May 10, 2013 | 57 comments
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April 23, 2013 | 81 comments
April 16, 2013 | 12 comments
A supposedly conservative judge pushes big-government madness.
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This is an overwhelmingly important facet of a free society under the rule of law. Only our elected representatives, acting through constitutional processes, can create law. They can bestow some interpretive authority on those executive-branch officials who are charged with administering the law, but the officials cannot go beyond the authority expressly granted to them. Otherwise, we are no longer a republic, but an authoritarian administrative state.
If anything, Henderson took it easy on Kavanaugh. She didn’t even note all the areas where his decision was sloppy and its attempts at logic severely lacking — including one instance where he claimed plaintiffs were making an argument that actually was the direct converse of what their real point was. (Sorry: Explaining the details of that one is not worth the digression.)
Kent Masterson Brown, attorney for the plaintiffs, wrote this to me last week:
[Kavanaugh’s decision] addresses a question we not only did not ask, but instructed the Court, in writing, that we were not asking because the question was wholly inappropriate to any consideration of the case. We did not ask the Court to order Plaintiffs to disclaim their entitlements to Medicare, Part A. Yet, Judge Kavanaugh spent all five of his pages on that issue alone. His opinion is notable because he cites no law whatsoever!… Kavanaugh asks a question not before the Court, and reaches an answer based upon conclusions that are based upon a reading of the law that is patently incorrect.
Judge Henderson, in a footnote, describes the POMS themselves as “an aggravated assault on the English language.” She could just as easily have been describing Judge Kavanaugh’s decision. If upheld, it will again expand the compulsory power of the federal government, and thus it will also amount to an aggravated assault on freedom.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?