2013-06-03

Cato: Why Obama Strikes out in Court

As the world awaits the Supreme Court’s ruling on ObamaCare, there’s a larger story that the pundits are missing: the court’s rejection of the Obama administration’s increasingly extreme claims on behalf of unlimited federal power.
This term alone, the high court has ruled unanimously against the government on religious liberty, criminal procedure and property rights. When the administration can’t get even a single one of the liberal justices to agree with it in these unrelated areas of the law, that’s a sign there’s something wrong with its constitutional vision.
Let’s take these cases in order:
First, in Hosanna-Tabor Church v. Equal Employment Opportunity Commission, the government sued a church school that fired a teacher for violating one of the church’s religious tenets: threatening to sue over an employment dispute rather than resolving the disagreement internally. The Equal Employment Opportunity Commission claimed this violated the Americans with Disabilities Act because the firing was related to the teacher’s health issues.
The Supreme Court ruled 9-0 in January that punishing a church for failing to retain an unwanted teacher “interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs.” Such interference, it concluded, violates the First Amendment’s Free Exercise and Establishment Clauses.

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