Ninth Circuit panel hears argument in family rights case

July 24, 2012

Today a panel of the Ninth Circuit Court of Appeals sitting in Boise, Idaho, heard oral argument in CIR’s appeal of the case Mueller v. Auker.  In that case, a Boise police officer, without consulting a judge or a court, seized custody of the five-week-old daughter of CIR clients Eric and Corissa Mueller because the officer took

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CIR asks Court to review Kinston, NC case

July 20, 2012

Together with lead counsel Michael Carvin, CIR today filed a petition for a writ of certiorari in Nix et al. v. Holder, its case challenging the constitutionality of Section 5 of the Voting Rights Act. The petition argues that the increasingly aggressive use of Section 5 to prevent implementation of

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AG Holder dodges questions in Guam

July 16, 2012

Attorney General Holder arrived on Guam today, but refused to take questions from the press.  In the linked National Review Online article, John Fund speculates that Holder’s elusiveness might be because he doesn’t want to answer awkward questions about CIR’s lawsuit challenging a race-exclusive referendum on that U.S. possession.  Whatever the cause of Holder’s silence, it’s

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Supreme Court upholds Obamacare, but not under the Commerce Clause

June 28, 2012

Today the United States Supreme Court, in a 5 to 4 decision, ruled that the Patient Protection and Affordable Care Act is constitutional.  In an opinion by Chief Justice Roberts, the Court (agreeing with CIR) did not find that the Commerce Clause granted Congress the power to require Americans to buy health

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Court denies motion to dismiss Amish hair-cutting case

May 31, 2012

Today a federal district court judge in Ohio, in the case of U.S. v. Mullet, denied a motion by Samuel Mullet, Sr., and other Amish to dismiss the Obama Administration’s charges against them under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.  The defendants are accused of forcibly shaving the beards and cutting the hair

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CIR files amicus brief in Amish hair-cutting case

April 23, 2012

Even as the Supreme Court considers whether Congress exceeded its power under the Commerce Clause when it passed the Affordable Care Act, the Obama Justice Department, in a case in Ohio, is exceeding the bounds of that clause itself in its prosecution of several Amish for a purported federal “hate crime”: forcibly shaving

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CIR’s Rosman talks Obamacare

April 17, 2012

Inevitably, the Obamacare litigation in the Supreme Court has occasioned much discussion, and no doubt much understandable confusion, on the web and elsewhere.  For the perplexed, CIR General Counsel Michael Rosman makes it all perfectly clear on this Point of Law podcast.

Listen to Rosman at Read post on podcast

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CIR fights race-based attorney appointments

April 12, 2012

This January, CIR fired off an amicus brief in Blessing v. Sirius XM Radio, Inc. challenging U.S. District Court Judge Harold Baer’s requirement that lawyers appointed to represent the plaintiff class have a gender and racial makeup that “fairly reflects” that of the class members.

Judge Baer argued that that proportional race and gender representation would make

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Ninth Circuit upholds California equal treatment referendum

April 02, 2012

Today, the Ninth Circuit Court of Appeals reaffirmed an earlier CIR victory in the Ninth Circuit upholding the constitutionality of Proposition 209, which bans the State of California and its state universities from discriminating based on race.  The Court ruled that the earlier CIR-created precedent remained good law, and dismissed a

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Court to review Texas racial preference plan

February 21, 2012

The Supreme Court announced today that it granted the petition for certiorari filed by the plantiffs in Fisher v. University of Texas, a case which challenges the use of racial preferences in UT’s undergraduate college.  The case is an opportunity for the Court to revisit its 2003 ruling in CIR’s case, Grutter v. Bollinger

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