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2 Apr 2012, 7:07 am
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the… [read post]
4 Jul 2009, 11:16 am
Upon Randy Barnett's astute suggestion, I celebrated the Fourth of July this morning by reading Frederick Douglass's famed Independence Day oration from 1852, which was titled "What to the Slave is the Fourth of July? [read post]
1 Jul 2011, 1:25 pm
(Randy Barnett) In my post yesterday, I did not discuss dissenting Judge Graham’s intriguing treatment of the “class of activities” being regulated by Congress. [read post]
3 Mar 2010, 5:18 am
UPDATE: If you want to read my op-ed, a reader helpfully writes how to do it: If you go to Google News and search [Randy Barnett McDonald], the second result leads to the full, non-subscriber version of your op-ed. [read post]
14 Oct 2010, 1:19 pm
(Randy Barnett) Because I leave for my lecture in less than an hour, I cannot do full blog post on the decision. [read post]
29 Aug 2011, 8:40 pm
(Randy Barnett) I have been working on a new edition of my constitutional law casebook and traveling this summer, so have not had time for much blogging. [read post]
8 Apr 2012, 10:18 am
(Randy Barnett) I have noticed a tendency of some commentators (such as Larry Tribe) to discount the gross inaccuracy of President Obama’s remarks on Monday concerning judicial review, by pointing to the substantially revised views he expressed on Tuesday. [read post]
25 May 2012, 7:09 am
(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]
23 Jul 2007, 10:39 pm
If one can acquire intellectual gravitas by association with fellow panel members, I am going to have a big day on Saturday, when I sit on a roundtable on "The New Formalism" with Larry Solum, Randy Barnett, Dennis Patterson, and Ekow Yankah. [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]
23 May 2012, 8:03 am
(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]
10 Jan 2012, 3:38 pm
(Randy Barnett) With 4 distinct questions being separately briefed and argued — and amici appointed to argue two of the questions apart from the petitioner or respondent — it is a real challenge to keep all the relevant dates in the proceedings straight. [read post]
17 May 2010, 10:14 am
(Randy Barnett) I just finished reading the opinions in Comstock. [read post]
7 Sep 2008, 12:44 am
This system is not my invention -- I associate it with Randy Barnett, though I can't find any evidence on the internet regarding its origins -- but I have used it in various classes for many years. [read post]
3 Oct 2011, 7:36 pm
(Randy Barnett) Like David, I too was invited to contribute to the new Scotusblog Community on the question of what the Supreme Court should do with the Affordable Care Act. [read post]
31 Jul 2008, 10:05 pm
Instead of Inside Edition and Perez Hilton, Obama has been scrutinized by the New York Times and legal eagles Akhil Amar, Randy Barnett, John Eastman, and Pam Karlan. [read post]
14 Jul 2023, 4:30 am
That said, I signed the one below (as did co-Conspirator Randy Barnett, among other luminaries), and you can add your signature here if you are so inclined. [read post]
23 May 2012, 1:54 pm
(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]
28 May 2012, 8:01 am
(Randy Barnett) Today our thoughts are with our veterans, but I am also remembering [WWII veteran] Mike Landes, the director of the Hoover-Schrum Grade School Band in Calumet City, Illinois. [read post]
9 Dec 2010, 5:38 am
(Randy Barnett) After receiving comments from a number of people, and an insightful critical peer review report from an anonymous reviewer for Harvard’s Journal of Legal Analysis where it will appear next year, I have now posted to SSRN a substantially-revised version of my paper, Whence Comes Section One? [read post]