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  • Commentary posted September 16, 2014 by Hans A. von Spakovsky When Politics Drives Law Enforcement

    One of the biggest threats to a civilized, free society occurs when prosecutors abuse their power and allow politics to drive their administration of the criminal-justice system. Two recent examples show how liberal, partisan prosecutors misused their authority and politicized justice. In Fall River, Mass., the New York Times reports, a local county prosecutor, Sam…

  • Commentary posted September 10, 2014 by Hans A. von Spakovsky John Chisholm, other prosecutors put free speech at risk in John Doe case

    Oral arguments were heard Tuesday before the 7th Circuit U.S. Court of Appeals in O'Keefe vs. Chisholm, the so-called John Doe investigation in which local prosecutors in Wisconsin tried to criminalize political speech and activity on public issues. The 7th Circuit should uphold the lower court decision halting this Star Chamber investigation that violated basic First…

  • Commentary posted September 8, 2014 by Hans A. von Spakovsky Wisconsin Prosecutors’ Attack on the First Amendment Gets to the Seventh Circuit

    Those following the so-called John Doe investigation in Wisconsin know that a federal judge issued a preliminary injunction shutting down the secret investigation that local prosecutors were conducting into almost all of the conservative advocacy organizations in Wisconsin. Their crime? Supposedly coordinating their efforts on public-policy issues with elected officials…

  • Commentary posted August 20, 2014 by Hans A. von Spakovsky The Administration’s Latest Abuse: Impeding IGs and Hiding the Truth From the American People

    In an unprecedented letter, a majority of the federal government’s inspectors general (IGs) claim that the Obama administration is obstructing their investigations into government mismanagement and corruption. So much for President Obama’s claim that his would be the most transparent administration in history. And it truly IS unprecedented. Rep. Darrell Issa (R-Calif.),…

  • Commentary posted August 20, 2014 by Hans A. von Spakovsky Holder Loses in the Carolinas—Again

    Attorney General Eric Holder suffered a huge loss on Friday in his war on election integrity. A federal judge refused to issue a preliminary injunction against North Carolina’s omnibus election reform law that includes voter ID, as well as measures such as the elimination of same-day registration. In three cases filed by the Justice Department, the NAACP, the League of…

  • Commentary posted August 20, 2014 by Hans A. von Spakovsky, Roger Clegg Republicans Are Sponsoring a Terrible Senate Resolution

    Why would federal lawmakers want to encourage racial and ethnic discrimination? Unfortunately, Republican senators Tim Scott (S.C.), Deb Fischer (Neb.), Rob Portman (Ohio), Rand Paul (Ky.), and Marco Rubio (Fla.), as well as Senate Democrat Mark Pryor (Ark.), recently introduced a resolution that would do just that. S. Res. 511 “encourages corporate, academic, and social…

  • Legal Memorandum posted August 18, 2014 by Hans A. von Spakovsky The Obama Administration’s Attempt to Balkanize Hawaii

    In its latest attempt to violate the limits of its constitutional authority, the Obama Administration has issued an Advance Notice of Proposed Rulemaking (ANPR) —new regulations that will determine whether the Department of the Interior will “reestablish” a “government-to-government relationship between the United States and the Native Hawaiian community.”[1] The ANPR…

  • Commentary posted July 30, 2014 by Hans A. von Spakovsky, Elizabeth Slattery Obama Administration Turns to “Hand-Packed” Court

    When it comes to defending Obamacare subsidies, the Justice Department appears none too eager to take its case to the Supreme Court. Instead, the administration announced it would appeal Tuesday’s adverse ruling by a three-judge panel of the D.C. Circuit Court of Appeals to… the full D.C. Circuit Court of Appeals. President Obama, it seems, likes his chances with the full…

  • Commentary posted July 24, 2014 by Hans A. von Spakovsky Obamacare’s Almost Surely Going Back to the Supreme Court

    And there you have it, ladies and gentlemen: two different federal courts of appeal, issuing completely contradictory rulings on the very same day, on the very same issue. That’s what happened Tuesday. If nothing else, the dueling rulings should hasten the day when the next phase of litigation involving the Patient Protection and Affordable Care Act reaches the Supreme…

  • Commentary posted July 17, 2014 by Hans A. von Spakovsky Eric Holder's Animus Towards His Critics

    Were you aware that  your opposition to Attorney General Eric Holder and President Obama is due at least in part because of your “racial animus,” and not because you disagree with their policies and abuse of their constitutional authority? That, anyway, is Holder’s latest claim, which shows how disconnected the attorney general is from reality. It is also more evidence…

  • Commentary posted July 8, 2014 by Hans A. von Spakovsky Eric Holder’s long losing record before the Supreme Court

    If Eric Holder were a baseball player, he’d have been benched long ago — if not kicked off the team. His batting average before the Supreme Court is abysmal, losing again and again in his efforts to undermine the Constitution. This term featured four big strike downs. First was Burwell v. Hobby Lobby, in which the Supremes tossed out ObamaCare’s contraceptive abortion…

  • Commentary posted June 11, 2014 by Hans A. von Spakovsky Obama's Enforcer

    Attorney General Eric Holder’s Justice Department gave bad advice to President Obama and the Pentagon in the controversial Bergdahl prisoner trade that the president could ignore federal law requiring prior notification to Congress. This is just the latest example of how Holder helps the administration ignore the rule of law and crafts his “legal” opinions based on the…

  • Legal Memorandum posted June 2, 2014 by Hans A. von Spakovsky, Elizabeth Slattery Amending the First Amendment: How the Campaign Finance Amendment Will Silence Free Speech

    An effort is underway in the Senate to amend the Constitution to restrict free speech by allowing Congress to limit fundraising and spending on political speech. A constitutional amendment proposed by Senator Tom Udall (D–NM) would grant Congress the power to regulate the raising and spending of money in elections. Supporters of this amendment claim that restricting the…

  • Commentary posted June 2, 2014 by Hans A. von Spakovsky, Elizabeth Slattery Senate Democrats again pushing to silence freedom of speech

    Senate Democrats are pushing a constitutional amendment sponsored by Sen. Tom Udall, D-N. Mex., that for the first time in history would cut back on an important and fundamental part of the Bill of Rights -- the First Amendment. Senate Joint Resolution 19 would allow Congress to limit fundraising and spending on election campaigns and independent political speech. On…

  • Commentary posted May 30, 2014 by Hans A. von Spakovsky Justice Department blind to Virginia voter fraud

    In a May 17 commencement speech at Morgan State University, Attorney General Eric Holder once again dismissed the problem of voter fraud as being inconsequential. Efforts to curb it, he claimed, are merely attempts to deprive minorities of their right to vote. It's not just that Holder personally persists in ignoring the many cases of such fraud that have been documented…