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4 Apr 2012, 8:13 am by John Elwood
  Except to say that Justice Kennedy will be in the majority. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Thus Congress can at a minimum require everyone either (i) to maintain insurance for goods or services that virtually everyone will consume, that the government guarantees, and that many of the consumers will not otherwise be able to pay for (which would thereby shift substantial costs to the public at large); or (ii) to make a modest payment to the government (IRS) to help cover the costs the public will incur if and when the individual consumes services for which she cannot… [read post]
29 Mar 2012, 4:21 pm by Sandy Levinson
The University of Texas Law School is hosting a two-day conference on "Countermajoritarianism and the Court" tomorrow and Saturday, sparked in part by an article in the recent Supreme Court Review by Rick Pildes suggesting that the "countermajoritarian difficulty" is alive and well, as witnessed most prominently in Citizens United, opposed by roughly 80% of the public. [read post]
21 Mar 2012, 10:48 am by Lyle Denniston
   The two Secret Service agents who appealed a case to try to stop a lawsuit against them did not need the Court to go that far in order for them to win, and it was not apparent that most of the Justices thought they had to do so to reach a decision in the specific case of Reichle, et al., v. [read post]
19 Mar 2012, 9:06 pm by Lyle Denniston
  But the Court returned to a strict interpretation of the ban in 1962, in the case of Enochs v. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
Taft, The Religious Convictions of an American Citizen (1916) William H. [read post]
28 Feb 2012, 8:26 pm
" Nevertheless, in a post-Citizens United world, questions of the rights and responsibilities of companies as defined by U.S. courts have become the attention of much public debate and commentary. [read post]