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George Zimmerman…

The New Neo Posted on April 11, 2012 by neoApril 11, 2012

…has been arrested and charged with 2nd degree murder. You may have noticed that so far I have refrained from drawing any conclusions about Zimmerman’s guilt or innocence, because we just don’t know enough about the facts of the case. … Continue reading →

Posted in Law, Race and racism | 53 Replies

To Obama, the precedent is Wickard v. Filburn, not Marbury v. Madison

The New Neo Posted on April 7, 2012 by neoApril 7, 2012

[NOTE: Bumped up. Scroll down for new posts.] My new article is up at PJ. I urge you to go there and read it. Not just because I wrote it, but because I think it deals with something vitally important: … Continue reading →

Posted in Health care reform, Law, Liberty, Obama | 34 Replies

I don’t know what’s worse

The New Neo Posted on April 4, 2012 by neoApril 4, 2012

Is it that the author of this piece, David Dow, is actually a professor of law? Or that he actually might believe what he’s saying? Or that perhaps he doesn’t, but is just saying it to stir up ye olde … Continue reading →

Posted in Law | 22 Replies

The US Court of Appeals for the 5th Circuit has a little question…

The New Neo Posted on April 3, 2012 by neoApril 3, 2012

…for President Obama: did you really mean it, or were you just blowing smoke? This is rather “unprecedented,” to use one of Obama’s favorite words. The court’s question came up in a separate Obamacare case presently before a 3-judge panel … Continue reading →

Posted in Law, Obama | 36 Replies

Marcus v. Obama v. SCOTUS

The New Neo Posted on April 3, 2012 by neoApril 3, 2012

President Obama must have really overstepped yesterday when he warned the Supreme Court justices against ruling Obamacare unconstitutional. How do I know? WaPo columnist Ruth Marcus is criticizing him for his remarks. What caused her to take this enormous step, … Continue reading →

Posted in Health care reform, Law, Obama | 15 Replies

I guess it depends…

The New Neo Posted on April 2, 2012 by neoApril 3, 2012

…on what the meaning of “strong” is. Obama warns the Supremes about overturning HCR [emphasis mine]: “Ultimately I am confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was … Continue reading →

Posted in Health care reform, Law, Obama | 55 Replies

Clement v Verrilli

The New Neo Posted on April 2, 2012 by neoApril 2, 2012

So much praise has been heaped on Paul Clement, lawyer for the Obamacare opposition, that it made me wonder about him—just who he was and what he was doing before this particular case came his way. Clement’s got a lengthy … Continue reading →

Posted in Health care reform, Law | 12 Replies

The Obamacare case: challenging the Supreme Court’s legitimacy

The New Neo Posted on March 31, 2012 by neoMarch 31, 2012

The latest liberal meme is that if the Court rules against Obamacare it will be such an egregious case of conservative judicial activism that the Court will become illegitimate. My question is: to whom? The 72% of the American public … Continue reading →

Posted in Health care reform, Law, Politics | 36 Replies

Legal elites and the Obamacare case

The New Neo Posted on March 30, 2012 by neoMarch 30, 2012

Jonathan Adler asks the question: why did legal elites underestimate the case against the mandate? You might want to give quick and flippant answers—such as, for instance, “because they’re stupid and biased”—but that really doesn’t tell us much. Legal elites … Continue reading →

Posted in Health care reform, Law, Liberals and conservatives; left and right | 38 Replies

Reading the justices: second day of SCOTUS arguments on HCR

The New Neo Posted on March 27, 2012 by neoMarch 27, 2012

I’ve noticed a lot of speculation today about the way the questioning is going in the Supreme Court, and what it might mean for the ultimate ruling. And that’s as it should be. It’s a case of unusual importance, and … Continue reading →

Posted in Health care reform, Law | 10 Replies

Supreme Court begins to hear oral arguments on Obamacare today

The New Neo Posted on March 26, 2012 by neoMarch 26, 2012

Three days of oral arguments is a long time in SCOTUS-land, indicating that the Court considers the issues in the HCR case incredibly important. And yet this hasn’t stopped some liberal commentators (see this, for example) from preemptively suggesting that … Continue reading →

Posted in Health care reform, Law, Liberty | 7 Replies

What passes for legal analysis in Slate

The New Neo Posted on March 23, 2012 by neoMarch 23, 2012

Soon the Supreme Court will be facing the question of whether the federal health care individual mandate is constitutional, but Slate’s Dahlia Lithwick thinks the legal questions are laughable and not even worth considering. Of course it’s constitutional, dummyheads, she … Continue reading →

Posted in Health care reform, Law, Press | 31 Replies

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