Meaning and Consequences in King v. Burwell

Jack Balkin has made an interesting observation about the argument in King v. Burwell: One of the strongest arguments for the government's position in King v. Burwell has been based on consequences: if the Supreme Court denied insurance subsidies to customers on federal exchanges, the consequences will be disastrous both for insureds and for the states. But he…

The Dismal Performance in Federal Policy-Making: A Discussion with Peter Schuck

Peter Schuck comes to Liberty Law Talk to discuss Why Government Fails So Often. Like James Buckley and John DiIulio,…

Obamacare Meets Rudy

Yesterday’s extended argument in King v. Burwell brought moments of something bordering on joy and gratitude. The exchanges between Justice Elena…

From the Blog

Mike Rappaport
University of San Diego School of Law

Developments on Sexual Assualt and Due Process

I am off to a conference, but I wanted to mention two additional developments in…

Why Can’t a Man Be More Like a Woman?

In My Fair Lady (based on George Bernard Shaw’s Pygmalion), Professor Higgins asks why can’t…

Article III’s Case-or-Controversy Requirement: The Original Meaning

Another of the papers held at the Works-in-Progress Conference at the Originalism Center at the…

John O. McGinnis
Northwestern University School of Law

Meaning and Consequences in King v. Burwell

Jack Balkin has made an interesting observation about the argument in King v. Burwell: One of the…

Breathing Homer’s Pure Serene

Why Homer Matters is the best book about literature I have read in decades. Significantly,…

We Grow More Equal as Technology Dematerializes the World

At this year's Federalist Society student symposium Richard Epstein and I spoke on a panel on…

Michael S. Greve
George Mason School of Law

Obamacare Meets Rudy

Yesterday’s extended argument in King v. Burwell brought moments of something bordering on joy and gratitude.…

Trust Us, We’re the IRS

I am a faithful subscriber to the Washington Post: morning after morning, it makes for…

Federal Preemption: The Numbers

The federal preemption of state law is a subject that only dorks could love. Four…

Liberty Law Forum

Moynihan

Evaluating the Moynihan Report on the Negro Family 50 Years Later

A half-century after its publication, the Moynihan Report—The Negro Family: The Case for National Action—endures. It does so for many reasons, its prescience and courage chief among them. But the Report is more than a faithful contemporaneous portrait, and deeper than an accurate projection. It is a political document in the noble sense, reflecting searching…

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