Search for: "Robert Barnette"
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17 Jul 2012, 5:50 am
Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, 5 N.Y.U. [read post]
16 Jul 2012, 5:55 am
(Randy Barnett) To uphold the Affordable Care Act, Chief Justice Roberts adopted a “saving construction” in which he deleted the “requirement” that all non-exempt Americans buy health insurance, leaving only the “penalty,” which he then recharacterized as a tax. [read post]
16 Jul 2012, 12:30 am
The liberals say they accept that there are judicially enforceable limits on the enumerated powers of Congress, but the ACA dissenters (and CJ Roberts on this point) are right that they have difficulty pointing to concrete things Congress can't do under their theory. [read post]
15 Jul 2012, 5:10 pm
Resources Robert C Post, “Social Foundations of Defamation Law: Reputation and the Constitution”, California Law Review, Vol 74, Issue 3. [read post]
15 Jul 2012, 7:40 am
Many people are trying to find the motivation of CJ John Roberts in his extraordinary opinion in NFIB v. [read post]
10 Jul 2012, 2:11 pm
Randy Barnett breaks down, and criticizes, Justice Robert’s analysis under the Taxing Power in this post at The Volokh Conspiracy. [read post]
10 Jul 2012, 2:11 pm
Randy Barnett breaks down, and criticizes, Justice Robert’s analysis under the Taxing Power in this post at The Volokh Conspiracy. [read post]
10 Jul 2012, 1:37 pm
In an opinion delivered by Chief Justice Roberts, the Court held by a vote of 5-4 that the individual mandate may be upheld as within Congress’ power under the Taxing Clause. [read post]
9 Jul 2012, 11:23 am
(Randy Barnett) I am prepared to believe Jonathan’s report that John Roberts has done this before. [read post]
9 Jul 2012, 9:48 am
As Randy Barnett and Jeff Rosen have recognized, the Chief Justice’s tax-power analysis in NFIB v. [read post]
9 Jul 2012, 5:13 am
, that Randy Barnett may or must have known of a leak before the Court's decision and have been pressing him to say something about this. [read post]
7 Jul 2012, 8:40 am
Randy Barnett • May 23, 2012 4:54 pm Jennifer Rubin and Kathleen Parker’s columns today have made me think of another Justice Roberts: Justice Owen Roberts, who is famous for having switched his vote to uphold the New Deal programs in West Coast Hotel Co. v. [read post]
7 Jul 2012, 4:09 am
HUGH HEWITT: Randy Barnett and Mark Levin Debate the meaning of Roberts’ decision. [read post]
6 Jul 2012, 7:21 pm
In a Volokh Conspiracy post, Professor Randy Barnett of Georgetown also said Siegel and Cooter seem to have "anticipated" the Chief Justice's approach in their paper. [read post]
6 Jul 2012, 11:07 am
(Randy Barnett) Imagine that drug laws were enacted under Justice Roberts’ limited reading of the tax power rather than under the Commerce Clause as now? [read post]
6 Jul 2012, 11:00 am
The Logic of Chief Justice Roberts Unique Tax Power Theory Washington Examiner op-ed: Roberts Didn't Open Floodgates for 'Compulsion Through Taxation' [read post]
6 Jul 2012, 10:56 am
(Randy Barnett) The other evening, my daughter made a very astute point about why the lawsuit challenging Obamacare was largely successful: Imagine that Congress enacted the “Individual Responsibility Requirement” and called the penalty for noncompliance a “tax. [read post]
6 Jul 2012, 7:12 am
Further general reporting on the substantive aspects of the decision comes from CNN, and commentary comes from Randy Barnett at The Volokh Conspiracy, in an analysis of the “unprecedented uniqueness” of the Chief Justice’s opinion. [read post]
6 Jul 2012, 6:54 am
I have been out of town and not keeping up with all the chatter about the news that Chief Justice Roberts changed his vote after conference from invalidating the ACA, at least in part, to a vote to uphold it. [read post]
6 Jul 2012, 6:52 am
Roberts was right to be cautious.Randy Barnett, the intellectual father of the healthcare challenge, usefully distinguishes between constitutional interpretation and constitutional construction. [read post]
