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12 May 2011, 11:23 am by Orin Kerr
As a result, if the Supreme Court adopts the activity/inactivity distinction, it seems likely that future Congresses will use whatever hook the Supreme Court says is required — and not one iota more — to make sure their laws pass judicial muster.We saw this with Congress’s reaction to United States v. [read post]
18 Jun 2013, 6:42 am by Guest Blogger
  The key examples of the latter, of course, are Hammer v. [read post]
17 Oct 2010, 11:11 am by Randy Barnett
(Randy Barnett) In an earlier post, Orin compares the current challenges to the constitutionality of the individual insurance mandate to debates on this blog over the case of McDonald v. [read post]
17 Jan 2008, 6:00 am
Barry Barnett of Blawgletter has an interesting post on some of the practical ramifications of the case. [read post]
11 Feb 2011, 10:01 pm by Randy Barnett
[I stressed that this was what President Jackson did when he vetoed the renewal of the second national bank after the Court had upheld it as constitutional in McCulloch v. [read post]
30 Aug 2021, 3:30 am by Christopher Walker
We argued that, in both the old and new world, agency head final-decisionmaking authority remains the standard (and preferred) model—something the Supreme Court in United States v. [read post]
17 May 2010, 10:14 am by Randy Barnett
The Court has previously held that mandating state legislatures (in New York v. [read post]
17 May 2024, 12:29 pm by Josh Blackman
I am doubtful that Justice Barrett would have joined United States v. [read post]
29 May 2012, 9:01 am by Randy Barnett
(Randy Barnett) On TNR.com, Jeff Rosen has a thoughtful response to the criticism engendered by his New Republic magazine essay on Chief Justice Roberts. [read post]
3 Sep 2007, 2:57 am
  The panel includes three new originalists--Barnett, Whittington, and Balkin. [read post]
21 Oct 2013, 12:30 pm by Venkat Balasubramani
Beckon Employee Blogging Risks Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. [read post]