Mike Wakefield

Mike is a practicing attorney in Washington, DC and is a former law clerk at the Republican National Committee. He is Red Alert Politics' Senior Legal Correspondent. He holds a B.S. in Finance and a J.D. from the University of Virginia.

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Articles From Mike

Red Alert’s Supreme Court round-up: Top 5 rulings for conservatives this term

hobby lobby home

For the most part, the end of the Supreme Court’s term last week marked the end of a remarkably successful session for conservatives and libertarians. Here are the top five conservative victories this year.

Ignore the liberal freak-out: Justices got it right on Hobby Lobby and religious freedom

AP Photo/Sue Ogrocki

The Justices weren’t asked to debate the social policy merits of Obamacare; they were asked whether a Federal law, the RFRA, requires a religious exception to the contraception mandate. Based on that law’s language, the answer is clearly yes.

Supreme Court rules that lover’s revenge plot isn’t chemical warfare, but for wrong reason

Supreme Court

The Supreme Court Monday ruled unanimously, albeit under differing rationales, that Federal prosecutors went overboard when they charged a jilted lover with two counts of possessing and using a chemical weapon when she set out to give her husband’s lover an “uncomfortable rash.”

Liberal Overreaction to Supreme Court Campaign Finance Decision is Ridiculous

Supreme Court

Almost immediately after the Supreme Court handed down its pro-free speech decision in the campaign finance case McCutcheon v. Federal Election Commission yesterdayliberals rushed to denounce the decision as one of the “worst decisions of all time,” and the end of democracy as we know it. Who knew political speech during an election could be such a terrible thing for the democratic process.

Three Things Everyone Should Understand About the Contraception Mandate Cases

Obamacare protest

Today the Supreme Court will consider oral arguments in Sebelius v. Hobby Lobby Stores, Inc.  and Conestoga Wood Specialties Corp. v. Sebelius, two cases which challenge Obamacare’s controversial contraception mandate on religious grounds.

Here are three things everyone should know about the case.

Democrats’ Millennial loss may be Republicans’ gain

youth voters holding Obama signs

Liberals love to hit Republicans hard over their so called “war on women” or their alleged “war on the poor,” but they tend to give themselves a pass on their own, much broader, war on the young. Growing generational inequality in the form of massive, unfunded economic subsidies supporting the old, and paid for by the young, has led many commentators to predict a future “generational showdown.”

What’s next for the Second Amendment after Supreme Court passes on concealed carry case

Supreme Court

Although the Supreme Court announced today that it will refuse to hear a challenge to Texas’s ban on the public carrying of firearms by 18-20 year-olds, the Justices are expected to soon take-up the broader issue of overly restrictive gun-carry laws in another series of cases that have been working their way through the judicial system.

Three bipartisan proposals to address income inequality Obama didn’t mention in SOTU

President Obama

In what he framed as the “defining project of our generation,” President Barack Obama vowed last night in his annual State of the Union address to aggressively address economic inequality in America, with or without support from Congress.

But instead of focusing on areas designed only to create wedge issues for the 2014 election, the President could have focused on proposals with bipartisan support that effectively address the issue of economic inequality.

Supreme Court to hear First Amendment Case on “False” Political Speech

abortion Supreme Court protest

The Supreme Court agreed late last week to hear a First Amendment case involving the government’s threatened prosecution of political speakers who allegedly mislead their listeners.

Judge’s Chicago gun decision a big gift to Second Amendment supporters, the NRA

Glock handgun

Adding to the growing body of pro-Second Amendment judicial precedent, a Federal Judge Monday overturned Chicago’s ban on retail gun sales. Judge Edmond Chang also overturned the city’s ban on private gun transfers between individuals.

The legal victory is a bigger win for gun-rights activists than it appears at face value.

Battle over NSA phone program continues brewing within federal judiciary

National Security Agency NSA

A Federal Judge in New York handed the Obama administration a legal victory for its controversial phone data collection program last week, concluding that the program was a legal and vital “counter-punch” against increasingly sophisticated terrorism networks.

Four things every American should know about the NSA’s surveillance programs

National Security Agency NSA

Ever since the revelation this June that the National Security Agency has been silently collecting data on millions of Americans, civil libertarians have become increasingly alarmed by additional specifics that have slowly come to light. And now, the NSA programs are being pitted against Americans’ Constitutional rights in a case that could drastically impact United States surveillance in the future.

Florida court rules college students have Second Amendment rights too

Glock handgun

In a 12-3 ruling, a Florida District Court of Appeal ruled Tuesday that public universities may not prohibit college students from keeping guns in their cars when permitted by state law.

Filibuster ‘nuclear option’ is about locking in Obama’s social policy, not Republican obstructionism

(Associated Press/J. Scott Applewhite)

With the confirmation bar for judges now set dramatically lower, Obama’s legacy will not be Obamacare, assuming it survives — it will be the Obama judiciary.

Oral arguments reveal exactly why justices should leave public prayer alone

(Jeff Kubina/Flickr)

God save the United States and this honorable court,” intoned the Supreme Court marshal yesterday to formally begin the Court’s oral arguments in a case arising from a New York town’s decade-old tradition of opening its town council meetings with a prayer.

The health exchange “glitch” that should really worry Democrats: Judge allows Obamacare challenge to continue

Obamacare protest U.S. Capitol

On Tuesday, a federal judge in Washington, D.C., ruled that a legal challenge to Obamacare’s health insurance subsidies may proceed, but denied the challengers’ request to block the subsidies before he makes his final ruling on the case next February.

Debunking the bogus “2012 referendum on Obamacare” claim


President Barack Obama summed up the left’s current Obamacare talking points in a Rose Garden speech last week: “The Affordable Care Act is a law that passed the House, that passed the Senate, the Supreme Court ruled constitutional. It was a central issue in last year’s election. It is settled, and it is here to stay.”

In other words, “I won. Obamacare won. Get over it.” Yeah right.

Supreme Court Preview: Three Cases to Watch Next Term

File photo

The Supreme Court’s upcoming term will not feature the same blockbuster, hyper-political issues like same-sex marriage or the Voting Rights Act, but Americans should be aware of several important cases on the docket for oral arguments beginning in October. Here are three cases particularly likely to make news and have significant political implications.

Ashton Kutcher’s useful advice to Millennials – get over yourselves!

Ashton Kutcher

“I believe that opportunity looks a lot like hard work,” actor Ashton Kutcher said during his acceptance speech at the 2013 Nickelodeon Teen Choice Awards Sunday night.

Attorney General Eric Holder has no case against Texas voting laws

Eric Holder

In response to the Supreme Court’s decision to strike down Section 4 of the Voting Rights Act, Attorney General Eric Holder announced Thursday a new legal tactic to combat voting laws he views as racially discriminatory. Texas, which has indicated that it plans to go ahead with its broadly popular voter ID law, will apparently be Holder’s first target.