Who do you blame when a 2.5-pound chunk of cement hurled at freeway traffic by a delinquent teenager slams through a vehicle’s window and kills the driver? The criminal who is throwing rocks, of course. But attorneys blamed those with the deepest pockets: the government (for owning the overpass from which the rock was thrown) … ...
Six groups crowded into a Texas courtroom this week to challenge the constitutionality of the state’s education funding. Most of the parties just want more money, but two parties are bringing free-market based challenges. The Texas Charter Schools Association is challenging the state’s cap on charter schools, and also argues that fundin ...
Let us suppose that at the end of the day the Individual Mandate provision of the new health care legislation is struck down as unconstitutional. What have we accomplished? For starters we will have won a Commerce Clause challenge, which would be noteworthy in itself. This would make clear that there are real limitations on the … ...