Tuesday, July 1, 2014

The Constitutional Lawyer in the White House Has Lost Unanimously at the Supreme Court 20 Times

http://pjmedia.com/tatler/2014/07/01/the-constitutional-lawyer-in-the-white-
house-has-lost-unanimously-at-the-supreme-court-20-times/?singlepage=true


The president has lost 20 cases by unanimous decision since January 2009
according to Sen. Cruz. In some of those cases, the president's
administration argued for some sweeping, disturbing powers.

.Attach GPSs to a citizen's vehicle to monitor his movements, without having
any cause to believe that a person has committed a crime (United States v.
Jones);
.Deprive landowners of the right to challenge potential government fines as
high as
 $75,000 per day and take away their ability have a hearing to challenge
those fines (Sackett v. EPA);
.Interfere with a church's selection of its own ministers (Hosanna-Tabor
Evangelical Lutheran Church & School v. EEOC);
.Override state law through the Presidential fiat (Arizona v. United
States);
.Dramatically  extend  statutes  of  limitations  to  impose  penalties  for
acts  committed decades ago (Gabelli v. SEC);
.Destroy private property without paying just compensation (Arkansas Fish &
Game Commission v. United States);
.Impose double income taxation (PPL Corp. v. Commissioner of Internal
Revenue);
.Limit property owner's constitutional defenses (Horne v. USDA); and
.Drastically expand federal criminal law (Sekhar v. United States).

Obama wasn't done, as you'll see on the next page. Those were his early
unanimous defeats at SCOTUS. Here some of his more recent ones.
.Unilaterally install officers and bypass the Senate confirmation process
(NLRB v. Noel Canning);
.Search the contents of cell phones without a warrant (Riley v. California);
.Use international treaties to displace state sovereignty over criminal law
(Bond v. United States);
.Expand federal mandatory minimum sentencing laws (Burrage v. United
States);

See the rest at Cruz's blog. It's fair to say that had Obama prevailed even
in half of those cases, it would have had a transformative effect on the
American system of government and our relationship between citizen and
state. The Senate's advise and consent role in presidential appointments
could have been dissolved. Local churches could have lost their ability to
hire and fire their own leaders and staff. More of us may have been
criminalized, while our property rights eroded further. Had he prevailed in
all of them, a number of fundamental individual rights would have
disappeared or been handed over to the federal government.

By Epictetus

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