The SCOTUS leaks are coming—to coin a phrase—fast and furious. The other day we heard through CBS’s Jan Crawford that two highly-placed anonymous sources described Umpire Roberts’ late innings mind change on Obamacare, and that rumors that Roberts wrote the … Continue reading →
Eric Holder, in his continuing effort to deflect criticism for his actions in Fast and Furious (and just about everything else), recently told the WaPo: “I’ve become a symbol of what [Republicans] don’t like about the positions this Justice Department … Continue reading →
Here’s Ann Coulter, writing in 2005: …[W]e don’t know much about John Roberts. Stealth nominees have never turned out to be a pleasant surprise for conservatives. Never. Not ever… [L]et’s ponder the fact that Roberts has gone through 50 years … Continue reading →
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 →