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  • Commentary posted October 30, 2014 by Hans A. von Spakovsky An Honor Flight Welcome

    This morning offered one of those spontaneous events that renews your faith in the patriotism and good will of the American people. It also illustrated their appreciation for the servicemen and women who have risked their lives for our nation. It was in the C Terminal of Reagan National, one of three airports serving Washington, D.C. I had just passed through security…

  • Commentary posted October 30, 2014 by Hans A. von Spakovsky Here Comes the 2014 Voter Fraud

    In the past few months, a former police chief in Pennsylvania pleaded guilty to voter fraud in a town-council election. That fraud had flipped the outcome of a primary election. Former Connecticut legislator Christina Ayala has been indicted on 19 charges of voter fraud, including voting in districts where she didn’t reside. (She hasn’t entered a plea.) A Mississippi…

  • Legal Memorandum posted October 29, 2014 by Alden Abbott Time to Reform FTC Advertising Regulation

    A‌dvertising is a boon to the American economy.[1] By informing ‌large numbers of consumers about the attributes of goods and services, it helps to create broad markets for those products, generating economies of scale that lower cost and prices. Information embedded in advertising allows consumers to make better choices in the marketplace, benefiting ultimate purchasers…

  • Issue Brief posted October 27, 2014 by David Inserra, Paul Rosenzweig Continuing Federal Cyber Breaches Warn Against Cybersecurity Regulation

    Recent high-profile private-sector hacks have once again put a spotlight on the issue of cybersecurity.[1] This is a serious problem that requires legislation to improve the United States’ cybersecurity posture, but the U.S. should not reflexively adopt government regulation of cyberspace as a solution. There are concerns that such a response would not be cost-effective…

  • Legal Memorandum posted October 23, 2014 by Paul Larkin The Problematic Use of Nonprosecution and Deferred Prosecution Agreements to Benefit Third Parties

    Unlike what King John thought[1] or what Judge Dredd proclaimed,[2] the President of the United States is not “the law.” The Constitution is the nation’s fundamental law,[3] and the power to supplement it by legislation resides with Congress under Article I.[4] The President enjoys only whatever authority the Constitution or Congress grants him.[5] His principal domestic…

  • Commentary posted October 23, 2014 by Hans A. von Spakovsky Shades of Jim Crow at the Justice Department

    Attorney General Eric Holder has waged a litigation war against voter-ID laws as well as state efforts to reduce early-voting periods and eliminate same-day voter registration. These practical reforms, he huffs, are intended to suppress the votes of minorities. But the lawsuit filed by the Department of Justice and a number of civil-rights groups against North Carolina…

  • Commentary posted October 22, 2014 by Hans A. von Spakovsky How Will Voting Litigation Affect the Upcoming Elections?

    With less than three weeks to go before the midterm election, the decisions in the courts, including the Supreme Court, on the procedural rules that will govern the election keep on coming on an almost daily basis. This has been pretty much the norm since the 2000 elections, as liberals and progressives have used the courts — rather than the legislative process — to try…

  • Testimony posted October 20, 2014 by John Malcolm Criminal Justice Reform: Suggested Changes for Tennessee

    LEGISLATIVE TESTIMONY Criminal Justice Reform: Suggested changes for Tennessee Testimony before the Tennessee Senate Judiciary Committee September 16, 2014 John G. Malcolm Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies The Heritage Foundation Thank you for the opportunity to speak to…

  • Commentary posted October 9, 2014 by Elizabeth Slattery The Roberts Court is Not 'Increasingly Conservative'

    Washington Post Supreme Court correspondent Robert Barnes claims that the Supreme Court has become more conservative during John Roberts’ nine-year tenure as Chief Justice. Such a characterization shows a misunderstanding of the role of courts. Rather than label the Roberts Court as “conservative” or “liberal,” it would be more accurate to describe the Court as…

  • Commentary posted October 6, 2014 by Hans A. von Spakovsky Election Litigation Developments in Ohio, Kansas, and North Carolina

    This has been quite a week in the election litigation world. One decision after another has come out from various courts in ongoing cases in Ohio, Kansas, and North Carolina over the rules governing voting and candidates in the upcoming November general election. Whether they will affect the outcome of contested races remains to be seen. On Tuesday, the U.S. Supreme…

  • Special Report posted October 1, 2014 by Paul Larkin, David E Bernstein, Randy E Barnett, Clark M Neily, III Economic Liberty and the Constitution: An Introduction

    Contributors Paul J. Larkin, Jr., is a Senior Legal Research Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. David E. Bernstein is George Mason University Foundation Professor at the George Mason University School of Law in Arlington, Virginia. Randy E. Barnett is Carmack Waterhouse Professor of Legal Theory at the…

  • Commentary posted September 30, 2014 by Edwin Meese III, Ryan T. Anderson Let States, Not Courts, Decide Marriage Policy

    On June 26 of last year, the Supreme Court struck down Section 3 of the federal Defense of Marriage Act in United States v. Windsor, and since then lower courts have issued a string of decisions redefining marriage in the states. This month, in a widely celebrated opinion written by Judge Richard Posner, the U.S. Court of Appeals for the 7th Circuit declared that it had…

  • Commentary posted September 29, 2014 by Hans A. von Spakovsky Obama's Enforcer Resigns: Attorney General Holder One of Worst Officials Ever to Lead Justice Department

    Attorney General Eric Holder’s announcement Thursday that he is resigning, effective when his successor is confirmed, is welcome news.   As John Fund and I outline in our recent book, “Obama’s Enforcer: Eric Holder’s Justice Department,” every time President Obama has broken, bent, ignored or changed the law, the person at his side advising him how to do it has been…

  • Commentary posted September 25, 2014 by Hans A. von Spakovsky The Kansas Supremes Give Democrats Exactly What They Wanted...Again

    At almost the same time as my earlier NRO post was published this morning — asking why the Kansas Supreme Court had not acted on the second writ of mandamus filed last week, which requested that the Kansas Democratic party be ordered to name a replacement U.S. senate candidate — the court acted. But instead of taking up the matter as it promptly did with the first writ…

  • Commentary posted September 25, 2014 by Alden Abbott The ICN’s Recommended Practices on Competition Assessment: Reflections on Measuring Competitive Harm

    CPI ICN Column edited by Maria Coppola (U.S. Federal Trade Commission) The ICN’s Recommended Practices on Competition Assessment: Reflections on Measuring Competitive Harm - Alden F. Abbott (Edwin Meese III Center for Legal and Judicial Studies, Heritage Foundation)[1] The International Competition Network’s (ICN) adoption of 13 “Recommended Practices on Competition…