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2 Jul 2012, 7:56 am
Not only did Roberts avoid being Roger Taney, Mark suggests; he may be setting himself up to be more like an activist version of the first Chief Justice, John Marshall. [read post]
2 Jul 2012, 1:57 am
Next we welcome our new squad of guest bloggers -- Eleonora Rosati, Robert Cumming and Kate Manning. [read post]
1 Jul 2012, 7:43 pm
It is true though — and I would agree — that Kennedy has stamped his mark on the federalism cases. [read post]
1 Jul 2012, 5:36 pm
Chief Justice Roberts, who himself has become a mainstay of recent majority opinions, had the second-highest frequency in the majority (91.9%). [read post]
1 Jul 2012, 3:40 pm
Ante, at 32 (internal quotation marks omitted). [read post]
1 Jul 2012, 6:05 am
Mark Wanamaker. [read post]
30 Jun 2012, 9:00 pm
I usually don’t agree with John Yoo, but his op-ed in this weekend’s Wall Street Journal is much closer to the mark than the commentaries likening Roberts’ opinion on the Affordable Care Act to that of John Marshall in Marbury v. [read post]
29 Jun 2012, 1:39 pm
It allegedly marks a boundary about who the federal government, under the Commerce Clause, can issue commands to. [read post]
29 Jun 2012, 12:48 pm
Chief Justice John Roberts’ majority opinion provides some language suggesting the high court was not radically re-reading precedent on the commerce clause. [read post]
29 Jun 2012, 11:11 am
First, wow were the experts' predictions generally off the mark. [read post]
29 Jun 2012, 9:24 am
That is always the final arbiter of a great Judge and in that regard Judge Hirsch gets very high marks regardless of what Judge Rothenberg had to say. [read post]
29 Jun 2012, 8:45 am
” I owe this point to Mark Graber. [read post]
28 Jun 2012, 3:54 pm
The decision marks the culmination of a legal battle and public debate that began soon after the ACA was enacted. [read post]
28 Jun 2012, 3:54 pm
The decision marks the culmination of a legal battle and public debate that began soon after the ACA was enacted. [read post]
28 Jun 2012, 3:43 pm
Although Kennedy is the swing justice who usually casts the deciding vote in close cases, the landmark ruling this week in the healthcare cases clearly marks the maturation of the "Roberts Court. [read post]
28 Jun 2012, 1:18 pm
Although Kennedy is the swing justice who usually casts the deciding vote in close cases, the landmark ruling this week in the healthcare cases clearly marks the maturation of the "Roberts Court. [read post]
28 Jun 2012, 11:38 am
Roberts. [read post]
28 Jun 2012, 11:38 am
Roberts. [read post]
28 Jun 2012, 10:07 am
SCOTUS has stuck a marker in the ground, or more like built a cairn, marking the boundary of what Congress can do with the commerce power -- they can't regulate inactivity, which would have meant regulating anything. [read post]
28 Jun 2012, 7:32 am
On this alternative reading, the New Deal decisions were seen as representing the high water mark of federal power. [read post]
