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The federal preemption of state law (and especially liability law) has emerged as an intensely controversial area of the William Rehnquist Court’s decisions on federal-state relations. State governments complain about federal impositions. Business groups fear that an unwarranted judicial respect for “states’ rights” would expose corporations, and the national economy,...
Rather than await the decision on the Affordable Care Act, President Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system. Judicial review springs from the duty of a court, when deciding a case before it, to enforce the Constitution over a conflicting act of Congress.
Former House Speaker Newt Gingrich knows how to press the Left's soft spots. Even as he fades from the front of the Republican presidential pack, he deserves credit for attacking the judiciary's seizure of power over some of society's most important issues. Choosing new Supreme Court justices will be one...
This issue covers recent Supreme Court decisions, Congressional appropriations, and more.
It becomes pretty obvious to everyone that the vicious political attacks we hear everyday are simply empty rhetoric.
In October Term 2006, the Supreme Court showed an increased willingness to review and decide business litigation cases that the Rehnquist Court had largely avoided. The justices made important decisions in the areas of securities law, antitrust, patent law, civil procedure, employment law, and punitive damages. In the upcoming October...
Distrustful of universal government solutions to difficult problems, the Rehnquist court has sought to return the country to its Tocquevillian roots.
William H. Rehnquist went from "Lone Ranger" to chief justice, and saw many of his conservative views triumph at the Supreme Court. But recent rulings went against him.





