent. That would ultimately leave America with just about 300 nuclear weapons, down from a high of over 31,000 at the height of the Cold War.

In 2010, President Obama completed negotiations with Russia for a New Start Treaty, which reduces America’s nuclear warheads to 1,550. There were effectively no reductions in […]

Dupes for the State

By |2020-04-23T21:57:09-04:00April 4th, 2012|

This column by ACRU Policy Board Member and Professor of Economics Dr. Walter E. Williams was published April 4, 2012 on Townhall.com.

Public misunderstanding, ignorance and possibly contempt for liberty play into the hands of people who want to control our lives. Responses to my recent column “Compliant Americans” brought this home to me. In it, I argued that the anti-tobacco movement became the template and inspiration for other forms of government intrusion, such as bans on restaurants serving foie gras, McDonald’s giving Happy Meals with toys, and confiscating a child’s home-prepared lunch because it didn’t meet Department of Agriculture guidelines. A […]

From Hugs to Hand-Wringing: Watching the Legal Left Freak Out at the Supreme Court

By |2020-04-23T21:54:01-04:00April 2nd, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 1, 2012 on Breitbart.com.

Over the past several years, I’ve been to the Supreme Court dozens of times to cover cases. Some of them have been blockbusters such as the Citizens United v. FEC campaign finance case, the Snyder v. Phelps (crazy Westboro protesters) free speech case, and the McDonald v. Chicago Second Amendment case.

Yet the Obamacare case is in a class by itself.

There were national heavyweights in the courtroom each of the three days, but it was the red-carpet crowd on Tuesday for the individual […]

Obamacare Day 3: Does Medicaid Expansion Violate 10th Amendment?

By |2020-04-23T21:58:18-04:00April 2nd, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published March 31, 2012 on Breitbart.com.

For a century, legal scholars wondered if a federal spending program could ever violate the 10th Amendment by coercing the states to go along, since the states are sovereign and equal in stature to the federal government. The final issue the Supreme Court will decide is whether Obamacare’s massive expansion of Medicaid–and sticking the states with part of the price tag–is the first program to cross this constitutional limit.

As Paul Clement–the lawyer representing 26 states in the Obamacare case–summarized to the Court: “The expansion […]

Obamacare Day 3: Court May Strike Down Entire Law, Not Just Mandate

By |2012-03-30T18:35:15-04:00March 30th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published March 28, 2012 on Breitbart.com.

If the Supreme Court strikes down Obamacare’s individual mandate (which is very likely after yesterday), will it also strike down President Obama’s entire 2,700-page law? The justices signaled they might do so during the third day of Supreme Court arguments.

Most of the time when part of a law is invalid, courts “sever” that part from the rest of the law and save the rest. This ruling of “severability” often coincides with the law at issue having a severability clause, where Congress declares that if […]

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