101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Category: Constitutional Law & Civil Rights

Delay in Healthcare Employer Mandate

Once again the Obama administration has delayed the “employer mandate” in the Affordable Care Act of 2010. The employer mandate generally requires that employers with 50 or more employees provide health benefits to its employees or face a monetary penalty. It was originally supposed to go into effect at the beginning of 2014, but it […]

Read More

Fourteenth Amendment, Debt-Limit Ceiling & President Obama

With a partial resolution of the so-called Fiscal Cliff crisis in the past, the next issue appears to be the debt limit. Traditionally, it has been the authority of Congress to set the debt limit, but, with the House of Representatives and White House controlled by opposing parties, an agreement may not be reached. In […]

Read More

Illinois’ Conceal & Carry Law: Moore, et al. v. Madigan, et al.

The 7th Circuit Court of Appeals in Illinois (a Court immediately below the U.S. Supreme Court) recently struck down Illinois’ ban on carrying a concealed weapon. Specifically, the relevant statute forbid — with exceptions mainly for police officers, security personnel, and members of target shooting clubs — the carrying of a gun that is ready […]

Read More

Establishment Clause: Church & State

The so-called separation of Church and State is a hot topic issue that inevitably results in differing opinions. But what does the U.S. Constitution actually say on the issue?  The First Amendment provides, in part, that “Congress  shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The bold provision is […]

Read More

The 14th Amendment, Incorporation, Due Process

The 14th Amendment to the U.S. Constitution is arguably one of the most important provisions in the constitution because, among other things, it has been interpreted to have the effect of incorporating the bill of rights against the states. Before the twentieth century, the first ten amendments were interpreted to apply only against the federal […]

Read More

Analysis of Possible “Compromise” Supreme Court Decision on Healthcare

The constitutionality of the Patient Protection and Affordable Care Act (“Act”) will have enormous legal and political consequences. Several news outlets are projecting that the decision could be announced by the Supreme Court between June 11 and June 28. What are the possible legal decisions the Supreme Court can reach? (1) Do nothing and find […]

Read More

Defense of Civil Damages; Criminal Defense

Being served with a lawsuit by a sheriff at home or at work is a jarring experience, particularly when the front pages warns that if you do not take action within thirty days or so judgment by default may be taken against you for the damages and/or request for relief articulated in the lawsuit. With […]

Read More

Obama, White House, Religion & Mandatory Health Coverage For Contraception

The Obama administration is under assault for requiring insurance companies to broaden coverage of women’s preventive health services to where insurers will have to cover certain contraception methods and procedures. Christian leaders and many other in the country have decried the requirement as impermissible and even unconstitutional. So, what’s the constitutionality of the President’s move? […]

Read More

Due Process

What does due process of law under the 14th Amendment mean? The due process clause states that “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Due Process provides both procedural and substantive guarantees. Procedurally, Due Process grants individuals the opportunity to be heard at a meaningful […]

Read More

Free Exercise of Religion

The Free Exercise Clause of the First Amendment states in pertinent part that “Congress shall make no law[…] prohibiting the free exercise [of religion].” Courts have made clear that a claimant’s right to religious free exercise is only protected when the claimant has a sincerely held religious belief and the government’s action is a substantial […]

Read More