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  • Commentary posted January 17, 2017 by Robert E. Moffit, Ph.D. Obamacare repeal and replacement: The case for moving quickly

    President-elect Donald Trump has repeatedly promised voters he will repeal and replace the Affordable Care Act. Now he and his congressional allies have an obligation to fulfill that promise. Despite some hysterical claims to the contrary, Congress isn’t going throw millions of Americans out of coverage. Under Obamacare, most newly insured people have been enrolled in…

  • Commentary posted January 16, 2017 by David R. Burton Needed Policy Reforms to Improve Entrepreneurs Access to Capital

    Capital formation and entrepreneurship improve economic growth, productivity and real wages. Existing securities laws impede entrepreneurial capital formation. To promote prosperity, Congress and a reconstituted Securities and Exchange Commission need to systematically reduce or eliminate state and federal regulatory barriers hindering entrepreneurs’ access to capital.…

  • Commentary posted January 16, 2017 by Michael Sargent Metro's 'Watchdogs' Are Part of the Problem

    Politicians often obscure the truth. A mailer sent to weary commuters in Virginia’s 11th Congressional District last summer certainly seemed to follow this unfortunate tradition, even though it was, ostensibly, a public “service to constituents” rather than a campaign ad. Adorned with a picture of the Wiehle-Reston East Metro Station and a portrait of Rep. Gerry…

  • Commentary posted January 13, 2017 by Elizabeth Slattery Bill of Rights at 225: As Government Grows, so Does Need for Fifth Amendment

    We're all familiar with "pleading the Fifth" - the privilege against self-incrimination. But there's a lot more to the Fifth Amendment than that. Along with the Sixth Amendment, it lays the foundation for how government must treat suspects - providing all of us with several protections from arbitrary and abusive government actions. Under its grand jury requirement…

  • Commentary posted January 13, 2017 by Paul Larkin Bill of Rights at 225: Fundamental Elements of a Fair Trial

    If you ever suffer the misfortune of being charged with a serious crime, you will be glad that the Sixth Amendment exists. It contains the minimal requirements necessary to prevent the federal and state governments from convicting and punishing an innocent person or from railroading a defendant, whether guilty or innocent, by using a Soviet-era "show trial" as the…

  • Commentary posted January 6, 2017 by Robert E. Moffit, Ph.D. The Medicare Voucher Rumor Is Just More 'Fake News'

    “Destroying traditional Medicare in favor of a privatized CouponCare system is at the top of the Republican agenda.” So warns [3] the National Committee to Preserve Social Security and Medicare. Sen. Joe Donnelly, the Indiana Democrat, vows [4], “I will oppose any effort to privatize Medicare or turn it into a voucher program in the future.” Meanwhile,…

  • Commentary posted January 6, 2017 by Robert E. Moffit, Ph.D. Liberals’ fear and loathing of private Medicare plans

    President-elect Donald Trump has picked Rep. Tom Price, Georgia Republican, to be the next secretary of Health and Human Services (HHS), and incoming Senate Minority Leader Charles E. Schumer, New York Democrat, doesn’t like it one bit. To hear Mr. Schumer tell it, Mr. Price will wage a “war on seniors,” trying to “privatize” Medicare and thereby putting “seniors’ health…

  • Commentary posted December 20, 2016 by Alden Abbott Supreme Court’s Samsung v. Apple Decision and the Status of Design Patents

    On December 6 the U.S. Supreme Court handed down its much anticipated decision in Samsung Electronic Co. v. Apple Inc.  The opinion deferred for another day clarification of key policy questions raised by the design patent system. Writing for a unanimous Court, Justice Sonia Sotomayor reversed and remanded a Federal Circuit decision upholding a $399 million damages award…

  • Commentary posted December 20, 2016 by Hans A. von Spakovsky Behold the Left's Manufactured Hysteria About GOP Obstruction of Judicial Nominees

    Liberal hysteria is nothing new. But over the last six months, the Left’s manufactured outrage over the Senate’s refusal to confirm Merrick Garland to the Supreme Court has hit new heights. Now they’re making the false claim that Republicans have deliberately obstructed all Obama-nominated judges, even down to the federal district court level. Marge Baker, executive vice…

  • Commentary posted December 20, 2016 by Hans A. von Spakovsky Bill of Rights at 225: The Very Successful Third Amendment

    Throughout our nation's history, vigorous debates and court battles have raged over the meaning and extent of the protections provided by different parts of the Bill of Rights. Many of these arguments have centered on the First, Second, Fourth, and Fifth Amendments. But there have been virtually no fights at all over the Third Amendment. Some might claim this is a sign…

  • Commentary posted December 20, 2016 by Hans A. von Spakovsky Fourth Circuit Upholds Virginia’s Voter-ID Law

    In a loss for Hillary Clinton’s lawyer, the court dismissed the idea that the law is discriminatory or unconstitutional. In a unanimous decision, a three-judge panel of the Fourth Circuit Court of Appeals on Tuesday upheld Virginia’s voter-ID law. The lawsuit, bankrolled largely by George Soros and filed by the Democratic Party of Virginia, had contended that Virginia’s…

  • Commentary posted December 19, 2016 by Alden Abbott December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas

    In recent years, aggressive antitrust enforcement overseas has increasingly targeted some of America’s most successful and innovative companies, such as Apple, Google, Microsoft, and Qualcomm.  Inadequate foreign due process and insufficient protection for American intellectual property rights are a feature of many foreign antitrust actions, which threaten to undermine…

  • Commentary posted December 16, 2016 by Paul Larkin The Demise of Capital Clemency

    Over the last four decades, numerous commentators have criticized the institution of executive clemency. Opponents of capital punishment have been particularly vocal. Their principal complaint has been that, with a few isolated exceptions, far too many chief executives have granted condemned prisoners clemency far too infrequently. This is an unfortunate…

  • Commentary posted December 16, 2016 by Alden Abbott A Strong Competition Policy Prescription for a New U.S. Administration

    1. The new Donald Trump Administration (DTA) will have the opportunity to apply American antitrust and competition policy in a manner that promotes economic efficiency, consumer welfare, and economic growth. 2. Ideally, the DTA should adopt a broad-based competition policy that includes, but goes beyond, vigorous antitrust enforcement. In particular, the DTA should work…

  • Commentary posted December 15, 2016 by Hans A. von Spakovsky Threatening Electors Violates Federal Law. So Why Isn't Loretta Lynch Doing Anything About It?

    Before Donald Trump’s stunning victory on November 8, liberals called for acceptance of election results. But since the election didn’t go as they’d planned, some have taken to harassing and intimidating electors in an attempt to change the election results. Some of these threats may violate federal law, yet the Justice Department acts strangely uninterested in…