Court Cases
Can the Government Force Us to Eat Broccoli?
With President Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court, the Affordable Care Act — Obamacare — is back in the news. Barrett expressed constitutional misgivings about Obamacare 10 years ago when she was a professor at Notre Dame...
Federal Judge Blasts Qualified Immunity then Grants it Anyway
Another local cop got away with abusing an individual’s rights thanks to qualified immunity and the incorporation doctrine. U.S. District Court Judge Carlton W. Reeves wrote a stinging rebuke of the doctrine of qualified immunity before granting it to Richland...
The Supreme Court’s Dereliction of Duty on Qualified Immunity
by Jay Schweikert, CATO Institute Monday morning, the Supreme Court denied all of the major cert petitions raising the question of whether qualified immunity should be reconsidered. This is, to put it bluntly, a shocking dereliction of duty. As Cato has argued for...
The Incorporation Doctrine and the Bill of Rights
In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of federal courts policing rights at the state and local level will point to the 14th Amendment. They argue...