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Einer Elhauge, professsor of law and founding director of the Petrie-Flom Center in Health Law Policy at Harvard University, says there are limits to Congressional powers under the Commerce clause such as enacting a law requiring Americans to eat broccoli. If the health care law required all Americans to subject themselves to health care this would be the case. But the law only requires all to buy insurance so that insurance can cover the costs of healthcare for all. He points to the "necessary and proper clause" as also authorizing the health care mandate. That clause gives Congress the power to pass laws that are "rationally related" to execution of constitutional powers, such as criminalizing the interference with mail, on the basis of the constitutional power to setup post offices. In this case the health care law mandate is related to the constitutional power to regulate premiums and prohibit rejecting the sick, says Elhauge.

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The Supreme Court in a 6-3 decision, says Aereo, a startup video streaming service, violated copyright laws by taking broadcast signals on miniature antennas and giving them to subscribers for a small fee.

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The U.S. Supreme Court's 6-3 decision against Aereo. Justice Breyer writing an 18 page opinion stated: "We conclude that Aereo is not just an equipment supplier." Adding that Aereo had a "overwhelming likeness" to cable companies which have to pay fees to retransmit broadcast programming. Breyer rejected Aereo's argument that it did not make copyright violations because of the technical makeup of its system, saying that "we do not see how the fact that Aereo transmits via personal copies of programs could make a difference."

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Alexandra Stevenson provides this exceptional account summarizing the reasoning in the minds of Argentine negotiators and holdout bondholders over a debt dispute remaining from the 2001 Argentine debt crisis and default. Over a decade later the repercussions of Argentina's 2001 debt crisis and default are still taking new twists ant turns. Holdout bondholders won in U.S. courts and Judge Griesa ordered Argentina to make full payment demanded by holdout bondholders. Argentina responded by depositing $539 million in Bank of New York Mellon as instalment payment to exchange bondholders. Judge Griesa responded by ruling that if Bank of New York Mellon made the payment it would be in contempt of court. Griesa also called for court mediated negotiations between Argentina and the holdout bondholders to come up with an agreement. Argentina and hedge fund holdouts negotiated in July 2014 but talks faltered. Legal experts say that if Argentina makes an agreement with holdout bondholders led by NML Capital which is asking for $1.5 billion, the risk is that the exchange bondholders could also ask for better terms. After the 2001 crisis following which Argentina defaulted on its debt, agreements were reached for bondholders to be paid about 25 cents on the dollar. Not all bondholders agreed, the bondholders who agreed are called the exhange bondholders, and the ones holding out holdout bondholders. From the Argentine government's point of view the risk of reaching agreement with the holdouts suing Argentina is that the other holdout bondholders not represented in the lawsuit could also ask for the same terms, and Argentina would have to pay all the holdouts costing it $15 billion. Risks if Argentina allows it to go into default are that exchange bondholders would come together to pressure the Argentine government to make a full payment of their discounted bonds quickly. This would cost Argentina payment of as much as $28.7 billion, according to JPMorgan estimates, under the right to "accelerate" payment if Argentina is considered as having missed a July 30, 2014 payment deadline. Legal experts say Argentina has to weigh this risk, which may or may not occur depending on the exchange bondholders taking such action, against the risk of having to pay out $15 billion to all the holdouts. Paying all holdouts would be politically very unpopular in Argentina, posing political risks for the socialist Peronist Kirchner government, already facing difficulties with the trade unions and the stronger opposition from centrist parties in Buenos Aires province. Default would affect Argentine access to capital markets, which is already highly restricted. Yet because Argentina has made the payment to Bank of New York Mellon, blocked by Judge Griesa, the nature of this default would be different. A worse case scenario for Argentina's Kirchner government is reopening negotiations with exchange bondholders for higher payment on debt than the 25 cents on the dollar already agreed to. Argentina faces an acute cash shortage with international reserves of only about $29.5 billion in May 2014, and a slowing agricultural export dependent economy. This is why the prospect of a technical default is being treated with relative calm in Buenos Aires....

