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  • 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…

  • 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…

  • 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 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…

  • Commentary posted May 23, 2014 by Hans A. von Spakovsky Voting Discrimination Struck Down in Northern Mariana Islands — DOJ Nowhere to Be Seen

    President Barack Obama can brag all he wants about the voting-rights cases his administration has allegedly “taken on.” But here’s a case conspicuously absent from that bogus list. Judge Ramona Manglona of the federal district court for the Northern Mariana Islands just threw out a blatantly unconstitutional provision of the territorial government that strictly limited…

  • Commentary posted May 20, 2014 by Hans A. von Spakovsky Voting Online Is Not in the Foreseeable Future

    Markos Moulitsas of the Daily Kos recently published a commentary in the Hill claiming that “voting online is the future.” He also accused me of being against Internet voting because I want to “suppress” votes. That kind of ad hominem attack seems to always be the first refuge of those who are unable to argue substantively about a particular issue. I am against it because…

  • Commentary posted May 19, 2014 by Hans A. von Spakovsky The Con Job on Voting-Rights Cases

    Recently, we both have drawn attention to President Obama’s bogus claims about the number of voting-rights cases pursued by Attorney General Eric Holder and the Justice Department. A list of those cases, belatedly released to Politifact by the Justice Department, proves that the president’s claim was false. Both he and his Justice Department have been grossly exaggerating…

  • Legal Memorandum posted May 12, 2014 by Hans A. von Spakovsky The IRS Tries to Silence Political Speech Again— This Time with New Regulations

    Americans are well aware of the targeting by the Internal Revenue Service (IRS or Service) of Tea Party and other conservative organizations applying for tax-exempt status under §501(c)(4) of the Internal Revenue Code (Code), which was revealed by the Treasury Inspector General for Tax Administration in May 2013.[1] Internal IRS e-mails and an investigation by the House…

  • Commentary posted May 5, 2014 by Hans A. von Spakovsky Benghazi and the Justice Department’s Lawyers

    The Obama administration may need to do something about the lawyers working for Eric Holder at the U.S. Justice Department because — if we are to believe White House spokesman Jay Carney about the infamous Benghazi e-mail — they may have made a major error. In an April 30 White House press briefing, Carney got into an argument with ABC News’s Jonathan Karl, who asked why…

  • Commentary posted May 2, 2014 by Hans A. von Spakovsky Judges and Voter ID

    To better understand the contrast between an activist, liberal judge who refuses to follow the law and a judge who understands that his job is to follow precedent and the Constitution, consider two recent federal cases on voter-ID laws. On Tuesday, federal-district-court judge Lynn Adelman — a Clinton appointee, former Democratic state senator, and former Legal Aid…

  • Commentary posted May 1, 2014 by Hans A. von Spakovsky Illegal Political Activity at the FEC

    The Office of Special Counsel (OSC), which investigates illegal political activity by federal employees, has made news again. This latest case involves an employee of the Federal Election Commission, where I served for two years as a commissioner. Recent revelations of Hatch Act violations at the IRS shocked no one familiar with that agency’s targeting of tea-party and…