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White House Violates Law with Obamacare Delay

By |2013-07-03T13:47:59-04:00July 3rd, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published July 2, 2013 on Breitbart.com.

Obama administration officials are illegally delaying enforcement of a central provision in the president’s namesake legislation in a desperate attempt to manipulate the 2014 midterm elections and swell the ranks of those who look to government for healthcare.

The White House is beginning to sense that when Americans realize the price of “free” healthcare, they’re likely to take swift vengeance on those responsible.

Section 1513 of the Affordable Care Act (ACA, better known as Obamacare) requires all large employers to provide health insurance for […]

ACRU: Supreme Court Gets It Right in Property Case

By |2013-06-28T13:43:10-04:00June 28th, 2013|

Ruling mirrors ACRU’s brief that Florida officials resorted to unconstitutional coercion against land owner.

WASHINGTON, D.C. (June 28) – The U.S. Supreme Court on June 25 in a 5-4 ruling smacked down Florida officials who tried to coerce a landowner into paying for improvements to a piece of property in order to obtain needed permits for an entirely unrelated parcel.

The Court essentially agreed with the argument made in the American Civil Rights Union’s amicus brief that the demand amounted to an unconstitutional “taking” of property that violates the Fifth Amendment.

The brief in Coy A. Koontz v. St. John’s River Water Management District, […]

Reconfirming the Constitution

By |2013-06-27T06:39:57-04:00June 27th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Welfare Reform (CCWR) Peter Ferrara was published June 26, 2013 on The American Spectator website.

Section 2 of the Voting Rights Act bans any “standard, practice, or procedure” that “results in a denial or abridgement of the right of any citizen… to vote on account of race or color.” After yesterday’s Supreme Court decision in Shelby County v. Holder, that is still the law in America, in every state in the country.

What was struck down yesterday was another component of the Voting Rights Act, embodied in Sections 4 and 5. […]

Obama's Unaffordable Act

By |2013-06-20T13:54:02-04:00June 20th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Welfare Reform (CCWR) Peter Ferrara was published June 19, 2013 on The American Spectator website.

When he was campaigning for President in 2008, President Obama told the American people his health reform plan would reduce family health insurance premiums by $2,500 a year. But I knew then, and now we know he did too, that just the opposite would be true.

Earlier this month, on a campaign swing through California, President Obama said regarding the insurance company premium bids that are starting to come through on the Obamacare state Exchanges for […]

States Can't Require Proof of Citizenship to Vote in Federal Elections

By |2013-06-18T06:00:47-04:00June 18th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published June 17, 2013 on Breitbart.com.

The Supreme Court ruled today in Arizona v. Inter Tribal Council that federal law does not allow states the option of requiring voters to prove they are American citizens when they register to vote.

The National Voter Registration Act of 1993 (NVRA, or “Motor Voter”) creates a standardized national system for registering to vote in federal elections. It allows for registration three ways: (1) in person, (2) when you get your driver’s license, or (3) by mail.

The Election Assistance […]

The Magic, Fairy Dust Naivete That Is Progressive Economics

By |2013-06-17T22:44:26-04:00June 17th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Welfare Reform (CCWR) Peter Ferrara was published June 16, 2013 on Forbes.com.

Let’s proclaim the Good News: Government money is free. No, not just to the beneficiaries of government programs. To society as a whole. Meaning there is no economic cost to government spending whatsoever. The more the government spends, the richer we will all be. Let the Good Times roll.

That is the foundational principle of Keynesian economics, which is heart and soul “Progressivism.” Every Paul Krugman column can just […]

Obama Threatens Veto of Religious Protection for Military

By |2013-06-14T13:46:55-04:00June 14th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published June 12, 2013 on Breitbart.com.

Breitbart News reported last week that Rep. John Fleming (R-LA) passed an amendment in the House Armed Services Committee protecting religious speech of service members in the military. President Barack Obama has now threatened to veto the bill if it passes the full House and Senate.

The White House released a Statement of Administration Policy (SAP) on H.R. 1960, the National Defense Authorization Act of 2014. Among other items, the SAP includes as an objection to the bill:

Expansion and Implementation of Protection of […]

Obama's DC Judges: Democrats Started the Fight

By |2013-06-05T07:29:26-04:00June 5th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published June 4, 2013 on Breitbart.com.

Last week we reported that President Obama’s agenda may depend on how many judges he can appoint to the U.S. Court of Appeals for the D.C. Circuit. Today Obama nominated three legal heavyweights to fill every vacancy on the D.C. Circuit, potentially setting up a historic battle over how the Senate confirms judges.

There are eleven seats on the D.C. Circuit, which hears most challenges to agency actions (the primary focus for Obama’s agenda since he cannot move major liberal legislation through Congress). There were […]

Scalia Dissents on SCOTUS Decision Upholding DNA Samples of Arrestees

By |2013-06-05T06:42:38-04:00June 5th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published June 3, 2013 on Breitbart.com.

Constitutional protections do not forbid police from taking DNA samples from those arrested for serious crimes, according to the Supreme Court in its 5-4 decision Monday in Maryland v. King.

If someone is arrested on suspicion of having committed certain felonies (not lesser crimes), Maryland law authorized police using a cotton swab to take a DNA sample. Police would then check to see if that DNA matches unsolved crimes in other cases.

All 50 states allow taking DNA from people who are convicted of […]

Obama's Agenda Depends on Packing the DC Circuit Court

By |2013-05-29T15:54:55-04:00May 29th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published May 29, 2013 on Breitbart.com.

President Barack Obama is finalizing an aggressive strategy to pack a court. It’s not the Supreme Court; it’s the U.S. Court of Appeals for the District of Columbia Circuit. Whether Obama’s agenda succeeds or fails turns on whether he remakes that court in his image, and Republicans are preparing for battle.

Last week, Breitbart News reported that Sri Srinivasan had been unanimously confirmed as a judge on the D.C. Circuit, and that half the justices on the U.S. Supreme Court came from that court. There […]

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