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21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
27 Apr 2014, 9:01 pm by Neil H. Buchanan
In fact, however, the purveyors of the idea of “tax freedom” are riffing off of an argument that was advanced by the late libertarian philosopher Robert Nozick. [read post]
23 Mar 2022, 9:00 pm by Neil H. Buchanan
The editorial board of The New York Times made a calculated splash last weekend by publishing a lead editorial under the headline: “America Has a Free Speech Problem. [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
In short order over the last two weeks, the latest debt ceiling crisis was defused, the date of the next crisis was all but set in stone, and the political class quickly moved on to “previously scheduled programming”—that is, to the many ongoing crises that the debt ceiling standoff had pushed off the front pages for more than a month.Hindsight bias may leave the impression that this result was foreordained, but it was not. [read post]
26 May 2012, 12:38 pm
" Other recent posts of interest at that blog from earlier this month are titled:"From the Library of Congress: Warren Burger Gives Some Advice to Harry Blackmun; William Rehnquist Says Blackmun is a 'Meh' Writer"; "From the Reagan Library: Robert Bork Seriously Just Can't Buy a Break"; "From the Reagan Library: Questions for President Reagan to Ask Prospective Nominees Rehnquist and Scalia (1986)"; "From the Reagan Library: The… [read post]
31 Oct 2021, 9:01 pm by Neil H. Buchanan
The idea was that Republicans need not act openly as though the country has become a banana republic, because the one skill that people like Neil Gorsuch and John Roberts have honed over the years is to hide awful decisions behind a cloud of legalistic nonsense. [read post]
31 Oct 2021, 9:01 pm by Neil H. Buchanan
The idea was that Republicans need not act openly as though the country has become a banana republic, because the one skill that people like Neil Gorsuch and John Roberts have honed over the years is to hide awful decisions behind a cloud of legalistic nonsense. [read post]
4 Aug 2013, 9:01 pm by Neil H. Buchanan
  In a Verdict column at the time, I described why Chief Justice Roberts’s decision was correct, because it recognized the form-over-substance nature of the arguments by those who said that it was not a tax simply because Congress did not call it a tax. [read post]
26 Oct 2017, 7:38 am by Andrew Koppelman
  Buchanan was one of the many beneficiaries. [read post]
30 Sep 2008, 6:05 am
Assuming that Chief Justice Roberts and Justice Alito are no more likely to find an Equal Protection right to abortion than Rehnquist or White was, at least three and probably five judges of the current Supreme Court might take the view that a law that is challenged as an Equal Protection violation should be easier to justify if it violates a substantial Due Process right, as well. [read post]
30 Sep 2008, 6:05 am
Assuming that Chief Justice Roberts and Justice Alito are no more likely to find an Equal Protection right to abortion than Rehnquist or White was, at least three and probably five judges of the current Supreme Court might take the view that a law that is challenged as an Equal Protection violation should be easier to justify if it violates a substantial Due Process right, as well. [read post]
4 Sep 2014, 6:13 am
The title of the conference was “The Unique Contributions of Armen Alchian, Robert Bork, and James Buchanan to the George Mason University School of Law. [read post]
2 Dec 2011, 1:59 am
"No group's protocol will be approved and enforced without scientific validation," Buchanan added. [read post]
17 Aug 2015, 9:01 pm by Neil H. Buchanan
For far too many people in the United States, the issue of “illegal immigration” evokes visions of people crossing the border from Mexico, intent on taking American jobs and using government services without paying taxes. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
For the past five years, I have been writing columns and giving speeches warning that Donald Trump is an existential threat to constitutional democracy. [read post]
2 Nov 2021, 9:01 pm by Neil H. Buchanan
Could the Supreme Court suddenly strike down tax laws that have existed without challenge for decades? [read post]
2 Nov 2021, 9:01 pm by Neil H. Buchanan
Could the Supreme Court suddenly strike down tax laws that have existed without challenge for decades? [read post]
26 May 2015, 9:00 pm by Neil H. Buchanan
Here, however, the breakdown was truly unexpected: Justice Alito wrote the majority opinion, joined by Breyer, Kennedy, Roberts, and Sotomayor, while various dissents were filed and joined by Ginsburg, Kagan, Scalia, and Thomas. [read post]