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Counting By Race: Chapter 124

Monday, June 29, 2009  |  posted by Hugh Hewitt

The seemingly never-ending legal debate over whether or not government can use the race of Americans in awarding benefits or inflicting penalties added another chapter today as a majority of the Supreme Court issued a narrow, Justice Kennedy-authored ruling overturning the decision below in the Ricci case and holding that “we need not reach the question whether respondents’ actions may have violated the Equal Protection Clause. ” Neither the outcome nor the split is surprising. The text of the opinion is here.

One of the most interesting questions that senators questioning Judge Sotomayor could pose is whether this holding or the Equal Protection clause-related precedents are “superprecedents,” like Roe and Casey are said to be by liberal senators.

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The Metastasis of the Administrative State

Monday, June 29, 2009  |  posted by Hugh Hewitt

My Washington Examiner column underscores how the cap-and-tax bill passed by the House would bring with it a metastasis of the administrative state.

I have been negotiating with and sometimes suing federal agencies for the past two decades, usually because federal officials use ambiguous language in federal statutes to adopt extremely expansive views of federal power.

Either the cap-and-tax bill or the Obama./Pelosi/Reid “government option/public plan” approaches to health care would make these past power grabs seem small by comparison. Either bill would empower federal agencies –some not yet even created– to wield new and extraordinary authority over individuals and business. When the Senate takes up cap-and-tax, the GOP must focus the public attention on the vast power grab the law envisions, and both houses must focus on the government’s control over individuals’ lives that would arrive with a “government option/public plan” in health care.

Iran Updates

Monday, June 29, 2009  |  posted by Hugh Hewitt

Abe Greenwald wants to give George Bush credit for his Iran policy.

Gabriel Schoenfeld wonders whether President Obama could deliver help to Iranian democrats even if he wanted to.

Gateway Pundit has chilling video. (HT: Instapundit.)

The Stoning of Soraya M had a strong per screen opening for its very limited release. As it opens in more cities this week, please help to maintain that momentum.

Michael Jackson’s death sucked an enormous amount of attention away from the courage of Iranians still battling the regime, but as the posts at Twitter’s #iranelection thread show, dissent and demonstrations continue.

More than 2,000 are under arrested in Iran, with hundreds more missing. Human rights activists supported by President Obama and the rest of the west have to keep up pressure on the regime to release the demonstrators and stop the disappearances.

GOP 2012

Monday, June 29, 2009  |  posted by Hugh Hewitt

Politico’s Jonathan Martin reports on Mitt Romney’s road to 2012.

Any serious GOP contenders for right to take on President Obama will be working for Chris Cristie in New Jersey and Bob McDonnell in Virginia as the only two races of great consequence in 2009 draw closer.

And anyone seeking to seriously challenge for the nomination will have to mount an equivalent to Romney’s Free and Strong America PAC to be in a position to help with the crucial 2010 races that are necessary to restore balance to a Beltway tilted far left.

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