With the federal courts increasingly overstepping their constitutional bounds, support for nullification is growing.
The Supreme Court issued an order on June 29 that temporarily stops the Department of Health and Human Services (HHS) from enforcing the ObamaCare mandate that employers must provide contraceptive coverage for their employees against a group of Pennsylvania faith-based charities while their suit against HHS continues. The order remains in effect pending final disposition of the plantiffs’ petition to have their case reviewed.
Senator Rand Paul (R-Ky.) and the group Republicans Overseas Action are planning a lawsuit against the Obama administration’s Treasury Department and the Internal Revenue Service, the latest effort to stop a deeply controversial scheme known as the Foreign Account Tax Compliance Act (FATCA) that turns constitutional privacy protections upside down. Represented by a leading constitutional attorney, Senator Paul is taking aim at a barrage of pseudo-treaties — so-called “Intergovernmental Agreements” (IGAs) — negotiated by the administration with foreign governments and dictatorships under FATCA to share personal data. Critics contend that the information-sharing agreements and the statute itself are unconstitutional for numerous reasons.
On June 29, the secret Foreign Intelligence Surveillance Court (FISC) ruled that a federal court and Congress were wrong to end the National Security Agency’s bulk collection of phone metadata; therefore, the mass surveillance can carry on as before — for now.