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Tag: States

I'll Take It A Step Further

By JGillman, Section News
Posted on Mon Dec 02, 2013 at 09:50:34 PM EST
Tags: Sovereign Nations, States, Republics, Michigan, Bill Schuette, Casinos, Indians, Foreign Nationals, Or Not (all tags)

Bill Schuette's office is taking on the illegal operation of a casino in Vanderbilt.

Defending Michigan's sovereign status before the US Supreme court, the attorney general makes this argument:

"If France opened an illegal casino in Michigan, the State could enjoin it, rather than arresting French workers or suing President Francois Hollande. Surely domestic tribes are not entitled to greater immunity than foreign sovereign nations."

Indeed.

In fact, how can the sovereign nature of the tribes produce candidates or legal contributors/lobbyists in Michigan politics? Or to put it another way, if Ohioan citizens decided to run for Michigan representative seats or make laws for activities in Michigan, how is that different from that of the tribes acting and ruling as sovereign entities within their boundaries, then stepping out to engage in our processes outside of them?

As a state, the Ohioan argument above stands. As a nation, Schuette's point is quite valid, and could be taken a bit further.

Dismantle the BIA, and rid ourselves of these special rights endowed upon the 'neighboring' nations inside our borders. And as the discussion before the US supreme court goes forward, perhaps a reaffirmation of the US as a nation of laws can begin.

E Pluribus Unum - period.

Comments >>

Understanding the Health Care Litigation, Part Three

By The Wizard of Laws, Section News
Posted on Tue Mar 27, 2012 at 11:02:41 PM EST
Tags: Clement, health care, medicaid, Obamacare, severability, states, Verrilli (all tags)

Cross-posted in the Wizard of Laws.

First, the gloating.

Yesterday, I wrote: "Commerce doesn't exist to be regulated until people engage in commerce. The ACA forces people to engage in commerce, then regulates them."

Today at the Supreme Court, Justice Kennedy asked the Solicitor General: "Can you create commerce order to regulate it?"

Now, I'm not saying that Justice Kennedy checks out the Wizard of Laws before important arguments, but is it more than a coincidence that his first question to the Solicitor General echoed the Wiz? Just sayin'.

Now, to business.

(7 comments, 1004 words in story) Full Story