After all the brouhaha, I’ve come to the conclusion that, although I would have liked to have seen Obamacare overruled Thursday, fussing about the details of Commerce Clause vs. tax power isn’t really the point, although it’s legally interesting and … Continue reading →
…by Andrew McCarthy.
Continue reading →It can do almost anything it wants to. Rick Hills, an NYU law professor who appears to specialize in federalism (and does not appear to be a conservative), writes: I am no friend of the Commerce Clause argument against the … Continue reading →
I stayed up until the wee hours of the morning reading the SCOTUS Obamacare decision. What I found was so distressing I’m having trouble digesting it; it’s too fibrous and unappetizing a meal. But I’ve already swallowed it; in fact, … Continue reading →
In another comment thread, I wrote: In order for the Court to have standing to hear the suit””because if it were a tax, it could not be heard until the “tax” kicks in, which I believe wouldn’t be till 2014””the … Continue reading →
I’ve been wondering what sort of reasoning the Court used to justify calling the mandate a tax, despite the fact that it the people who designed it and passed it explicitly claimed it was not a tax. Here’s the text … Continue reading →
Randy Barnett, who has been instrumental in developing the legal arguments against Obamacare, asks a very good question: Who would have thought that we could win while losing? The “we” he refers to are those who’ve been arguing—like he has—that … Continue reading →
Here it is: On the mandate, the Chief [Justice Roberts] then goes on to agree with Randy Barnett’s activity/inactivity theory. He writes: “To an economist, perhaps, there is no difference between activity and inactivity; both have measurable economic effects on … Continue reading →
Justice Roberts has joined the liberal wing of the Supreme Court in ruling that the HCR bill is constitutional, 5-4. It seems that, when faced with the dilemma of possibly invalidating a huge act of Congress, the Court sidestepped that … Continue reading →
…I thought you might like to read this remarkably prescient and cogent article by David Rivkin. Amazingly, it was written in 1993, but it is right on target for today. I think it is of no small significance that Rivkin … Continue reading →
…about a pending SCOTUS decision since Bush v. Gore. And back then I was on the other side. [ADDENDUM: It occurs to me that I need to explain why I feel this degree of nervousness. It’s not about Obamacare, although … Continue reading →
…to unite Jews and Muslims.
Continue reading →