As Simon Lazarus noted, delays of regulatory enforcement are common, and the courts rarely find the delay illegal unless it goes on indefinitely and can't be justified.
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Decisions such as delaying the Obamacare employer mandate “simply are utterly routine exercises of power and haven’t done anything to set precedents that would enlarge or could enlarge the future power of president,” [CAC Senior Counsel Simon] Lazarus said. “It is just a politically-driven piece of hyperbole to suggest otherwise.”
Others defend Obama, saying that the president's critics are using the Constitution as a political weapon. Mr. Lazarus says the critics "flout long-established Supreme Court precedent and they contradict the consistent practice of all modern presidencies, Republican and Democratic, to implement complex and consequential regulatory programs."
Constitutional Accountability Center Senior Counsel Simon Lazarus discusses President Obama’s use of executive action.
CAC's Simon Lazarus joined Ian Masters to discuss the Affordable Care Act and last-ditch conservative attacks on the law.
CAC's Simon Lazarus appeared on Consider This with Antonio Mora to discuss the powers of the presidency and the constitutional obligation to "take care that the laws be faithfully executed."
"Riley is one of the most important constitutional privacy cases the Court has heard in years, and could prove to be one of this term's blockbusters," said Elizabeth Wydra, chief counsel to the Constitutional Accountability Center, which had filed an amicus brief supporting Riley.
The Constitutional Accountability Center was one of several organizations that submitted briefs to the high court in support of a review. “While the (Constitution’s) framers were chiefly concerned about authorities rifling through one’s personal effects in the home, the modern reality is that we carry much of our most personal information with us on our smartphones every day,” the center’s chief counsel, Elizabeth Wydra, said in an email Friday. “Having the justices determine the scope of Fourth Amendment protections related to searches of smartphones is incredibly important.”
The Foundation for Research into Economics and the Environment is naturally keen to recruit federal judges, since its members are frequently engaged in high-stakes litigation. It is hard to imagine that any judge would be too dim to see the blatant conflict of interest in accepting a seat on its board, but Clement got an assist in that regard from the Constitutional Accountability Center in Washington.
Friedman’s ruling won’t stop the quest to overturn Obamacare. The Virginia challenge may yield an opposing decision (the presiding judge, Henry E. Hudson, has vilified the health care law in the past), and both rulings will face circuit court appeals. The plaintiffs’ challenge, says Simon Lazarus of the Constitutional Accountability Center, is to get a case to the Supreme Court quickly, so that the justices could still gut the law without taking away health coverage that millions of Americans have come to depend on.
On Monday, Solicitor General Verrilli spotlighted this big-picture originalist perspective. He paraphrased and cited Federalist #51. In closing, he warned that if the Court accepted the challengers’ invitation to intervene in this inter-branch “political fight,” that would, antithetical to the founders’ design, “write the recess appointment power out of the Constitution,” and “disarm one side.”
CAC's Elizabeth Wydra appeared on FOX News Channel's Real Story with Gretchen Carlson and Special Report with Bret Baier, in a piece by Shannon Bream discussing the Supreme Court argument in the case of NLRB. v. Noel Canning.