Archive for the ‘Uncategorized’ Category

Where judicial activism morphs into disregard. Interesting article. The Ninth Circuit is maintaining its role as the most reversed circuit. Some excerpts below: Four times this month the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals. Four times the Big Bench unanimously reversed Ninth U.S. Circuit Court of Appeals decisions. Unanimous […]

Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com. This is an interesting decision, written by a court that appeared intent on chastising the lower appellate tribunal.  If the supreme court analysis of Illinois law was correct, this is a classic case of judicial activism.  Opinion here: Rahm Some excerpts from the decision below: […]

Well, as I write this, the arguments are underway in federal court in Pensacola on the cross motions for summary judgment in the case challenging the constitutionality of Obamacare.  For those of you following this case closely, attached are the parties motions and responses that are being argued today:   Plaintiffs MSJ-Memo; Plaintiffs MSJREPLY ; Plaintiffs […]

The Wall Street Journal has an article today about the attorneys who have done some of the litigation and discovery that has uncovered alleged “robo-signers.  Clearly, there is no excuse if employees of the banks have made false representations in documents, but this issue begs the question of the impact any misrepresentations should have on […]

Today Judge Vinson issued his order on President Obama’s motion to dismiss in the health care lawsuit that Florida and other states have filed in the northern district. The key count, the unconstitutionality of the individual mandate requiring purchase of health care or a penalty survived, as did a coercion count in regard to the […]

Amending the Constitution by Convention: A Complete View of the Founders’ Plan | Goldwater Institute.  The Goldwater institute has put out an interesting historical argument in support of limited constitutional conventions being contemplated by the founders. Most of the conclusions reached in the report are fairly non- controversial, with the exception of the analysis of […]

Comes a Horseman – Article – National Review Online. Have you ever wondered where the term “living constitution” originated? Well, this article will give you the answer. Seriously, this article is an excellent read on the change that occurred when FDR threatened to pack the court, and provides a good historical basis to see the […]

This was a busy, but intellectually rich weekend for me. On Friday I was in Orlando speaking at a Republican National Lawyers Association (RNLA) event on voter registration,early voting and absentee ballots, and pre- election legal challenges.  I then had to fly to Atlanta to participate in a symposium that was being co-hosted by the […]

With a very rapid ruling, oral argument only having been held this morning, the 11th Circuit has preliminarily enjoined Florida from paying our any state funds to McCollum once Scott exceeds the 24.9 million cap. Opinion is attached scotts-appeal-ruling.  Basically, the court held that Scott’s speech would be impaired, Strict scrutiny would apply, no compelling […]

The Federal Government had just filed its motion to dismiss and memo of law in support in the case Attorney General McCollum filed in the Northern District of Florida, Case No. 3: 1 O-cv-91-RV/EMT.  The memo of law is here DOJ MTD Memo 55-1.  Analysis of the points raised in the motion will follow. The […]