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“At least five Justices agreed the Individual Mandate reads more naturally as a command to buy health insurance than as a tax, and those five Justices agreed the mandate could not pass muster under the Interstate Commerce Clause,” District Judge Reed O’Connor wrote in Texas v. [read post]
23 Jul 2008, 3:02 pm
  Earlier coverage of Medellin v. [read post]
30 Nov 2008, 12:23 pm
His references of preliminary questions to the European Court of Justice demonstrated, among other things, how effectively he could construct a set of questions in order to sharpen the minds of jurists in Luxembourg (as in Zino Davidoff v A&G) and how boldly (in Arsenal v Reed) he could resist their responses when it seemed to them that the senior European court had usurped his own judicial functions as a trial judge. [read post]
4 Nov 2019, 4:00 am by Administrator
The unanimous decision by Lady Hale and Lord Reed, R (Miller) v Prime Minister, [2019] UKSC 41 (Miller (No 2)) breaks new and, in my view, shaky constitutional ground. [read post]
23 Nov 2011, 10:09 am
Otherwise, fresh from creating a new website for the FLBA, Lucy Reed has published her latest rant, with the somewhat unlikely subject of section 20 of the Children Act. [read post]
25 Oct 2017, 11:34 am by Aurora Barnes
Becerra 16-1146 Issues: (1) Whether a determination that a law is content-based leaves room for a court to apply something less than strict scrutiny, specifically (a) whether the court’s decision in Reed v. [read post]