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Justice Kavanaugh Sits: What does it mean for Roe v. Wade?

Collins assured the Senate, and her constituents, that Kavanaugh viewed Roe v. Wade as settled law. By leading the call for Kavanaugh’s confirmation, she has insured that the Court will not take up cases, or at least be reluctant, to take up cases, that get anywhere near overturning Roe. The Chief Justice will probably even avoid cases that expand state regulations of abortion, at least in the near future....

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Sweeping lawsuit would create a general mess

An activist court ruling. Metrowide racial balancing of schools. An end to local control. Sum total?  This Sunday Cover Op-ed appeared in the Star Tribune on October 7, 2018. On July 25, the Minnesota Supreme Court issued a ruling with far-reaching and troubling consequences for K-12 education in our state. The court determined that a lawsuit titled Cruz-Guzman vs. State of Minnesota and whose plaintiffs seek court-ordered metrowide racial balancing in the Twin Cities region’s public schools, can go forward. The case will now return to district court, where plaintiffs will push for a sweeping plan to sort metro-area students — including those...

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Will Left-Wing Ideology Trump Fundamental Fairness for Kavanaugh?

In today’s Wall Street Journal, editorial board member Allysia Finley writes a powerful piece (“Will the Senate Kill a Mockingbird?”) that describes the haunting similarities between the current Kavanaugh ordeal (69% call it a national disgrace) and Tom Robinson’s sham trial in Harper Lee’s classic novel: The novel chronicles the persecution of an innocent man by a bigoted and bloody-minded town. Amid the left’s crucible of Judge Brett Kavanaugh, Lee’s enduring lessons about due process merit reflection. “She’s mistaken in her mind” When Atticus cross-examines “the fragile-looking” Mayella, she bawls and accuses him of bullying. She then contradicts herself: “No, I don’t recollect...

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“Who will believe thee, Isabel?” Women Senators Reverse Decades of Progress

In addition to the character assassination of a sitting federal judge and Supreme Court nominee, and the terrible, chilling effect this will have on the willingness of any sane conservative to accept a nomination to the High Court, the greatest damage done by the Kavanaugh debacle is to the credibility of women....

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Who is Roque “Rocky” De La Fuente and why is he on the Primary Ballot for the U.S. Senate?

This falls under the “Believe It or Not” category of Minnesota election laws, along with same -day registration, voting without having to identify yourself, language assistance (if they cannot read or speak English why are they voting?) and “vouching” for the identity of others. Why should you be able to get on the ballot if you do not meet the residency requirements of the office for which you are running? Only in the Land of the Gullible where Ole and Lena dwell....

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Overturning ‘fair share’ union fees would restore balance

Many public employees object to union policies. The Supreme Court is in a position to overturn a requirement of "fair share" fees.  This op-ed originally appeared in the Star Tribune on June 21, 2018. Minnesota law requires public employees to fund unions even when they are not a member and they object to union policies. Once certified, unions get the revenue just for showing up; the state even collects the dues, at no charge. What would happen if public-sector unions like Education Minnesota had to earn revenue from teachers and other public employees? We may soon find out. The U.S. Supreme Court is...

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Will the High Court Stop Forced Union Fees for Public Employees?

We are standing by live right now to see if the Supreme Court rules in favor of restoring the First Amendment rights of public employees; in Janus v Afscme, the Court has been asked to overturn a 1977 decision that forces them to pay agency fees to a union.  If the Court does not rule today, it could rule Friday, or next Monday--or another day next week. But it will rule by June 29. ...

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MINNESOTA VOTERS ALLIANCE v. State of Minnesota and Joe Mansky: The First Amendment Wins, Again!

This case out of Minnesota was a challenge to the constitutionality of a Minnesota law that prohibits “political” apparel at the polls. The Court ruled 7-2 that this ban violates the First Amendment. "Minnesota has not supported its good intentions with a law capable of reasoned application." Ouch! ...

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Religious Freedom Narrowly Protected 7-2: Baker Does Not Have to Make Cake for Same-Sex Couple

This is a great day for America; our First Amendment jurisprudence remains strong in the face of attacks on our Judeo-Christian culture. In a 7-2 opinion, the Supreme Court ruled in favor of Jack Phillips of Masterpiece Cakeshop in Colorado. The opinion was written by Justice Kennedy who penned the opinion making gay marriage the law of the land in 2015. It is good that the Court did not split along the usual ideological lines but the ruling, which invited future challenges, is "a half-baked cake." ...

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