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September 25, 2013

The United States Court of Appeals for the District of Columbia Circuit has been a hot topic of late, what with Senator Charles Grassley and other Senate conservatives trying to prevent President Obama from filling three vacancies on that court (out of 11 authorized seats) by claiming that the court does not need the judges.  Senator Grassley and his allies have gone so far as to introduce a bill that would eliminate those three judgeships from the court entirely -- cutting the court’s authorized seats by nearly 30%.   As we’ve previously shown (see links here), these efforts are nothing more than a hyper-partisan, hypocritical effort to keep President Obama from putting judges on this court.

September 19, 2013

The next big test of corporate personhood is inching closer to Supreme Court review.  Deepening an already existing circuit split, the Sixth Circuit has become the second federal court of appeals to reject the argument that business corporations can evade the provisions of the Affordable Care Act and its regulations requiring them to provide their female employees with access to the full range of FDA-approved contraceptives because the law allegedly burdens the corporations’ right to the free exercise of religion.  In a ruling handed down on Constitution Day itself, the Sixth Circuit unanimously held that Autocam Corporation, a for-profit corporation engaged in auto manufacturing, was not a “person capable of religious exercise as intended by RFRA [the Religious Freedom Restoration Act]”...

September 17, 2013

If you haven’t watched Senator Elizabeth Warren’s recent address to the AFL-CIO Convention, you should.  Senator Warren occupies the Senate seat once held by Ted Kennedy, and she is quickly proving herself to be a worthy successor, speaking powerfully to the concerns of economic justice that dominated Senator Kennedy’s work during his last two decades in the Senate.  Few politicians on the national stage right now are as effective as Senator Warren in channeling the anger of hard-working Americans as the rich get richer a

September 16, 2013

Justice Antonin Scalia took the opportunity to emphasize the genius of the Framer’s structural design in his Constitution Day talk at George Washington University today, co-sponsored by the Constitutional Sources Project.  Saying “structure is destiny,” Scalia explained that without a properly balanced republican government that is responsive to the needs of the people, the rights and liberties we hold dear from the Bill of Rights would be nothing more than parchment guarantees.