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9 Jul 2012, 5:13 am
I prefer to assume Randy is operating in good faith on this matter. [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, 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]
