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4 Oct 2010, 2:17 pm
(Randy Barnett) Ilya has posted a link to his brief for the Washington Legal Foundation contesting the constitutionality of the individual health insurance mandate for the motion for summary judgment now pending before Judge Hudson who previously denied the government’s motion to dismiss. [read post]
7 Dec 2009, 7:48 pm
Orrin Hatch (rumor has it that he’s a reader of this blog, though I can’t personally vouch for that), and then a discussion between our own Randy Barnett and me. [read post]
10 May 2011, 7:45 pm
(Orin Kerr) The challenge to the constitutionality of the individual mandate is based heaviily on a proposed distinction — one that I believe was first articulated two years ago by our own Randy Barnett — that Congress can regulate “activity” but not “inactivity. [read post]
6 Jul 2023, 6:30 am
The post Download The Cases From The 2023 Barnett/Blackman Supplement appeared first on Reason.com. [read post]
10 Jun 2025, 12:25 pm
In a recent book, Randy Barnett and Evan Bernick claim that antislavery theorists advanced an unorthodox reading of the clause according to which it nationalized the rights of citizens, and point to this unorthodox reading as evidence that the Fourteenth Amendment to the U.S. [read post]
27 Apr 2012, 5:50 am
(Randy Barnett) A few weeks ago, the Harvard Federalists invited me to be interviewed by Dean Martha Minow in the Ames Moot Court Room. [read post]
21 Apr 2010, 6:40 am
(Randy Barnett) Here are 2 YouTube videos of my recent interview for the Healthcare Channel. [read post]
24 May 2011, 4:49 pm
Adler) Over on Cato@Liberty, Walter Olson joins the discussion on federalism and medical malpractice reform started by our own Randy Barnett and continued by Ilya Somin.Olson makes the important point that federalism is not about keeping as much authority as possible in state hands, nor does a commitment to federalism require leaving state courts alone across-the-board. [read post]
18 Feb 2011, 9:29 am
(Randy Barnett) My article, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, has been published by the NYU Journal of Law and Liberty. [read post]
9 Dec 2009, 3:14 pm
My co-blogger Randy Barnett has posted his very interesting analysis of why he believes that requiring health care insurance is unconstitutional under existing Commerce Clause precedents. [read post]
15 Feb 2025, 1:59 pm
(NA)In a recent New York Times op ed, legal scholars Randy Barnett and Ilan Wurman offer a partial defense of President Trump's executive order denying birthright citizenship to children of undocumented immigrants, and migrants in the US on temporary visas. [read post]
21 Jan 2012, 4:32 pm
(Randy Barnett) Trevor Burris responds to my exchange with Orin on applying the state noncommandeering doctrine to mandates that “the people” enter into contractual relations with private companies in Commandeering the People to Avoid Taxation: A Reply to Barnett and Kerr. [read post]
17 Feb 2011, 10:16 pm
(Randy Barnett) The New York Times today published my letter responding to their editorial critical of my testimony before the Senate Judiciary Committee. [read post]
28 Mar 2011, 9:28 am
(Randy Barnett) The deadline to apply for the Institute for Humane Studies Summer Seminars is fast approaching this Thursday, March 31st. [read post]
9 Nov 2009, 9:18 pm
At least two Conspirators will be speaking on various panels (Randy Barnett and yours truly). [read post]
9 Jun 2010, 1:21 pm
(Randy Barnett) Over on Pileus Stanford law professor–and new blogger–Marcus Cole provides his measured take on Elena Kagan’s nomination. [read post]
16 Feb 2011, 5:11 am
(Randy Barnett) This morning at 9:30am, I am testifying before the House Judiciary Committee’s hearing on the constitutionality of the individual mandate. [read post]
3 May 2012, 6:08 am
(Randy Barnett) This new Quinnipac study of swing state voters in Florida, Ohio and Pennsylvania shows the Democratic Party slightly more popular than the Republican Party (and President Obama opening a 47% – 39% lead over Mitt Romney in Pennsylvania): 4. [read post]
22 May 2012, 2:02 am
(Randy Barnett) Most attention has been devoted to whether or not the Supreme Court will invalidate the individual mandate, and how the legitimacy of the Court will be affected if it invalidates the Affordable Care Act. [read post]
17 May 2007, 9:16 am
Here are the comments on the original essay that are available on SSRN: Randy Barnett: Underlying Principles Ethan J Leib: The Perpetual Anxiety of Living Constitutionalism Mitchell Berman: Originalism and Its Discontents John McGinnis & Michael Rappaport: Original Interpretive Principles as the Core of Originalism Jack's reply is powerful -- and helpfully responds to all of our complaints; it also expands on the theory in ways that could not… [read post]
