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28 Jun 2012, 8:32 am by Jon
The opinion in the health care cases: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf The position that the individual mandate is a tax was made by the Administration as a third backup argument, after the Commerce Clause and Necessary and Proper Clause arguments, and those two arguments were rejected by the Court, so that makes a small opening for turning back the line of precedents going back to McCulloch v. [read post]
11 Apr 2012, 12:47 pm by Edward A. Fallone
My response to that is to quote Justice Holmes in Lochner v. [read post]
29 Mar 2012, 11:53 am by Nathan Cortez
(Justice Breyer’s colloquy with Paul Clement, counsel for the state plaintiffs, invoking McCulloch v. [read post]
26 Mar 2012, 2:17 pm by Steve Bainbridge
Oh, I suppose he'd say that the Takings Clause would require compensation of those whose productive assets were taken by the state. [read post]
26 Mar 2012, 3:27 am by Rick Hills
The most appropriate limit on Congress' enumerated powers was stated 193 years ago by Chief Justice John Marshall in McCulloch v. [read post]
21 Mar 2012, 6:06 pm by Jon
THE RESTRICTIVE PHRASE “CARRYING INTO EXECUTION” HAS NEVER BEEN RESOLVED BY THIS COURT The phrase was not argued or decided in the cases beginning with McCulloch v. [read post]
20 Mar 2012, 9:03 pm by Lyle Denniston
Clement of the Washington law firm of Bancroft PLLC, representing 26 states, followed by Michael D. [read post]
17 Mar 2012, 3:32 pm by Andrew Koppelman
Chief Justice Marshall, in McCulloch v. [read post]