From Walter Olson: "[T]here are said to be internationally recognized rights to government-provided housing, day care, and even (at least in Europe) tourism. "These notions are at odds with longstanding ideas of sovereignty and national independence, as held by (among many others) the Founders of this Republic. That they could also pose more direct dangers to individual liberty is suggested by a news item that drew only passing attention a few weeks ago: Chicago Mayor and l

When saying one with follow precedent doesn't mean a lot. From a piece that I had at Fox News: Alarm bells should have gone off during Elena Kagan’s confirmation testimony to the Senate Judiciary Committee on Tuesday. Here’s what Kagan told Sen. Charles Grassley (R-Iowa): It has long been thought, starting from the “Miller” case, that the Second Amendment did not protect such a right. . . . Now the Heller decision has marked a very fundamental moment in the court's jurisprude

The first private lawsuit has been filed challenging the constitutionality of Obamacare. In addition to the general arguments against Obamacare, i.e. Commerce Clause objection, it brings up the privacy issue inherent in turning over one's medical information to an insurer. You still have to give a big, scary, mean corporation a lot of private medical and psychological information about yourself and your family. Then, forever after, the insurance corporation’s bureaucrats wil

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

Amicus brief filed in McDonald v. City of Chicago in support of petitioners.

On Wednesday, the New Hampshire Supreme Court heard arguments regarding a case that calls into question whether or not online commentators are protected by the First Amendment. The case of course has much wider implications involving what constitutes a viable media entity covered by the freedoms afforded under the First Amendment – even if that media entity is an anonymous pajama-clad blogger sitting in his/her basement churning out opinion columns. The case focuses on a mo

Yesterday, the Committee for Justice submitted an amicus (friend of the court) 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 Ameri

Both parties braced for a summertime confirmation battle over Supreme Court nominee Sonia Sotomayor, with the White House gathering a team t

The announcement that Justice Souter will be stepping down at the end of the term, while not a total shock, certainly focuses the attention