Today the Supreme Court hears oral argument in the biggest campaign finance case since Citizens United, and the Committee for Justice has weighed in on the side of free speech. CFJ’s amicus brief in today’s case, McCutcheon v. FEC, supports the Republican National Committee and campaign donor Shaun McCutcheon in their First Amendment challenge to the aggregate contribution limits imposed by McCain-Feingold.
Statement of Committee for Justice president Curt Levey on President Obama’s announcement today of three nominations to the DC Circuit:
President Obama’s high-profile announcement today of three DC Circuit nominees – left-wing law professor Cornelia Pillard, U.S. District Court Judge Robert Wilkins and appellate attorney Patricia Ann Millett – is intended to provoke a fight with Senate Republicans rather than to address any need for additional judges on the Circuit. A battle over these nominees is inevitable, both because the DC Circuit already has more judges than it needs and because nominees to this Circuit – the most powerful court in the nation after the Supreme Court – are subject to a higher level of scrutiny.
An alarming precedent was set today when the U.S. Supreme Court decided 5-4 in Maryland v. King that the police can take DNA samples from those arrested for, but not yet convicted, of a serious offense.
In a devastating dissent joined by three of his colleagues, Justice Scalia explained why the majority’s decision is a big step towards a dangerous loss of liberty and privacy. “Make no mistake about it: As an entirely predictable consequence of today's decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason,” Scalia wrote, reminding us that “Nearly one-third of Americans will be arrested for some offense by age 23.”
This week, the Committee for Justice filed an amicus curiae brief in McCutcheon v. FEC, the next big campaign finance case before the U.S. Supreme Court. CFJ’s brief supports the Republican National Committee and individual plaintiff Shaun McCutcheon in their First Amendment challenge to the aggregate contribution limits imposed by McCain-Feingold. The Supreme Court will hear arguments in the case this fall. CFJ president Curt Levey described the brief as “part of CFJ’s continuing effort to battle judicial activism. Prior to the Roberts Court, the Supreme Court functioned more as legislators than judges on this issue, bending the First Amendment to accommodate the push for campaign finance reform. The result is a politically convenient b...
The Transportation Security Administration has failed to comply with the D.C. Circuit Court’s order to make a notice-and-comment rulemaking on its use of the Advanced Imaging Technology (also known as body scanners). Jim Harper explains that the TSA needs to follow the law and has begun a petition to the White House for the TSA to adhere to the D.C. Circuits Court ruling.
“Defying the court, the TSA has not satisfied public concerns about privacy, about costs and delays, security weaknesses, and the potential health effects of these machines. If the government is going to ‘body-scan’ Americans at U.S. airports, President Obama should force the TSA to begin the public process the court ordered.”
The media coverage leading up to today’s Supreme Court argument in United States v. Arizona has focused almost entirely on the issue of illegal immigration. But the most important issue in the case is not immigration policy or even the specifics of whether some or all of Arizona’s immigration law is preempted by federal law. The most profound impact of this case will likely be on the constitutional balance of power between the states and the federal government, an issue that goes back to the nation’s founding and will always be at the heart of any debate about the nature of our democracy, long after the issue of immigration has faded from the headlines.
In a Supreme Court amicus (friend of the court) brief submitted by the Committee f...
Today, the Committee for Justice submitted an amicus (friend of the court) brief in each of the two biggest cases before the Supreme Court this term, the ObamaCare case (HHS v. Florida) and the Arizona immigration case (U.S. v. Arizona).
Yesterday, the Committee for Justice submitted an amicus brief in McDonald v. Chicago, the landmark Second Amendment case in which the Supreme Court will decide whether the right to keep and bear arms applies to state and local gun laws. District of Columbia v. Heller, the High Court’s 2008 decision recognizing the Second Amendment as an individual right, left the question of incorporation to the states unaddressed. The Family Research Council, the American Civil Rights Union, and Let Freedom Ring are also amici on the brief, written primarily by Kenneth Klukowski.
Regarding CFJ’s interest in the case, the brief explains that “At the core of CFJ’s mission is the need for objective judicial interpretation of the United States Constitut...