Hand on Book

Bến Tre Revisited (King v. Burwell, Part One)

It may be proper for me to offer some observations on the Supreme Court’s highly consequential decision in King v. Burwell. At a December 2010 presentation at the American Enterprise Institute in Washington, I explained that parsing Section 1401(a) of the Affordable Care Act, which added Internal Revenue Code Section 36B, revealed something dramatic: The…

Elusive Discrimination

In what President Obama called its “thunderbolt” decision on same-sex marriage, the Supreme Court’s Obergefell v. Hodges judgement has put…

Is It Curtains for Mandatory Public Sector Union Dues?

In America’s experiment with unionized government, 2005 was a watershed year. California was then in the second year of the…

From the Blog

Mike Rappaport
University of San Diego School of Law

It’s the Kennedy Court

There have been a number of recent reports on how and why the Supreme Court…

My Reactions to King v. Burwell

I am a strong opponent of Obamacare.  But once I realized that a decision in…

Departmentalism versus Judicial Supremacy – Part IV: The Argument Based on the Constitution Being a New System

In my last post, I noted that the advocates of departmentalism do not rely on…

John O. McGinnis
Northwestern University School of Law

Uniting the Court’s Adherents of the Rule of Law

The story of this term has been a united block of the left on the…

The Incautious Justice Kennedy

While many have celebrated the result in Obergefell v. Hodges, fewer have praised the craftsmanship…

The Sharing Economy versus the Centralized State

Taxi drivers in France rioted yesterday to prevent Uber from competing with them.  They attacked…

Mark Pulliam
Attorney

Guardians of the New Class

Those of us who believe in the rule of law and limited government are understandably…

Overdue for Strict Scrutiny: Race Preferences and Cronyism at the University of Texas

Ironies abound in the long-running affirmative action case of Fisher v. University of Texas at…

Liberty Law Forum

MADISON, WI - MARCH 12:  Thousands of demonstrators protest outside the Wisconsin State Capitol March 12, 2011 in Madison, Wisconsin. Organizers were expecting 200 thousand participants to attend the rally to voice their opposition to Governor Scott Walker public sector union reforms.  (Photo by Scott Olson/Getty Images)

Is It Curtains for Mandatory Public Sector Union Dues?

In America’s experiment with unionized government, 2005 was a watershed year. California was then in the second year of the Age of Arnold. Elected on a pledge to put the Golden State’s dysfunctional fiscal house in order, Governor Schwarzenegger terminated the car tax on his first day in office. In his first year, the Republican and…

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