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11 Apr 2012, 12:47 pm
Professor Randy Barnett at Georgetown University Law Center is the architect of the argument that the power to impose the individual mandate does not fall within the Commerce Clause on the grounds that inactivity cannot be conside [read post]
10 Apr 2012, 8:13 am
Morrison. [read post]
2 Apr 2012, 7:07 am
Nor would it even imply that Congress can require a purchase whenever "non-purchase" has a substantial effect of any kind on interstate commerce--the principle that Randy assumes Justice Kennedy would have to accept in order to uphold the statute, and one that might justify a required purchase of GM cars since the failure to do so "causes" Detroit's economic woes. [read post]
27 Mar 2012, 5:19 am
The standard view in the legal academy for many years has been that Congress’s Commerce power is virtually unlimited, with perhaps minor largely symbolic exceptions, as in Lopez and Morrison. [read post]
25 Mar 2012, 7:01 pm
Morrison is Isidor and Seville Sulzbacher Professor of Law at Columbia Law School. [read post]
21 Mar 2012, 3:00 am
My colleague Randy Barnett—co-counsel for the individual respondents—has helpfully published a recent post in which he elaborates upon some of the respondents’ arguments against the constitutionality of the insurance-maintenance provision of the ACA, section 5000A; so I thought I’d take this occasion to provide a few reactions to those arguments, and to more fully explain how the issues have been teed up to the Court. [read post]
9 Mar 2012, 1:13 pm
But the challenge to the individual mandate is a facial challenge like that in Lopez and Morrison. [read post]
27 Feb 2012, 4:20 am
Congrats to our own Randi Morrison for being among the distinguished women selected for DirectWomen's Board Institute! [read post]
23 Jan 2012, 8:53 am
(Randy Barnett) In Marbury v. [read post]
22 Jan 2012, 12:00 pm
(Randy Barnett) Much of the difference of opinion over the constitutionality of the individual insurance mandate turns on a difference of opinion about the appropriate baseline for evaluating Congressional power. [read post]
17 Nov 2011, 4:12 pm
At this point, I’m leaning towards telling students to buy Samuel Eliot Morrison’s Oxford History, which ends in 1963, but is available used for almost nothing, plus shipping. [read post]
8 Nov 2011, 1:48 pm
However, co-blogger Randy Barnett has already said much of what I would have wanted to say.Like Randy, I am skeptical that Justices Kennedy or Scalia will be willing to endorse the D.C. [read post]
14 Oct 2011, 11:07 am
(Randy Barnett) A few weeks ago, I blogged about oral argument in the DC Circuit Court of Appeals in the Seven-Sky v. [read post]
21 Sep 2011, 6:22 pm
The next Commerce Clause case, Morrison, was also a purportedly “disfavored” facial challenge — and it also succeeded. [read post]
8 Aug 2011, 8:21 am
This includes libertarians such as Randy Barnett and Burkean conservatives like me. [read post]
1 Jul 2011, 1:25 pm
(Randy Barnett) In my post yesterday, I did not discuss dissenting Judge Graham’s intriguing treatment of the “class of activities” being regulated by Congress. [read post]
17 Jun 2011, 2:04 pm
In particular, I learned more than I have time to describe here about the day to day practice of law–and professionalism in general–from Randy Holland. [read post]
7 Jun 2011, 7:50 am
(Randy Barnett) My Washington Examiner column this morning concludes by briefly addressing an odd objection I hear on occasion. [read post]
13 May 2011, 8:57 am
For example, the libertarian commitments of Randy Barnett are regularly referred to in a manner suggesting this is the “real” reason Randy has (rather effectively thus far) led the debate against the ACA, and not because Randy really believes that the federalism-based arguments presented in his essays and briefs. [read post]
7 Mar 2011, 12:13 pm
Morrison uses a phrase, Technology-Enhanced Active Learning, which makes it clear that he envisions the use of technology to lift the students out of the lecture doldrums. [read post]
