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8 Oct 2010, 5:33 am
(Randy Barnett) Judge Steeh’s decision yesterday dismissing the Commerce and Necessary and Proper Clause challenge to the individual mandate was certainly not welcome news to those of us who believe the mandate to be unconstitutional. [read post]
26 Jun 2013, 12:37 pm
Randy Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, and Director of the Georgetown Center for the Constitution Because the logic of Justice Kennedy’s opinion for the majority in Windsor is novel, it is likely to confuse observers as it seems to have confused the dissenters. [read post]
17 Oct 2010, 11:11 am
(Randy Barnett) In an earlier post, Orin compares the current challenges to the constitutionality of the individual insurance mandate to debates on this blog over the case of McDonald v. [read post]
14 Jan 2011, 3:59 am
David BeattyAt the end of their dialogue on the theory and structure of the U.S. constitution Randy Barnett and Sandy Levinson raise an interesting point. [read post]
25 Apr 2012, 8:14 am
(Randy Barnett) Jonathan posts yet another poll confirming both the unpopularity of the individual insurance mandate and the popular desire and expectation that the Supreme Court will it unconstitutional. [read post]
9 Mar 2012, 1:13 pm
(Randy Barnett) There has been a lot of chatter lately about how Justice Scalia’s concurring opinion in Raich somehow binds him to rule for the government in the challenge to the ACA. [read post]
5 Dec 2010, 5:48 pm
But writing in Slate, Dahlia Lithwick and Jeff Shesol offer a rather strange argument against the so-called “Repeal Amendment,” Randy Barnett’s idea to amend the Constitution to permit 2/3 of states to overturn federal laws. [read post]
2 Apr 2012, 8:11 am
(Randy Barnett) Yesterday, Dave Hoffman at Concurring Opinions characterized my cobloggers and me as ”engaging in victory lap devoted to the proposition ‘We were right and you were wrong, and the fact that you didn’t predict our being right demonstrates that you are particularly close-minded. [read post]
24 Jun 2011, 1:14 pm
(Randy Barnett) I have blogged about this in the past, but the final published version of my article, Whence Comes Section One? [read post]
21 May 2010, 11:24 am
(Randy Barnett) Read David Bernstein’s excellent blog post. [read post]
28 Sep 2011, 7:14 am
(Randy Barnett) This morning, the National Federation of Independent Business filed with the Supreme Court a petition for a writ of certiorari to reverse the Eleventh Circuit’s ruling that the individual insurance mandate it held to be unconstitutional could be severed from the rest of the Affordable Care Act. [read post]
17 May 2010, 7:23 am
(Randy Barnett) Has thirty years of political conservatives pushing “judicial restraint” left us constitutionally defenseless against an unprecedented claim of Congressional power? [read post]
7 Jun 2011, 6:51 am
(Randy Barnett) Much has been made by law professors on the supposed weakness of drawing a constitutional line at the regulation of “inactivity” as opposed to “activity. [read post]
23 Jun 2011, 8:25 am
(Randy Barnett) Much confusion in constitutional discourse on both the left and right stems from blurring together of two types of claims about the Constitution. [read post]
9 Dec 2010, 3:42 pm
(Randy Barnett) Observers are anticipating a decision on the motion for summary judgment by Judge Henry Hudson in the Virginia AG’s challenge to the Affordable Care Act soon, perhaps next week — and perhaps in advance of Thursday morning’s oral arguments on the summary judgment motion in the 20 AG lawsuit in Florida. [read post]
24 May 2010, 6:21 am
(Randy Barnett) Legal Theory Blog guru Larry Solum just named The Subjects of the Constitution the Download of the Week, and I concur. [read post]
19 Jul 2010, 6:30 am
(Randy Barnett) For my money, Glenn Reynolds is one of the most interesting thinkers of my generation and today’s Internet age. [read post]
4 Apr 2012, 9:46 pm
(Randy Barnett) As a result of the President’s statements on judicial review on Monday and Tuesday, some have wondered how sophisticated a law professor he was. [read post]
12 May 2011, 1:27 pm
(Randy Barnett) I just returned from a press conference announcing the introduction today in both the House and the Senate of the “Repeal Amendment,” a proposed amendment to the Constitution that reads:“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same… [read post]
29 Dec 2010, 7:43 am
(Randy Barnett) Not literally, of course. [read post]
