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2013-07

July 31, 2013

Simon Lazarus, senior counsel at the Constitutional Accountability Center, said PPACA opponents are taking parts of PPACA out of context and ignoring the intent of the drafters of the law. "The text and purpose of the ACA are in harmony," Lazarus said. The drafters did not give opponents a stake they can plunge into PPACA's heart, Lazarus said.

July 31, 2013

But the Constitution tells us in no uncertain terms that equality is not to be apportioned based on popularity or political convenience. The courts should not shy away from applying the Constitution's guarantee of equality under the law; and, in fact, there are currently lawsuits pending in at least ten states that cite to the Constitution's guarantee of equality in an effort to overturn state limitations on marriage for same-sex couples. As these cases wind their way through the court system, the question of whether the Constitution guarantees a right to marriage equality that applies across the US could end up right back at the high court.

July 31, 2013

Simon Lazarus, senior counsel at the Constitutional Accountability Center, testified the administration’s interpretation of the law “is correct, that reviewing courts must defer to it, and that they should not and will not overturn it.”

July 30, 2013

The Supreme Court assessment could determine the scope of the president's power under the recess-appointments clause in the Constitution, but also the validity of months of decisions that the NRLB made after the recess appointments. No argument date is set. "I think it's likely there will be no effect on the pending Supreme Court case," Elizabeth Wydra, chief counsel of the Constitutional Accountability Center, said of the planned Tuesday confirmation votes in the Senate.

July 29, 2013

Specifically, the “inching right” sound-bite overlooks the most obvious, and potentially seismic, current influence on the Supreme Court’s conservative bloc. This is the recent surge of libertarianism among conservative academics, advocates, politicians and, of course, voters. For decades, and as recently as Barack Obama’s first year in the White House, libertarians were marginalized within the conservative pantheon. Now they rival, and in important areas threaten to displace social conservatives and big-government conservatives.

July 29, 2013

Lessig’s interactive treasure trove of founding-era material used technology unimaginable to Madison or Benjamin Franklin — but it contains the key to understanding how the framers of our Constitution understood political corruption and what sort of corruption they wanted the federal government to fight against. Justices who profess to be faithful to the Constitution’s original meaning cannot ignore these findings. Just as anti-corruption principles shaped the design of the Constitution, the court should uphold the power of the federal government to establish aggregate limits on campaign contributions to combat corruption.

July 25, 2013

“I think you’ll see more effort to use bail-in. Bail-in, in the past, has been used in some pockets of the country where preclearance didn’t apply,” [CAC Civil rights Director David] Gans said. “I think you’ll see more efforts by plaintiffs to show that states are engaged in intentional racial discrimination.”

July 25, 2013

Bipartisanship broke out in Washington last week. Thanks to a bit of statesmanship by Senators including John McCain (R-AZ), the Senate confirmed several of President's Obama's longest- waiting Executive Branch nominees and thereby made it unnecessary for Majority Leader Harry Reid (D-NV) to carry out a change to Senate rules to prevent filibusters over these nominees. Senator Reid's plan to change the Senate filibuster rules by a simple majority vote (rather than the two-thirds majority typically required for rules changes) has been threatened by both parties, but never executed.

July 24, 2013

CAC's Simon Lazarus joined John Batchelor on WABC to discuss the latest controversy over the Affordable Care Act, the Obama Administration's delay of the employer mandate implementation, as discussed in his recent piece for The Atlantic.

July 24, 2013

The liberal Constitutional Accountability Center, which has criticized what it sees as the court's pro-business slant, took a dim view of Mayer Brown's tally. Using a different filter—the win-loss record for cases in which the U.S. Chamber of Commerce participated—the center came up with an 82 per cent win rate for business. It viewed the corporate wins as one of the “big stories” of last term.

July 24, 2013

One outside group that has been pushing for the confirmation of all three of Obama's nominees called Grassley's tactics "unseemly." "Neither the D.C. Circuit, nor the Judicial Conference, has publicly taken the position that these seats on the D.C. Circuit should not be filled," Judith E. Schaeffer, vice president of the Constitutional Accountability Center, said in a statement. "It is unseemly -- and beneath the dignity of the judiciary and the Senate -- for a sitting senator to poll members of the court and rely on anonymous responses by presumably ideologically aligned members of the court to support his position," she added. "If Sen. Grassley wants the D.C. Circuit to weigh in, he should ask the court itself whether it has a position."

July 17, 2013

Doug Kendall, president of the left-leaning Constitutional Accountability Center, which backs the Obama administration in the case, said the White House has a strong desire to have the Washington appeals court's decision overturned because it interpreted the president's recess appointment power so narrowly. If the administration were to ask the Supreme Court to dismiss the case, the appeals court ruling would still be binding in future cases. "I don't think the administration can leave the ruling on the books," Kendall said.

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