Posts Tagged ‘Landmark Legal Foundation’

Landmark Legal on Point in Obamacare Fight

Monday, January 2nd, 2012

Conservative Legal Advocacy

There really are not many conservative legal activists committed to standing up for Americans on such a consistent basis, by arguing against unconstitutional legislation or fighting to shine disinfecting daylight on government actions, but Landmark Legal Foundation is one of those rare organizations. Despite its small size, Landmark is currently involved in at least four major issues of interest, including efforts to stop the implementation of Obamacare, challenging the Obama-Holder Department of Justice interference with states on the issue of illegal immigration, stopping the EPA from usurping congressional authority in regulating “greenhouse gases” like carbon dioxide, and defending the right of states like Wisconsin to limit collective bargaining for public sector employees and the unions that often drive the process to the detriment of tax-payers.

These are all obviously critical issues of significant importance to the American people, and if Landmark Legal seems familiar to you, it may because its president is none other than radio talk-show phenomenon Mark Levin.  More than being the conservative answer to groups like the ACLU, Landmark takes on cases from the standpoint of defeating the leftists’ agenda in the courts where all too often, the left has been so successful in foisting its agenda on the American people.

If you’re not familiar with Levin, his radio show is certainly one great place to hear him speak, and you will learn a great deal about these and countless other critical issues from his show.  Levin served eight years in the Reagan Administration, including his service as the Attorney General’s chief of staff, and Deputy Solicitor of the Department of the Interior, along with many other roles.  He’s the author of several New York Times best-selling books including Liberty and Tyranny – A Conservative Manifesto, Rescuing Sprite: A Dog Lover’s Story of Joy and Anguish, and Men in Black: How the Supreme Court is Destroying America.  He also has a new book about to hit the shelves:  Ameritopia: The Unmaking of America, which is due out within two weeks.  I have pre-ordered this latest book myself, since I own the other three, and they were each worth every penny.

Landmark Legal’s actions on Obamacare is perhaps the most critical to conservatives, because that legislation threatens to fundamentally reorder American society toward a European healthcare delivery model, or worse in some estimates, and in so doing will create a vast new entitlement program complete with the infamous mandate about which you have read.  You can read the complete Landmark Legal amicus curaie brief filed in the Obamacare case here.  One of the most important questions raised by the brief is whether the court will recognize any limits on federal power, when the commerce or the necessary and proper clauses are concerned.  This is a vital question, because if the federal government can compel you to purchase health insurance, there is no effective limit, and the constitution is utterly meaningless.

Other arguments against Obamacare include the question of the severability of the insurance mandate, ultimately suggesting that since the Congress made no provision in the law for separating any particular clause, the whole law must be affirmed or rejected as a single entity.

These are the sorts of cases we conservatives care most fervently to see taken up, and I make contributions to this noble enterprise that fights on behalf of our individual liberties, and in the name of responsible, ethical, limited government open to examination by citizens.  Reviewing the material they provide to the courts in this form leads me to believe that there are few legal advocacy organizations on our side of the philosophical and political divide that do anything like the work of Landmark Legal.  You can read more extensively about Landmark and the cases in which it is currently involved at its website. It’s one of the very few conservative legal advocacy groups in existence, and its performance on other issues demonstrates its effectiveness despite its small size.  In this time of expansive governmental aggression against individual liberties, we need all the advocates for limited government we can get, and Landmark is definitely among the best.

 

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Elana Kagan Must Recuse on Obamacare or Face Impeachment

Saturday, December 10th, 2011

Would I Lie To You?

There are few things more disgusting than the manner in which Obamacare was pushed through Congress, with the whole “Deamed passed” business put forward by Pelosi.  The controversy in this case arises out of the fact that associate Supreme Court Justice Elana Kagan had been US Solicitor General at the time of the case, as I’ve previously reported.  I have been skeptical about the claims by the Department of Justice that Kagan had been mostly “walled-off” from the Obamacare debate, because it was already known that she would be nominated by the President to the Supreme Court.  The truth is that Kagan, far from being “walled-off,” was in the loop all along, and that emails now reveal she was aware and copied information relating to Mark Levin’s Landmark Legal Foundation’s action on the case.  I remember that day well, because when Levin was announcing Landmark’s intended actions, I was contributing to that endeavor(via paypal.)  What really becomes the point of controversy in this case is that Kagan may even have perjured herself in testimony before the Senate, and whether she recuses herself from this case or not, if this is the case, she must be impeached.

(Click Play for some mood music:)

As CNSNews has reported in documents obtained from Judiciary Committee sources, Kagan may have indeed lied in responding to that letter. The most damning answers are those to question numbers eight(8) and nine(9):

8. Have you ever been asked about your opinion regarding the underlying legal or constitutional issues related to any proposed health care legislation, including but not limited to Pub. L. No. 111-148, or the underlying legal or constitutional issues related to potential litigation resulting from such legislation?
Response:
No.
9. Have you ever offered any views or comments regarding the underlying legal or constitutional issues related to any proposed health care legislation, including but not limited to Pub. L. No. 111-148, or the underlying legal or constitutional issues related to potential litigation resulting from such legislation?
Response:
No.

These answers to be contradicted by the emails now released, and this is a stunning development, and it makes perfect sense that these emails were dumped on Friday evening.  The truth is likely to be that Kagan knowingly lied to the committee, and thus makes herself eligible to impeachment.  In any event, she must now recuse herself, but I am have doubts as to whether she will do so.   She is a doctrinaire leftist, and for such folks, the law is merely an exercise in formality:  They are going to do as they damned-well please, and laws only matter so long as they aid the left, but never when it obstructs them.

This is the inconvenient truth of the current standing of Elana Kagan: It appears that she lied to members of the committee in her response, and it’s time to understand that she must recuse herself, and for lying to the committee, she ought to face impeachment.  I would urge you to read and understand the details of the CNSNews.com article, and then contact your elected officials accordingly.