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February 28, 2011

Spending a full year as a pending judicial nominee is nothing to celebrate.  Senators should heed the pleas of Judge Kozinski and his colleagues, move quickly to report Goodwin Liu’s nomination out of Committee, and then move promptly to confirm him and fill this judicial emergency seat.

February 8, 2011

Undeterred by the actual text and history of our Constitution, Cato joins an impressive array of forces that have been doing everything they can to convince Americans that our Constitution somehow establishes a weak central government incapable of acting to address national issues like health care reform, environmental protection, and financial system reform.

February 6, 2011

As reported in several media outlets this week – including The Hill, Associated Press, and MSNBC – Senator Orrin Hatch (R-UT)

February 4, 2011

From district court judges to the Senators at this week's Judiciary Committee hearing on the constitutionality of the Affordable Care Act, it seems no one can talk about health care reform without mentioning broccoli.

February 3, 2011

District Judge John Bates heard more than three hours of oral argument on the constitutionality of Congress’ near-unanimous 2006 decision to renew the preclearance provision of the Voting Rights Act, one of the Act’s most important and successful provisions. 

February 3, 2011

We laid out the powerful case for reading the Privileges or Immunities Clause to protect a wide panoply of unenumerated substantive fundamental rights, including rights of hearth and home that were critically important to ensuring freedom for the newly freed slaves. 

February 1, 2011

It’s rare to find a lower court ruling that is so badly out of line with both text and history and so many foundational Supreme Court precedents.  Vinson’s opinion should be dead on arrival at the Eleventh Circuit.

February 1, 2011

The decision by Senate Republicans to place freshman Senator Mike Lee (R-UT) on the Senate Judiciary Committee, breaking their own rule against two Republicans from the same state serving on the same committee (Senator Orrin Hatch (R-UT) is a long-serving member of the Committee), raises the following question: do serious conservatives really want to affiliate themselves with Mike Lee’s wacky views of the Constitution?