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9 Jul 2010, 6:04 pm by John Culhane
The problem with that is the Supreme Court’s own holding, in South Dakota v. [read post]
9 Jul 2010, 11:15 am by JB
OPM and the unconstitutional conditions argument in Mass v. [read post]
9 Jul 2010, 6:26 am by Randy Barnett
And by conditioning 100% of Medicaid funding on states either setting up insurance exchanges or greatly expanding Medicaid coverage, Congress is “coercing” the states (See South Dakota v Dole in which conditioning 5% of highway funds was deemed to be insufficiently coercive) and thereby unconstitutionally “commandeering” their legislative and executive branches (see New York v U.S. [read post]
5 Jul 2010, 8:08 pm by David Doniger
  The Supreme Court upheld this authority in its landmark 2007 global warming decision, Massachusetts v. [read post]
21 Jun 2010, 10:39 am by Steve Vladeck
Dole), the states really are voluntarily waiving their immunity. [read post]
12 Jun 2010, 6:47 am by Ted Frank
[Slate] Dole urges swift end to case to protect witnesses regarding fraudulent Nicaraugan sterility claims. [read post]
26 Apr 2010, 10:49 pm
 For one view of the old terminology, see Justice Scalia's dissent in Atkins v. [read post]
21 Apr 2010, 6:40 am by Randy Barnett
” In the key case of South Dakota v. [read post]
15 Apr 2010, 12:11 pm by Eric Guttag
As you may know, I’m already worked up over the inane 152-page ruling by Judge Sweet in Association for Molecular Pathology v. [read post]
30 Mar 2010, 9:40 am by Rick Hills
Constitution sheds very little light on decisions like South Dakota v. [read post]
24 Mar 2010, 3:17 pm by Adam Thierer
By Adam Thierer & Berin Szoka As we mentioned yesterday, in a new series of essays, we will be examining proposals being put forward today that would have the government play a greater role in sustaining struggling media enterprises, “saving journalism,” or promoting more “public interest” content. [read post]