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4 Jul 2012, 12:07 pm
That he joined this dissent strikes me as reflecting a substantial rightward drift in his views of free speech (so long as the free speech doesn't belong to corporations and rich guys spending money to influence elections, in which case he, and Justices Thomas and Alito, for that matter, are back in the libertarian fold)! [read post]
4 Jul 2012, 5:00 am by Steve McConnell
Pretty much anything, no matter how righteous or risible. [read post]
3 Jul 2012, 12:13 pm by Orin Kerr
Furthermore, the source characterizes claims by Crawford’s sources that “the fact that the joint dissent doesn’t mention [sic] Roberts’ majority . . . [read post]
3 Jul 2012, 8:39 am by Emily Brennan
I don't think it's because Roberts really is the moderate and restrained judge he promised to be at his confirmation hearings. [read post]
3 Jul 2012, 5:17 am by David Post
They think they’re right, and they’d like to have their view on the matter obeyed by others. [read post]
2 Jul 2012, 5:53 pm by Gerard N. Magliocca
 I think this "political accountability" limit was omitted because it is in tension with the Chief Justice's view that it doesn't matter (for purposes of the taxing power) whether Congress calls something a "tax. [read post]
2 Jul 2012, 1:29 pm by Charley Moore
As much as the Court made a constitutional interpretation of Congressional authority to enforce the individual mandate, it also laid down an emerging “Roberts Rule”: elections matter. [read post]
2 Jul 2012, 12:47 pm by Ilya Somin
They think they’re right, and they’d like to have their view on the matter obeyed by others. [read post]
1 Jul 2012, 1:58 pm by Dave Hoffman
I said it earlier this week, but it bears repeating: the power of Chief Justice Roberts’ commerce-clause constraining language in the Health Care Case matters only to future Justices who are disposed to be be constrained by precedent. [read post]
1 Jul 2012, 1:24 pm by Stewart Baker
 But Senatory Leahy’s remarks don’t even mention Justice Kennedy. [read post]
1 Jul 2012, 3:30 am by INFORRM
ROBERT JAY: On 6 July of last year you explained to Parliament that in your view the PCC had failed. [read post]
30 Jun 2012, 7:34 pm by Ilya Somin
I don’t actually believe that Roberts’ ruling was motivated by any great love for insurance companies or hostility to “the weak. [read post]
30 Jun 2012, 2:20 pm
The Supreme Court's ruling upholding President Obama's Affordable Card Act wasn't the only split decision it handed down on June 28. [read post]
30 Jun 2012, 10:32 am by David Bernstein
But perhaps it wouldn’t be the first time. [read post]
30 Jun 2012, 7:59 am
Under Chief Justice Roberts' opinion, what matters under the constitutional law is how the thing operates in reality, not what you call it. [read post]
30 Jun 2012, 6:20 am by Karl Olson
Sullivan decision: some false statements are inevitable if there is to be open and uninhibited debate about issues that matter. [read post]