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Ken Klukowski

Cain’s 9-9-9 makes Washington a ruling authority

Herman Cain’s signature 9-9-9 proposal has two problems. First, it’s unconstitutional, and second, it’s not conservative because it transforms Washington from the head of a federal republic into a centralized ruling authority. Cain proposes scrapping the current tax code and replacing it with a 9 percent personal income tax, 9 percent corporate income tax, and 9 percent national sales tax. Read More

Obamacare decision looms

Obamacare’s fate will almost certainly be decided by the Supreme Court of the United States in 2012, either in June or shortly after November’s election. And neither conservatives nor President Barack Obama can be sure whether they want a decision before or after the election. There are more than 30 Obama-care cases at some stage of litigation nationwide. Read More

Appeals decisions on Obamacare shape Supreme Court battlefield

The Virginia-based 4th Circuit’s two Obamacare decisions virtually guarantee Florida’s Obamacare case will be the one heard by the Supreme Court next year. Only five Obamacare cases are really significant. Two of these are the ones pursued by Virginia Attorney General Ken Cuccinelli, and Liberty University’s case argued by its law school dean, Liberty Counsel Chairman Mat Staver. Read More

US agency tries to tell school that it’s not ‘religious enough’

It’s not enough for the National Labor Relations Board to decree that Boeing Corporation cannot build a new airliner production facility in South Carolina. Now the NLRB is also claiming the authority to dictate labor policies and order union elections at Catholic universities if they are “not religious enough.” Read More

Federal appeals court: Saying “Jesus” during public prayer is unconstitutional

Federal appeals court: Saying “Jesus” during public prayer is unconstitutional As in most counties in America, the Board of Commissioners of Forsyth County, North Carolina, begins its public meetings with an invocation. These prayers are given by local religious leaders on a first-come, first-serve basis. Read More

Class-action loss for lawyers

Trial lawyers cannot sue drug manufacturers for defective warning labels on generics if labels were approved by the U.S. Food and Drug Administration, according to the U.S. Supreme Court. The 5-4 Pliva v. Mensing decision announced last week was a defeat for class-action trial lawyers hoping to profit on litigation based on allegations Pliva grew out of the fact that the medicine Reglan can cause certain neurological side effects. Read More

Last arguments on health care reform

Obamacare is likely facing its last stop before heading to the Supreme Court next year. On Wednesday, the 11th Circuit U.S. Court of Appeals in Atlanta heard oral arguments in the biggest Obamacare case in the country. This is the Obama administration’s appeal in Florida v. U.S. Department of Health and Human Services. Read More

Arizona gains in fight to punish employers of illegal immigrants

Arizona won a round in the national fight over immigration last week in a case with implications for the 2012 election. Read More

Fate of Obamacare may hinge on whether mandate is ruled a tax

Federal appeals judges dropped an Obamacare bombshell this week that could change the timetable for when the U.S. Supreme Court will ultimately decide whether the president’s signature law is unconstitutional. Two major lawsuits challenging the constitutionality of Obamacare were argued May 10 before the U.S. Court of Appeals for the 4th Circuit. Read More

California trial lawyers lose in Supreme Court

Congress’ decades-old federal arbitration law cannot be set aside by a trial-lawyer-friendly rule in states like California, the Supreme Court said in a decision last week with big implications for the future of American litigation. Litigation can be cumbersome and tedious. It’s often drawn out and exasperatingly slow. And with so many lawyers billing by the hour, litigation can be very, very expensive. Read More
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