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27 May 2012, 9:22 am by Randy Barnett
(Randy Barnett) In today’s Washington Post: In one of his characteristic conniptions about people who frustrated him, Theodore Roosevelt, progressivism’s first president, said of Justice Oliver Wendell Holmes, “I could carve out of a banana a judge with more backbone than that. [read post]
25 May 2012, 7:09 am by Randy Barnett
(Randy Barnett) Stanford law professor, and former Circuit Court of Appeals judge, Michael McConnell has a thoughtful op-ed in today’s Wall Street Journal offering his thoughts on the public campaign to pressure Chief Justice Roberts to vote to uphold the Affordable Care Act. [read post]
24 May 2012, 6:33 am by Cormac Early
At the Volokh Conspiracy, Randy Barnett writes that if Chief Justice Roberts votes to uphold the act, his vote might appear, however unfairly, to have been influenced by political pressures; David Bernstein argues that a decision striking down the Affordable Care Act would not signal a “radical libertarian” turn in the Court’s jurisprudence; and Ilya Somin writes that a decision striking down the act would not “lead to the… [read post]
23 May 2012, 1:54 pm by Randy Barnett
(Randy Barnett) 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]
23 May 2012, 8:27 am
  Hence, the specific pressure on Chief Justice Roberts by Senataor Leahy and Jeff Rosen is implicitly urging him to change his vote from that which he cast in the conference.I think Randy is implying that the news of the vote leaked from the conference. [read post]
23 May 2012, 8:03 am by Randy Barnett
(Randy Barnett) President Obama’s two statements urging the Supreme Court to uphold the Affordable Care Act came the week after the vote was presumably taken by the justices in conference. [read post]
23 May 2012, 2:06 am by Randy Barnett
(Randy Barnett) Washington Post columnist Kathleen Parker has a powerful column this morning in the Post. [read post]
22 May 2012, 2:11 pm by Randy Barnett
(Randy Barnett) On Bench Memos Carrie Severino offers her take on Jeff Rosen’s challenge to Chief Justice Roberts: In Rosen’s world, avoiding 5–4 decisions at all costs is apparently a higher virtue than following the law. [read post]
20 May 2012, 2:05 pm by Randy Barnett
(Randy Barnett) If the Supreme Court invalidates the individual insurance mandate, it need not call into question any other law that has ever been passed in the history of the United States. [read post]
7 May 2012, 12:36 pm by Lawrence Solum
” Some scholars, Robert Bork and Randy Barnett amongst them, have argued that although Bolling is indefensible as an originalist matter, this is not a real problem. [read post]
30 Apr 2012, 12:31 pm by Robert Elliott, J.D.
SID received an anonymous tip on the fraud hotline that Schornack was working as a disc jockey at area bars under the name "DJ Randy Stevens. [read post]
30 Apr 2012, 8:12 am
Driver Randy Rozell, 21, of Lanoka Harbor and his passenger, Robert Plaschke, 22, of Forked River were both taken to Jersey Shore University Medical Center for treatment. [read post]
17 Apr 2012, 11:41 am by Robert Elliott, J.D.
[WCx]      “The Chamber has been a leader in advocating for workplace wellness programs,” said Randy Johnson, senior vice president of Labor, Immigration, and Employee Benefits for the Chamber. [read post]
9 Apr 2012, 6:10 am by Marissa Miller
The Washington Post’s Robert Barnes explains the rhetorical power of Lochner v. [read post]
5 Apr 2012, 7:06 am by Kiran Bhat
This is the challenge facing Chief Justice Roberts as he tries to lead the court to an outcome. [read post]