Archive for the ‘Uncategorized’ Category

Healthcare Lawsuit- Judge strikes entire act based on individual mandate- but finds no merit to the Medicaid claim

Breaking news, decision just came down.  Analysis to follow. vinson-ruling Excerpt from the opinion: For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and […]

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Posted on January 31st, 2011 by Woodring Law, filed under Uncategorized
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Where judicial activism morphs into disregard

Where judicial activism morphs into disregard. Interesting article. The Ninth Circuit is maintaining its role as the most reversed circuit. Some excerpts below: Four times this month the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals. Four times the Big Bench unanimously reversed Ninth U.S. Circuit Court of Appeals decisions. Unanimous […]

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Posted on January 30th, 2011 by Woodring Law, filed under Uncategorized
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Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com

Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com. This is an interesting decision, written by a court that appeared intent on chastising the lower appellate tribunal.  If the supreme court analysis of Illinois law was correct, this is a classic case of judicial activism.  Opinion here: Rahm Some excerpts from the decision below: […]

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Posted on January 27th, 2011 by Woodring Law, filed under Uncategorized
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Florida Health Care Lawsuit Update

Well, as I write this, the arguments are underway in federal court in Pensacola on the cross motions for summary judgment in the case challenging the constitutionality of Obamacare.  For those of you following this case closely, attached are the parties motions and responses that are being argued today:   Plaintiffs MSJ-Memo; Plaintiffs MSJREPLY ; Plaintiffs […]

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Posted on December 16th, 2010 by Woodring Law, filed under Uncategorized
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Foreclosure Defenses- A Conservative Perspective

The Wall Street Journal has an article today about the attorneys who have done some of the litigation and discovery that has uncovered alleged “robo-signers.  Clearly, there is no excuse if employees of the banks have made false representations in documents, but this issue begs the question of the impact any misrepresentations should have on […]

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Posted on October 21st, 2010 by Woodring Law, filed under Uncategorized
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Key count in health care lawsuit survives motion to dismiss

Today Judge Vinson issued his order on President Obama’s motion to dismiss in the health care lawsuit that Florida and other states have filed in the northern district. The key count, the unconstitutionality of the individual mandate requiring purchase of health care or a penalty survived, as did a coercion count in regard to the […]

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Posted on October 14th, 2010 by Woodring Law, filed under Uncategorized
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Amending the Constitution by Convention: A Complete View of the Founders’ Plan | Goldwater Institute

Amending the Constitution by Convention: A Complete View of the Founders’ Plan | Goldwater Institute.  The Goldwater institute has put out an interesting historical argument in support of limited constitutional conventions being contemplated by the founders. Most of the conclusions reached in the report are fairly non- controversial, with the exception of the analysis of […]

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Posted on September 16th, 2010 by Woodring Law, filed under Uncategorized
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Comes a Horseman – Article – National Review Online

Comes a Horseman – Article – National Review Online. Have you ever wondered where the term “living constitution” originated? Well, this article will give you the answer. Seriously, this article is an excellent read on the change that occurred when FDR threatened to pack the court, and provides a good historical basis to see the […]

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Posted on September 15th, 2010 by Woodring Law, filed under Uncategorized
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The Federalists, the Anti-Federalists, and the Constitution They Created

This was a busy, but intellectually rich weekend for me. On Friday I was in Orlando speaking at a Republican National Lawyers Association (RNLA) event on voter registration,early voting and absentee ballots, and pre- election legal challenges.  I then had to fly to Atlanta to participate in a symposium that was being co-hosted by the […]

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Posted on September 13th, 2010 by Woodring Law, filed under Uncategorized
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11th Circuit Enjoins Florida from providing McCollum Funds in Governor’s Race Based on Scott’s Expenditures.

With a very rapid ruling, oral argument only having been held this morning, the 11th Circuit has preliminarily enjoined Florida from paying our any state funds to McCollum once Scott exceeds the 24.9 million cap. Opinion is attached scotts-appeal-ruling.  Basically, the court held that Scott’s speech would be impaired, Strict scrutiny would apply, no compelling […]

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Posted on July 30th, 2010 by Woodring Law, filed under Uncategorized
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