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  • 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…

  • Commentary posted September 24, 2014 by Hans A. von Spakovsky The Kansas Supreme Court Gives Democrats What They Want—But the Fight May Not Be Over

    Late yesterday, the Kansas supreme court granted the writ of mandamus filed by former Democratic U.S. Senate candidate Chad Taylor and ordered Kansas secretary of state Kris Kobach to remove Taylor’s name from the November ballot. But the controversy may not yet be over because of another writ filed by a Democratic voter. The court dismissed Kobach’s claim (explained…

  • Commentary posted September 23, 2014 by Alden Abbott Enterprise Cities, Competition, and Economic Growth

    Shanker Singham of the Babson Global Institute (formerly a leading international trade lawyer and author of the most comprehensive one-volume work on the interplay between competition and international trade policy) has published a short article introducing the concept of “enterprise cities.”  This article, which outlines an incentives-based, market-oriented approach to…

  • Testimony posted September 22, 2014 by Hans A. von Spakovsky IRS Abuses: Ensuring that Targeting Never Happens Again

    Testimony before the House of Representatives, Committee on Oversight and Government Reform Introduction My name is Hans A. von Spakovsky.[1]   I am a Senior Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing any official…

  • Issue Brief posted September 19, 2014 by Robert Gordon, Andrew Kloster Wage Garnishment Without a Court Order: Not a Good Idea

    Right before the July 4th holiday this year, the ‌Environmental Protection Agency (EPA) issued a direct final rule entitled “Administrative Wage Garnishment.”[1] This rule sought to amend EPA standards for claims collections, implementing the wage garnishment provisions of the Debt Collection Improvement Act (DCIA) of 1996.[2] It did so by incorporating by reference a…

  • Commentary posted September 18, 2014 by Hans A. von Spakovsky The Injustice of Eric Holder

    Even we were shocked when we researched our new book, “Obama’s Enforcer: Eric Holder’s Justice Department,” at the extent to which Attorney General Eric Holder Jr. has politicized the Justice Department and put the interests of left-wing ideology and his political party ahead of the fair and impartial administration of justice. However, there is no doubt that the American…

  • Commentary posted September 18, 2014 by Hans A. von Spakovsky The Minutiae of Election Rules in the Kansas U.S. Senate Race

    The Kansas Supreme Court heard oral arguments this morning in the dispute over whether the state’s ballot will bear the name of the Democratic nominee for the U.S. Senate. The nominee, Shawnee County district attorney Chad Taylor, tried to withdraw from the ballot on September 3. With less than an hour to go before the deadline for withdrawal, he hand-delivered his…