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In reality, only wealthy individuals or organizations can make effective use of the initiative even today. [read post]
12 Feb 2015, 9:01 pm by Vikram David Amar
(I should point out here that individuals who violate federal court orders are generally punishable for contempt even when the federal court orders themselves go too far and are later determined to be illegal.) [read post]
Perhaps the Constitution’s primary and most effective role in these events is protecting the rights of individuals and groups to protest what they see as unsanctioned violations of the equal protection of the laws. #3. [read post]
7 Dec 2014, 9:01 pm by Vikram David Amar
In fact, the federal government may advance money to Obamacare subsidy beneficiaries (in the form of payments to health care insurers) prior to an individual filing her federal tax return, b [read post]
4 Dec 2014, 9:01 pm by Vikram David Amar
Mike focused particularly on the views expressed by four dissenting Justices in 2012 that the so-called individual mandate exceeded Congress’s powers and that the whole Obamacare statute was constitutionally invalid. [read post]
24 Oct 2014, 11:54 am by Benjamin Bissell
” Even so, Shane Harris and Reid Standish write in Foreign Policy that the attacks in Ottawa mean that “NSA-style surveillance could be coming to Canada much faster than anyone thought. [read post]
In reaching its decision, the Court observed that “‘true threats’ encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals . . . [read post]
28 Aug 2014, 9:01 pm by Vikram David Amar
A few months ago, I wrote about an effort by the California legislature to undo an unwise (but duly enacted) voter initiative involving immigration policy. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
On the first question, Justice Alito reasons quite broadly, and rests statutory protection for Hobby Lobby on the ground that a for-profit closely held corporation is itself a “person” capable of the “exercise of religion” under RFRA (rather than resting protection on the idea that the persons whom RFRA protects are the owners of a corporation, and the fact that Hobby Lobby’s owners are operating through the corporate form should not strip them of the statutory… [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [read post]
19 Jun 2014, 9:01 pm by Vikram David Amar
While it is rare for the Court to overrule a past decision that had recognized an individual right or limited state power—it is more common, as in Brown v. [read post]
5 Jun 2014, 9:01 pm by Vikram David Amar
Constitution gives each taxpaying individual a constitutional right to reduce or eliminate the income tax he owes in his state of residence because of income taxes paid to other states on that same income. [read post]
The individual clergy member offering the prayer generally faces the public audience with his or her back to the lawmakers. [read post]
A closely-held corporation like Hobby Lobby that is not publicly traded, and that is owned by a small number of actual individuals, does so as well. [read post]