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26 Jun 2015, 5:58 pm
In much the same vein as Chief Justice John Roberts’s dissent in Friday’s Obergefell decision, Anderson insisted, “This isn’t a debate about what marriage is, it’s a debate about who gets to decide what marriage is. [read post]
26 Jun 2015, 2:32 pm
In a decision, much closer than I thought it would be, SCOTUS has reversed the 6th Circuit and made marriage a union between two adults, no matter what their sexual orientation. [read post]
26 Jun 2015, 1:28 pm
Ryan T. [read post]
26 Jun 2015, 10:14 am
Much of this is surely true as a matter of historical fact. [read post]
26 Jun 2015, 10:08 am
Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel A. [read post]
26 Jun 2015, 9:57 am
Perhaps an even better reason to give up on invoking the mythical Lochner is that it doesn’t work. [read post]
26 Jun 2015, 7:53 am
Buried beneath the mummeries and straining-to-be-memorable passages of the opinion is a candid and startling assertion: No matter what it was the People ratified, the Fourteenth Amendment protects those rights that the Judiciary, in its “reasoned judgment,” thinks the Fourteenth Amendment ought to protect.13 That is so because “[t]he generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in… [read post]
26 Jun 2015, 6:00 am
He currently acts as an associate consultant with Robert Hughes Associates and has recently been involved in projects concerning reinsurance matters. [read post]
26 Jun 2015, 5:58 am
As Jonathan Adler and I explain elsewhere, Roberts discovers a tension that simply isn’t there. [read post]
25 Jun 2015, 10:01 pm
“It doesn’t matter if you’re pro-COOL (and many are) or anti-COOL (and many are), you cannot ignore the fact that retaliation is imminent and we must avoid it,” Chairman Pat Roberts (R-KS) said in his opening statement. [read post]
25 Jun 2015, 8:27 pm
For example: the Chief Justice refuses to give Chevron deference to the IRS’s interpretation of the statute because “[i]t is especially unlikely that Congress would have delegated this decision to the IRS, which has no expertise in crafting health insurance policy of this sort. [read post]
25 Jun 2015, 8:24 pm
Roberts pointed out, for example, that insurers are required to sell insurance to all comers, no matter how sick. [read post]
25 Jun 2015, 4:02 pm
’ Lennon added: ‘He went on to explain to me that if they didn’t do it themselves the police would arrange for some person over whom they had some criminal charge pending to carry out Daniel’s murder. [read post]
25 Jun 2015, 2:13 pm
But I believe even honoring the nobler Robert E. [read post]
25 Jun 2015, 9:01 am
Chief Justice Roberts announces Obamacare opinion (Art Lien) To understand what’s going on in this case and why today’s decision matters, it may be useful to start with a little bit of background about the Affordable Care Act more generally. [read post]
25 Jun 2015, 8:34 am
Chief Justice Roberts recognized this, writing that “[i]t is implausible that Congress meant the Act to operate in this manner. [read post]
24 Jun 2015, 4:44 pm
Roberts Jr. has been a conservative court. [read post]
24 Jun 2015, 12:21 pm
Well, I think the public trusts the military, and in a democracy that should matter. [read post]
23 Jun 2015, 5:06 pm
The settlements weren’t a coincidence: civil rights groups and the federal government were worried that the conservatives on the Roberts Court would hold that the FHA does not allow disparate-impact lawsuits. [read post]
22 Jun 2015, 5:05 am
Even so, I wouldn’t write about this piece if I didn’t think it was well worth reading regardless of how much one cares about the United States’ imperial adventures of over a century ago—or about any given headline today, for that matter. [read post]
