by Sam Ventola | Feb 14, 2016 | Constitutional
The In-Fighting Begins With the death of Justice Scalia, some Republicans are already committing to a policy of refusing to consider any replacement for the Supreme Court nominated by President Obama, or state that President Obama should not try to nominate anyone....
by Sam Ventola | Jun 26, 2015 | Constitutional
Today’s Decision In a 5-4 decision today in Obergefell v. Hodges, (with Scalia, Thomas, Alito and Roberts dissenting), the Supreme Court held that the 14th Amendment’s equal protection clause requires States to recognize gay marriage. The decision is somewhat...
by Sam Ventola | Jun 25, 2015 | Constitutional, Litigation
Today’s Ruling In its decision in King v. Burwell, today, the U.S. Supreme Court, by a 6-3 vote, interpreted the Affordable Care Act (“Obamacare”) in the manner requested by the Obama administration. Specifically, the Court held that tax credits are...
by Sam Ventola | Dec 18, 2014 | Constitutional, Litigation
Oklahoma and Nebraska sue Colorado over Marijuana In our last entry, we explored the issue of “prosecutorial discretion,” particularly as it involved President Obama’s executive amnesty for certain illegal immigrants. With today’s news comes another story created by...
by Sam Ventola | Dec 17, 2014 | Constitutional
Definitions and Decisions Very often, a legal question comes down to a decision as to where to draw the line. Is something legal or prohibited? Does something belong to this person or that one? Lawyers and judges are left to interpret cases, statutes, and...
by Sam Ventola | Dec 1, 2014 | Constitutional, First Amendment, Litigation
Social Media Concerns If you have teenagers, you have no doubt heard the argument that some awful thing posted on Facebook or other social media should be ignored because “it’s just song lyrics.” Song Lyrics Anthony Elonis tried that defense too. It hasn’t worked so...
by Sam Ventola | Jun 30, 2014 | Constitutional, First Amendment, Litigation, RFRA
Supreme Court Rules Today, the U.S. Supreme Court found in favor of the companies’ religious freedom in Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius. In each case, the companies argued that the requirement to provide abortion...
by Sam Ventola | Mar 29, 2014 | Constitutional, RFRA
‘I don’t know what you mean by “glory”,’ Alice said. Humpty Dumpty smiled contemptuously. ‘Of course you don’t — till I tell you. I meant “there’s a nice knock-down argument for you!”‘ ‘But...
by Sam Ventola | Oct 6, 2012 | Constitutional, First Amendment
The current debate on contraception reveals some confusion between people as to the meaning of “rights” and “freedom.” The following is meant to try to clarify the debate. Health Care Law At issue is the current health care law which requires all employers to provide...
by Sam Ventola | Jun 22, 2011 | Constitutional
The Current Controversy – Libya The current controversy regarding military involvement in Libya, and whether congressional authorization is required, raises an instructive lesson in constitutional interpretation. As you probably know, President Obama has...
