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19 Jun 2021, 7:55 am by Ilya Somin
"Why the Individual Mandate Part of the New Obamacare Case Matters," June 14, 2018. [read post]
18 Jun 2021, 11:17 am by Jonathan H. Adler
(How any of this is consistent with Justice Gorsuch's professed commitment to textualism is another matter entirely.) [read post]
18 Jun 2021, 8:29 am by Joseph Kearney
Great thanks to Eugene Volokh, Jonathan Adler, and the other members of Volokh Conspiracy for this privilege. [read post]
17 Jun 2021, 8:33 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
17 Jun 2021, 8:23 pm by Jonathan H. Adler
As a technical matter, the Court did not rule against standing-by-inseverability, so the claim could theoretically be revived in a subsequent case. [read post]
16 Jun 2021, 1:21 pm by Jonathan H. Adler
According to new reports, thirteen progressive groups, including Black Lives Matter and the Sunrise Foundation, will endorse a full-page ad in Politico calling upon Breyer to take leave from the bench. [read post]
11 Jun 2021, 4:00 am by Jim Sedor
National/Federal Abbe Lowell Is the Go-To Lawyer for Embattled Politicians. [read post]
10 Jun 2021, 1:46 pm by Jonathan H. Adler
In the days ahead, Liberty Matters will post additional contributions by Henry Olsen and William Dennis, followed by some rejoinders. [read post]
28 May 2021, 6:32 am by Jonathan H. Adler
Footnote 2 reads: "While we  ultimately disagree with the district court, we appreciate the district judge's diligence in handling this matter. [read post]
26 May 2021, 6:07 am by Jonathan H. Adler
With only three months until the proffered resolution date, the district court should treat this matter expediently and hold a hearing to determine what remedy (if any) is appropriate. [read post]
10 May 2021, 5:46 am by Jonathan H. Adler
But partisanship is how we got here: Everyone knows that a justice's legal philosophy matters enormously in the way cases are decided. [read post]
6 May 2021, 4:15 am by SHG
Fixing the problem matters. [read post]
4 May 2021, 1:08 pm by David Oscar Markus
  No matter how it comes out, what a cool accomplishment to argue in the High Court. [read post]
29 Apr 2021, 8:02 am by Jonathan H. Adler
Writing in dissent, Justice Kavanaugh argues that the majority's interpretation is "perplexing as a matter of statutory interpretation and common sense. [read post]
21 Apr 2021, 8:36 am by Jonathan H. Adler
" While there may be strong arguments for deferential review of agency scientific determinations as a general matter, there are reasons to question such deference when agency action implicates constitutional matters. [read post]
5 Apr 2021, 7:20 am by Jonathan H. Adler
In other words, a clear majority of the Sixth Circuit concluded the panel was wrong as a matter of law, but only seven sought en banc review. [read post]
5 Apr 2021, 6:40 am by Jonathan H. Adler
Whatever one makes of this argument as a policy matter, I find Siri's arguments wholly unconvincing as a legal matter, and I am not alone. [read post]
29 Mar 2021, 7:39 am by Jonathan H. Adler
All that mattered was whether the Tennessee court, notwithstanding its substantial "latitude to reasonably determine that a defendant has not [shown prejudice]," still managed to blunder so badly that every fairminded jurist would disagree. [read post]