JURIST Guest Columnists Jay Sekulow and Edward White of the American Center for Law and Justice say that the federal government does not have the authority to enforce the individual mandate, and because the mandate is not severable from the...
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The US Supreme Court granted certiorari Monday in two capital cases. In Ryan v. Gonzales , the court will determine whether 18 USC § 3599(a)(2) , which provides that an indigent...
JURIST Guest Columnist Mailee Smith, Staff Counsel at Americans United for Life, argues that legislation requiring ultrasounds before an abortion are constitutional under Supreme Court precedent and serve an essential medical purpose...Most abortion regulations are hotly contested before and after...
JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that to understand the ongoing health care reform litigation, it is important to keep certain points in mind, and provides an in-depth preview to the issues...
Federal court rules Montana medical marijuana law does not shield providers from federal prosecution
A federal judge in the US District Court for the District of Montana on Friday ruled that the state's medical marijuana law does not protect providers of the drug from federal prosecution. Judge...
JURIST Guest Columnist Jonathan Will of Mississippi College School of Law says establishing pre-embryonic personhood may still fail to outlaw abortion and may lead to the imposition of restrictions on other reproductive choices such as certain forms of birth control......
Health Care in the Eleventh Circuit: A Doomed Concept of Federalism
JURIST Guest Columnist Steven D. Schwinn of the John Marshall Law School in Chicago says that the Eleventh Circuit ignored the text, history and jurisprudence of the Constitution in its recent health care ruling, which will likely not be adopted...
UN Special Rapporteur on Violence Against Women Rashida Manjoo called Tuesday on the US government to reevaluate its domestic violence policies . The request comes in response to a report ...
JURIST Guest Columnist Steven D. Schwinn of The John Marshall Law School in Chicago says that the health care litigation has provided a forum for novel Tenth Amendment and federalism claims, which were properly ignored by the Sixth Circuit in...
JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that the opinion upholding health care reform by Judge Sutton, a self-described "middle-management judge," will prove influential in other circuits and beyond due to his conservative...