I’ve griped before (I think) about the Supreme Court’s less-than-stellar record on protecting the commerce of the United States. The Upside-Down Constitution contains an extended riff on the theme. As always, I am entirely right. A pair of Supreme Court …
Herewith, Bond v. United States is making its fourth appearance on this blog (prior entries here, here, and here.) But we’re pikers: having already ruled on the case once (on a jurisdictional question), the Supreme Court looked …
Today’s Supreme Court decision in Armour v. City of Indianapolis presents another lamentable setback for folks (myself included) who’d like to rehabilitate a “rational basis” test that requires an actually—if minimally—rational basis for “economic” government regulation.
Indiana’s “Barrett Law” …
Yesterday, the Third Circuit Court of Appeals issued a second ruling in United States v. Bond. In a 2009 ruling, the court had held that Mrs. Bond lacked standing to challenge her criminal conviction on the grounds that the federal …
Yesterday’s post described a sharp sectional divide in contemporary American federalism: pro-competitive states versus pro-cartel states. The divide holds across Obamacare/Medicaid, labor, environmental, tax, and cultural issues. Here is the basic map again (the competitive coalition appears in red, the …
The legal professoriate and commentariat are completely unhinged over the impending demise of the individual mandate, the conservative justices supposed infatuation with Tea Party nostrums (see, e.g., Charles Fried’s pathetic tut-tut), and General Verrilli’s supposedly incompetent defense. …
Prediction: after today’s oral arguments over the Patient Protection Act, the individual mandate is in very deep trouble and quite probably as good as gone. While Paul Clement’s argument probably did not swing any wavering justices, it likely settled whatever …
Briefs have been trickling into the U.S. Supreme Court in the Obamacare cases. Soon, they’ll come flooding: briefing on the Affordable Care Act’s individual mandate is starting today.
It’s important to recognize that the constitutional arguments in the cases don’t always mesh easily with conservative-libertarian opposition to Obamacare’s policy—or for that matter, with their concerns over the state and trajectory of American federalism. Continue reading to learn more.
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