Ken Klukowski

Momentum is building for former Texas Solicitor General Ted Cruz to pull the biggest upset in the 2012 election cycle by defeating establishment candidate Lt. Governor David Dewhurst in the Republican U.S. Senate primary in Tuesday’s July 31 runoff. When

The capstone to the Great Dissent was the explanation of why the entire 2,700-page Affordable Care Act (ACA) must be struck down along with the unconstitutional Individual Mandate and the unconstitutional Medicaid Expansion. When part of a law is found

We can all be thankful that one thing the Supreme Court got right in the Obamacare decision was striking down at least part of the Affordable Care Act’s massive expansion of Medicaid that would reduce the states to a subservient

Confusion has reigned over whether Obamacare’s individual mandate is a tax, because politics has gotten in the way of serious discussion (no surprise there). As Governor Mitt Romney tried discussing the issue like the serious businessman and serious lawyer (Harvard

Few outside of Republican circles knew him in 1994, or the new organization he was launching to fight back against leftists and secularists, and provide a conservative answer to the ACLU. Now Alan Sears is the CEO of a massive

As I explained after the Obamacare decision came down, it is one of the most unfortunate decisions ever handed down by our highest court. This tragedy is only compounded by the fact that the main dissent in the decision was

One week after the Supreme Court handed down its most consequential decision in decades (if not more than a century–upholding almost all of Obamacare in NFIB v. Sebelius–constitutional lawyers are just beginning to wrap their heads around the Court’s 193-page

Chief Justice John Roberts provided the critical fifth vote to uphold Obamacare in its entirety, in a case that will go down as one of the worst and most consequential cases in American history. Now the Taxing Clause of the

As the U.S. House of Representatives votes to find Attorney General Eric Holder in contempt of Congress, the natural question becomes: now what? Legal precedent lays out a step-by-step process, and Holder’s latest gambit suggests he knows of a loophole

Some Republican leaders have made the mistake of saying that President Obama’s invocation of executive privilege over Attorney General Eric Holder is an admission that the White House has been involved in Operation Fast and Furious. The reality is that

Major provisions of Arizona’s S.B. 1070 were held unenforceable by the Supreme Court because they conflict with federal law, though the Court unanimously upheld its most controversial provision. So the biggest immigration case in U.S. history was a mixed result,

FCC fines imposed on two broadcast networks were set aside by the Supreme Court last week as unconstitutional. This case of FCC v. Fox Television was a free speech challenge to a federal indecency law, but the Court caught the

Compelling objecting employees to fund political speech for government unions violates the First Amendment even if you later refund that money to those employees, the Supreme Court held in Knox v. SEIU, a case that is a major blow to

President Obama’s assertion of executive privilege to prevent Attorney General Eric Holder from complying with congressional subpoenas on the Operation Fast and Furious fiasco will blow up in the White House’s face. But not for the reasons you’ve heard on

President Obama’s new amnesty policy regarding illegal aliens violates the law. But there’s probably no route to trump it either in Congress or in court, so the only recourse is for the American people to trump it by electing a

Everyone is now waiting for the U.S. Supreme Court to hand down its decision in NFIB v. Sebelius, the name of the case frequently referred to simply as “Obamacare.” Lawyers argued four issues before the justices who will decide the

President Obama is now trying to get two new judges on America’s second-highest court. Today Obama renominated Caitlin Halligan, who was filibustered last year, and Deputy Solicitor General Sri Srinivasan. The U.S. Court of Appeals for the District of Columbia

You can’t sue Secret Service agents if they arrest you for lying to them about antagonistically touching a public official, the Supreme Court held this week in a unanimous decision. Vice President Dick Cheney was at a shopping mall in

Either the U.S. Supreme Court will take up the question of same-sex marriage, or it will become a constitutional right in the largest state in the nation later this year. In 1993, the Hawaii Supreme Court ruled in Baehr v.

It’s constitutional for a city to adopt a new policy that lets you pay 30 times more taxes than your neighbor for the same service, a divided Supreme Court held this week. Indiana law previously allowed cities to impose the

IThe Supreme Court is the next stop in the battle over the definition of marriage, thanks to a federal appeals court partially striking down a law defending marriage passed by a strong bipartisan majority and signed by President Bill Clinton.

Texas’ Senate seat just became ground zero in the struggle for the soul of the GOP between constitutional conservatives and the establishment. Rising GOP starTed Cruz managed to keep ultra-wealthy Lt. Gov. David Dewhurst from winning the May 29 primary,

Constantly underestimated by the Republican establishment, the Tea Party continues to prove its power in GOP primaries. First Indiana, then Nebraska. And now new polls show rising conservative star Ted Cruz potentially poised to beat ultra-wealthy Lt. Governor David Dewhurst

A deceased man’s child is not always a child under Florida law when it comes to Social Security benefits. So said the Supreme Court in Astrue v. Capato, a case where modern technology collided with federal entitlements.  Robert Capato was