What is a Legal Conservative?
Recent Posts
- Thought-provoking article re meaning of legal conservatismThe Danger of Trump’s Clash with the Conservative Legal MovementArticle Source FOR…
- Interesting liberal piece mentioning Federalist Society role in Federal judicial pipelineSource: The smartest people in Trumpland – ThinkProgress All of this drama…
- Scalia’s greatest strength, his steadfastness, was also his greatest weakness – The Washington PostI do not agree that his steadfastness as described in the article…
Florida Practice Areas
- Appellate Law
- Charter School Law
- Procurements & Bid Protests
- Professional & Occupational Licensing & Discipline
- Constitutional Law
- Education Law
- School Choice Law
- Business and Civil Litigation
- General Counsel Services
- Election and Campaign Law
- Ethics, Public Records, and Government in the Sunshine Law
- Other Practice Areas
Legal Disclaimer
Legal Conservative Blog
-
Healthcare Lawsuit- Judge strikes entire act based on individual mandate- but finds no merit to the Medicaid claim
Breaking news, decision just came down. Analysis to follow. vinson-ruling Excerpt from the opinion: For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and…
-
Where judicial activism morphs into disregard
Where judicial activism morphs into disregard. Interesting article. The Ninth Circuit is maintaining its role as the most reversed circuit. Some excerpts below: Four times this month the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals. Four times the Big Bench unanimously reversed Ninth U.S. Circuit Court of Appeals decisions. Unanimous…
-
Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com
Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com. This is an interesting decision, written by a court that appeared intent on chastising the lower appellate tribunal. If the supreme court analysis of Illinois law was correct, this is a classic case of judicial activism. Opinion here: Rahm Some excerpts from the decision below:…
-
Florida Health Care Lawsuit Update
Well, as I write this, the arguments are underway in federal court in Pensacola on the cross motions for summary judgment in the case challenging the constitutionality of Obamacare. For those of you following this case closely, attached are the parties motions and responses that are being argued today: Plaintiffs MSJ-Memo; Plaintiffs MSJREPLY ; Plaintiffs…
-
Foreclosure Defenses- A Conservative Perspective
The Wall Street Journal has an article today about the attorneys who have done some of the litigation and discovery that has uncovered alleged “robo-signers. Clearly, there is no excuse if employees of the banks have made false representations in documents, but this issue begs the question of the impact any misrepresentations should have on…
-
Key count in health care lawsuit survives motion to dismiss
Today Judge Vinson issued his order on President Obama’s motion to dismiss in the health care lawsuit that Florida and other states have filed in the northern district. The key count, the unconstitutionality of the individual mandate requiring purchase of health care or a penalty survived, as did a coercion count in regard to the…
-
Amending the Constitution by Convention: A Complete View of the Founders’ Plan | Goldwater Institute
Amending the Constitution by Convention: A Complete View of the Founders’ Plan | Goldwater Institute. The Goldwater institute has put out an interesting historical argument in support of limited constitutional conventions being contemplated by the founders. Most of the conclusions reached in the report are fairly non- controversial, with the exception of the analysis of…
-
Comes a Horseman – Article – National Review Online
Comes a Horseman – Article – National Review Online. Have you ever wondered where the term “living constitution” originated? Well, this article will give you the answer. Seriously, this article is an excellent read on the change that occurred when FDR threatened to pack the court, and provides a good historical basis to see the…
-
The Federalists, the Anti-Federalists, and the Constitution They Created
This was a busy, but intellectually rich weekend for me. On Friday I was in Orlando speaking at a Republican National Lawyers Association (RNLA) event on voter registration,early voting and absentee ballots, and pre- election legal challenges. I then had to fly to Atlanta to participate in a symposium that was being co-hosted by the…
-
11th Circuit Enjoins Florida from providing McCollum Funds in Governor’s Race Based on Scott’s Expenditures.
With a very rapid ruling, oral argument only having been held this morning, the 11th Circuit has preliminarily enjoined Florida from paying our any state funds to McCollum once Scott exceeds the 24.9 million cap. Opinion is attached scotts-appeal-ruling. Basically, the court held that Scott’s speech would be impaired, Strict scrutiny would apply, no compelling…
Blog Archive
- June 2025 (1)
- August 2017 (1)
- February 2016 (3)
- December 2015 (1)
- December 2014 (1)
- May 2012 (1)
- September 2011 (1)
- August 2011 (1)
- January 2011 (3)
- December 2010 (1)
- October 2010 (2)
- September 2010 (3)
- July 2010 (1)
- June 2010 (1)
- May 2010 (3)
- March 2010 (2)
- December 2009 (3)
- November 2009 (3)
- October 2009 (5)
- September 2009 (12)
- August 2009 (1)
