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25 Jun 2015, 10:14 am by JB
It is possible that the ACA is here to stay, and Republicans will simply get used to it, as they got used to other social insurance programs like Social Security and Medicare. [read post]
20 Jun 2015, 9:30 am by Staley Smith
Circuit ruling last week, Zoe Bedell presented us an overview of the DC Circuit’s Opinion in Al Bahlul v. [read post]
16 Jun 2015, 1:28 pm by Tara Hofbauer
Michael Hayden, the OPM attack “is not ‘shame on China. [read post]
3 Jun 2015, 7:50 am
The term “power of judicial review” was not used in Marbury v. [read post]
1 Jun 2015, 2:48 pm by Daniel Shaviro
Last year, I addressed Piketty.This time around I have written a piece, just posted here, lauding recent scholarship by Michael Knoll, Ruth Mason, and Alan Viard that addresses the legal definition of discrimination against interstate commerce, and that appears to have completely persuaded the Supreme Court majority in the recent state income tax law case, Comptroller v. [read post]
20 May 2015, 12:22 pm
The two levels of government operate as checks on each other, just as the several branches of the national government check one another. [read post]
20 May 2015, 5:31 am
  Lincoln stood for constitutional supremacy, and against the prospective binding authority of the Supreme Court’s betrayal of the Constitution in Dred Scott v. [read post]
19 May 2015, 9:17 am
(We never use that term in the book; we insist on avoiding legal and academic jargon wherever possible.) [read post]
12 May 2015, 9:36 am by Tara Hofbauer
” ICYMI: Yesterday, on Lawfare Ben discussed the effect that Klayman v. [read post]
29 Apr 2015, 10:58 am by Dan Ernst
Lonnquest, Chief, Office of History, US Army Corps of EngineersCharles A. [read post]
22 Apr 2015, 12:11 pm by Rory Little
  Yet despite these strong criticisms from the Third Branch, Congress has not modified the statute. [read post]
6 Apr 2015, 2:03 pm by Sandy Levinson
 What is a significant problem is that Article V provides not an iota of a clue about how an Article V convention would be organized. [read post]
11 Mar 2015, 5:18 pm
[T]he Logan Act has never been successfully used (indeed, the last indictment under the Act was in … 1803). [read post]
5 Mar 2015, 3:31 pm
The much-awaited Supreme Court oral argument in King v. [read post]