Establishment Clause claims under the First Amendment are very rare. At least at the time of this writing, however, they are somewhat more in the limelight because of so-called “stay-at-home” orders imposed by governments as a result of the COVID-19 pandemic. Litigants are, where appropriate, able to bring a civil damages claim under 42 U.S.C….
Legal Articles
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…
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…
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…
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…
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…
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…
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…
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?…
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…