Quoted from Newsmax.com below:
Supreme Court vs. Obama: The Battle Lines Are Drawn
The Obama administration has already run into a brick wall in various court venues regarding its policies. Its setbacks, beyond the Citizens United case, include: * The administration's six-month moratorium on offshore drilling was blocked by a federal judge who wrote that "the plaintiffs have established a likelihood of showing that the administration acted arbitrarily and capriciously in issuing the moratorium." When the administration tried to get a stay of that judge's order, that pleading also was rejected. * In District of Columbia v. Heller, the Supreme Court struck down by a 5-4 margin the ban on guns in Washington, D.C. As solicitor general, Kagan had argued that the D.C. gun ban should continue. * In June, by another 5-4 vote, the court expanded the protections in Heller to residents of all states, striking down a gun ban in Chicago as a violation of the Second Amendment right to bear arms. * The administration is soon expected to go to court to try to block the Arizona law that aims to enforce the federal prohibitions on illegal immigration. There has been speculation the delay in the administration's lawsuit stems from its uncertainty over how to attack a law that is largely patterned after existing regulations that the federal government has declined to enforce. In part, the impending clash as the administration pushes its agenda forward appears to reflect the nation's growing partisan divide. In last week's confirmation hearings, Sen. John Cornyn, R-Texas, pushed Kagan to identify any area of economic activity that the federal government, under the U.S. Constitution, is not permitted to regulate. Kagan declined, saying, "I wouldn't try to." "It is not surprising that Kagan was reluctant to provide an example of an economic activity that Congress can’t regulate under the Constitution’s Commerce Clause," Levey tells Newsmax. "To some degree, this reflects the sorry state of Commerce Clause jurisprudence, in which the Supreme Court has refused to enforce any meaningful limits on Congress’s enumerated powers. "But Kagan also had something more specific in mind," Levey says. "She was clearly trying to keep her options open for stretching the Commerce Clause wide enough to allow her to uphold Obamacare’s individual insurance mandate."
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