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This editorial says the patent system has become too costly and a hurdle to companies trying to make innovations. The "non-obvious" nature needs to be enforced, says The Economist- so that Amazon's one click or the Apple patent on rectangular patents with rounded corners should not be given. Google's patent in 1998 on ranking websites by numbers of users and sites linking to it, is cited as an example allowing companies to build a monopoly using a key element for presenting search results.

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The feud between New Jersey Governor, Chris Christie, and the head of the state teacher's union, Ms. Keshishian. Governor Christie called the state legislature into an emergency session and pushed through a 2% cap on annual increases in property taxes, which have risen 70% over the last decade in New Jersey. The issue is whether the extent of spending on education is sustainable in New Jersey. New Jersey's median property tax is the highest in the nation, at $6,579. By comparison New York is $3,755 and Illinois $3,507. New Jersey residents pay an average of 11.8% for property taxes. Both sides have engaged in strong rhetoric and the teachers union has attacked the Governor in television ads. Governor Christie refused to discuss issues with Keshishian, and ended a meeting in his office, with "Not with you. I don't." The teachers argues that New Jersey schools provides some of the best schooling in the nation- the state's high school graduation is 82%, and it ranks among the top 5 states in key subject areas, according to the Education Law Center in Newark. Its graduation center for black males is 69%. New Jersey also has a heavily unionized public sector with relatively high wages for public workers of all kinds, including teachers. This and a state supreme court decision mandating increased funding for schools in poor communities raises the cost per pupil to $17,794, the highest in the nation, after Washington D.C. New York is at $16,981. California, and Illinois spend $11,000. The average New Jersey teacher makes $61,277 a year, well above the U.S. average of $52,800, according to the National Education Association. Medical and other benefits add $19,140 according to the teacher's union. And the unsustainability goes back to issues such as unfunded liabilities for benefits and pensions in New Jersey. New Jersey's Treasurer estimates the unfunded liabilities relating to lifetime health benefits for current and retired teachers at $36.32 billion....

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"Progressive" is a misused word, people are just interested in the words "decent," "fairness," and "Christian" from the color of the heart.  It is just how Republicans see the contest for the US Senate  that reveals their sense of priorities for the Nation.The main concerns of Republicans, old traditional Republicans shown here in this WSJ Editorial are that somehow gains on the US Supreme Court could be reversed with retirement of Alito and Thomas in their seventies, and fears of the same policies that set up Medicare and Social Security- following the changes of the Industrial Revolution and dismal factory conditions and wages at the turn of the century- under Republican Teddy Roosevelt  (the incipient changes), Woodrow Wilson an academic from Princeton, and Franklin Roosevelt. A new version of old Tory politics still exists in the US. It is these industrial conditions rewritten with work safety laws, workmen's compensation, first 54 in 1918 after the Triangle Factory Fire,  then 40 hour week, unemployment insurance, worker union rights for fair negotiations on wages, that made the US a strong manufacturing nation and Industrial power, creating the synergies for worker contributions combining with technologies, managerial skills for a decent standard of living that surpassed all other nations. It is this achievement that was put at risk in the 21st century by shipping factories overseas and thoughtlessly sending the technologies with it, which happened under a series of administrations since the 1980's Reagan, Bush, Clinton, Bush Jr., Obama and Trump. Done thoughtlessly and recklessly. And the wars that started with president Reagan in Iraq/Iran/Afghanistan that diverted the two trillion dollars that would have rebuilt America's aging infrastructure. Biden was the first president to have a clear focus on the changes needed to rebuild infrastructure and manufacturing, technologies and science, and rural America, in a concerted push that has made gains that surpass any that exist in Europe or China. Restoring the US economy to No. 1. Harris in her own way offers the pieces of the puzzle to reverse the pandemic induced cost of living increases that complement the work of president Biden in 2024, continuing the work of rebuilding infrastructure and manufacturing for leadership in the world.     ...

