Last month’s Supreme Court oral argument in National Labor Relations Board v. Noel Canning brought new attention to a recurring problem with the Obama administration. Despite his training as a former constitutional law lecturer, President Barack Obama continues to push dubious legal theories that fail to persuade even the most liberal justices to vote in his favor. Indeed, writes Senior Editor Damon Root, the White House has recently suffered a string of embarrassing courtroom defeats, losing unanimously on issues ranging from warrantless GPS tracking to the free exercise of religion. As we await the outcome in Noel Canning, here are Obama’s biggest constitutional flops to date.
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- Peter Suderman: Obamacare's 12 false premises and broken promises. Plus: The long, tortured quest for a conservative health policy.
- Consumers should drive medicine
- Jacob Sullum: Prosecutors disarm defendants by freezing their assets
- Ronald Bailey: The Aloha State’s dishonest anti-biotech campaign