All sides seek Supreme Court review of Obamacare

September 28, 2011

Today the Obama administration filed a petition for Supreme Court review of this summer’s decision by the Eleventh Circuit Court of Appeals in Florida v. HHS, one of the major challenges to the Affordable Care Act, or “Obamacare.”  Relying heavily on CIR’s 2000 Commerce Clause victory U.S. v. Morrison, the Eleventh Circuit had ruled that the act’s requirement

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Full Sixth Circuit to consider Michigan Prop. 2

September 09, 2011

The full Sixth Circuit Court of Appeals decided today that it will consider the constitutionality of Michigan’s Proposal 2.  A provision of the Michigan Constitution enacted by voters in a referendum in 2006, Proposal 2 bans the state government from giving preferential treatment based on race.  Today’s decision by the full, en banc court voids July’s aberrant ruling by a

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11th Circuit nixes individual mandate

August 12, 2011

The U.S. Court of Appeals for the Eleventh Circuit today struck down the “individual mandate” portion of Obamacare, ruling that Congress may not require individuals to purchase health insurance pursuant to its power under the Commerce Clause.  The court relied on CIR’s 2000 victory in U.S. v. Morrison, one of the leading

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CIR defends California’s Prop. 209 — again

July 15, 2011

Today CIR filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in the case of BAMN v. Brown, in which the same organization that is challenging Michigan’s Prop. 2 is seeking to have California’s Prop. 209 declared unconstitutional.  Ward Connerly had championed both successful ballot initiatives, which ban those respective

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Court grants standing in voting rights challenge

July 08, 2011

July 8, 2011 — A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision holding that CIR plaintiffs Stephen LaRoque, John Nix and others have standing to pursue their challenge of Section 5 of the Voting Rights Act. The decision is a big step

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Sixth Circuit erroneously strikes down Michigan Prop. 2

July 01, 2011

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today ruled that Michigan’s Proposition 2 violates the United States Constitution.  In 2006, by voting 58% to 42% to pass Prop. 2, better known as the Michigan Civil Rights Initiative, the people of Michigan amended their state constitution to prohibit “preferential treatment to any individual

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Supreme Court declines to address school interrogation issue

May 26, 2011

Today the U.S. Supreme Court issued a decision in Camreta v. Greene, in which an Oregon policeman and a state child protection worker interrogated a nine-year-old girl in her public school for over an hour, not stopping until she was willing to say (untruthfully, according to her) that her father had acted inappropriately toward

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Trial judge denies anti-recording law motion

May 23, 2011

Today U.S. District Judge M. James Lorenz denied both James O’Keefe’s and Hannah Giles’s motions to dismiss former ACORN employee Juan Carlos Vera’s suit against them at the pleadings stage.  The lawsuit by Vera, who is featured in a video by O’Keefe filmed in San Diego’s ACORN office, is based solely on the alleged violation

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Obamacare threatened by CIR precedent

May 11, 2011

CIR filed a brief today in the Eleventh Circuit Court of Appeals in support of the State of Florida’s challenge to the constitutionality of the Obamacare legislation.  Judge Roger Vinson of the Northern District of Florida had struck down the legislation as unconstitutional, on the ground that Congress had no authority under the Commerce Clause to

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CIR argues voting rights challenge before the DC Circuit

May 06, 2011

Today a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit heard oral argument in CIR’s appeal from a lower court’s dismissal of our lawsuit challenging the Voting Rights Act’s Section 5, which requires states to maximize the voting strength of some racial groups but not others. 

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