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Chief Justice Roberts let the Obama healthcare law stand arguing that the individual mandate for everyone to carry health insurance acted as a tax, and was on these grounds constitutional. Justice Roberts found middle ground by first rejecting the Obama's administration's argument that asking every American to buy health insurance was legal under the commerce clause, and following this with the a non partisan approach that found the mandate legal under the tax clause. Roberts was guided by the writings of an eminent legal authority, Justice Oliver Wendell Holmes. Roberts referred to this in his opinion saying: "It is well established that if a statute has two possible meanings, one of which violates the constitution, courts should adopt the meaning that does not do so." Legal scholars speculate whether Roberts changed his vote later on or whether the Justice had used the questions in the hearings on the law to explore the idea that the law could be constitutional on different grounds. During the arguments in the hearings Roberts said: "The idea that the mandate is something separate from whether you want to call ita penalty or tax just doesn't seem to make much sense."...

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In a major western nation the Shadow Government is now being led by someone who did not spend childhood years growing up in that country, putting this out of reach for millions of children whose parents and grandparents have lived there for generations. The result is that the common people are losing faith in government. In that major western nation people are deserting the main parties looking for alternatives and common sense even though the laws on birthright citizenship were finally and belatedly changed in 1983. US vs Wong Kim Supreme Court case of 1898 is about Wong as a son of parents lawfully and permanently domiciled in the country, and was seen by the Supreme Court as a natural born child for good reason. That this does not apply to women coming to a western country to give birth specifically to gain citizenship for a child and then departing appears obvious. Just one year after a mother from West Africa arrived along with others who made the same journey from around the world to give birth for citizenship in the UK, the UK changed its laws to prevent this from happening again. In the US as it seeks to  follow other countries in Europe to prevent birthright citizenship used in opportunistic ways not inherent in genuine citizenship, this jurisdiction does not apply to people here illegally or temporarily.   The authors of this article in WSJ say temporarily as understood by ephemeral jurisdiction. They cite the citizenship clause.Sen. Jacob Howard (R., Mich.), sponsored the Citizenship Clause. Senator Jacob Howard argued that it “ought to be construed so as to imply a full and complete jurisdiction on the part of the United States.”    ...

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This editorial in the WSJ describes the sharp increase in premiums under the Affordable Care Act of president Obama. The average premium increase is about 24.2% according to a Barclay's analysis, and as high as 43.9% in states such as Illinois. Bill Clinton calls it the craziest thing with small business affected, and some premiums doubling. Of the 17 million people in the individual market eight million buy without subsidies. One in five enrollees cannot qualify for subsidies. Democrats say subsidies are too small. Hillary Clinton has proposed to have a Medicare "buy-in" for people ages 55-65, and a "public option" government run plan. Republicans want to rewrite the law. But this depends on which party wins the Senate, with the election in Missouri giving Democrats an opportunity to maintain a Senate majority.

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Henninger says it is imperative to set up strong community standards that "shame the shameless," when it comes to violent video games produced by videogame companies.

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Diversity support is dropping among CEO's with the new DJT administration taking office in 2025. Diversity is also losing support nationally. PEW Research shows nationally 52% support it in 2024 compared to 56% in early 2023. Among Republicans the shift is pronounced disapproval of Diversity up to 42% from 20% in the same period. Dhillon's law firm represented a social media activist Starbucks who launched campaigns against corporate Diversity policies during his campaign for Congress from Tennessee. DJT says Dhillon has a history of “suing corporations who use woke policies to discriminate against their workers."

CEO's appear to be saying they were not enthusiastic about such policies in the first place. The shift in sentiment nationally and the US Supreme Court decision against affirmative action in colleges has led to this shift in business CEO thinking.

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UnitedHealthcare says it will keep parts of the healthcare law relating to preventive healthcare services without co-payments, allowing parents to keep children on insurance till age of 26, even if the Supreme Court rules against the healthcare law. Most insurers see these parts of the law that are popular quite favorably.