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 →…with columnist E.J. Dionne quite predictably calling for his resignation (preferably, I assume, while Obama is still in office). And here’s Ed Whelan’s complete takedown of Dionne’s arguments. But the fact that Whelan exposes Dionne’s errors probably won’t matter all … Continue reading →
The left is busy criticizing the Supreme Court as “activist” and biased in advance of any possible ruling against Obamacare. Oh, it’s perfectly fine for the Court to be activist when it is stretching the Constitution to fit the leftist … Continue reading →
In yesterday’s SCOTUS decision in Arizona v. US, something about Justice Scalia’s dissent seems to have outraged quite a few commentators, including law professor Paul Campos, who wrote a piece in Salon entitled “Antonin Scalia, Ranting Old Man.” At 76, … Continue reading →
…Citizens United was affirmed. Here are some more predictions about what will happen in the HCR ruling. Glenn Reynolds opines on the recent Democratic drive to pre-emptively delegitimize SCOTUS, in case it rules against them in the Obamacare case.
Continue reading →SCOTUS handed down a couple of big decisions, but not the one we were all talking about—that wily old SCOTUS. It will take a while for everyone to chew and digest today’s decisions, which are only appetizers compared to the … Continue reading →
…for what it’s worth, I’m made uneasy by all the assumptions that SCOTUS will declare the individual mandate unconstitutional when it issues its ruling. Maybe it’s just my tendency towards brooding, but even though I don’t usually make predictions I’ll … Continue reading →