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6 Jul 2012, 5:57 am
RANDY BARNETT: The Unprecedented Uniqueness of Chief Justice Roberts’ Opinion. [read post]
6 Jul 2012, 5:09 am
Roberts’ decision made bad law in two respects. [read post]
6 Jul 2012, 4:57 am
(Randy Barnett) In my previous post, I explained how no one other than Chief Justice Roberts ever held the legal position that he came, for whatever reason, to hold. [read post]
5 Jul 2012, 8:14 pm
RANDY BARNETT: Roberts decision didn’t open floodgates for ‘compulsion through taxation.’ “Memo to Mitt Romney: Obamacare is a tax because the Supreme Court rewrote the law to make it one. [read post]
5 Jul 2012, 8:14 pm
RANDY BARNETT: Roberts decision didn’t open floodgates for ‘compulsion through taxation.’ “Memo to Mitt Romney: Obamacare is a tax because the Supreme Court rewrote the law to make it one. [read post]
5 Jul 2012, 5:46 pm
CBS today reported that Roberts did indeed change his vote in May, although the reasons for that about-face remain unclear. [read post]
5 Jul 2012, 3:37 pm
"The Unprecedented Uniqueness of Chief Justice Roberts Opinion": Randy Barnett has this post at "The Volokh Conspiracy. [read post]
5 Jul 2012, 2:14 pm
(Randy Barnett) 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]
5 Jul 2012, 12:21 pm
This “completely undermines its legitimacy as a precedent,” as my co-blogger Randy Barnett told John Fund. [read post]
3 Jul 2012, 5:16 pm
I don't have much of substance that I care to add to Leakapalooza, although I was amused by Randy Barnett's quote in the John Fund story. [read post]
3 Jul 2012, 2:25 pm
Raich (the medical marijuana case, also argued by Randy Barnett). [read post]
3 Jul 2012, 11:53 am
Georgetown law professor Randy Barnett, the academic guru of the law’s critics, phrased it in The Washington Post as if the conservatives had lost the battle but had won the constitutional war because of the way the Roberts opinion cut back on Congress’s power to pass legislation affecting the nation’s commercial life. [read post]
2 Jul 2012, 11:26 am
Robert Reich called it the closest, predicting 6-3 to uphold the Affordable Care Act, including Roberts. [read post]
2 Jul 2012, 7:23 am
Chief Justice Roberts' opinion is principled--it's just a different kind of principle. [read post]
2 Jul 2012, 7:23 am
Chief Justice Roberts' opinion is principled--it's just a different kind of principle. [read post]
1 Jul 2012, 3:40 pm
Barnett continues: “Roberts accomplished this by rewriting the law’s “individual responsibility requirement” so that it was no longer a mandate but merely an option: get insurance or pay a mild “tax” penalty. [read post]
1 Jul 2012, 1:58 pm
It looked to me in the two years leading up to the argument that anti-mandate proponents were arguing for an aspirational constitution (see, e.g., every post of the Kerr-Barnett debate). [read post]
1 Jul 2012, 10:16 am
(Randy Barnett) Reported by Jan Crawford on CBS Face the Nation: Transcript: O’DONNELL: We’ll start first Jan because you’ve done some reporting. [read post]
1 Jul 2012, 9:41 am
(Randy Barnett) Much ink has been spilled on the meaning and significance of the Supreme Court’s decision in NFIB v. [read post]
28 Jun 2012, 1:37 pm
Not surprisingly, this has been a field day for law professors who have an opinion on the Justice Robert's opinion in the ACA case. [read post]
