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28 Jun 2012, 8:32 am
She would go further and uphold the mandate under the Commerce Clause, which Roberts wouldn't. [read post]
28 Jun 2012, 8:23 am
That is all that matters. [read post]
28 Jun 2012, 8:22 am
Likewise, one could probably structure the substance of the Paul Ryan Medicare plan in such a manner as to be beyond Congressional powers under the Commerce Clause challenge, although again this doesn't matter given the taxing power.Bottom line, evidently Chief Justice Roberts didn't want the Court that bears his name to go out as far and as visibly on a hyper-partisan limb as striking down the Act would have necessitated. [read post]
28 Jun 2012, 8:01 am
That is all that matters. [read post]
28 Jun 2012, 7:53 am
I think that CJ Roberts was simply led by the ineluctable logic of the anti-formalist argument that labels don't matter. [read post]
28 Jun 2012, 7:48 am
The Court holds that the mandate violates the Commerce Clause, but that doesn't matter because there are five votes for the mandate to be constitutional under the taxing power. ... [read post]
28 Jun 2012, 12:00 am
That is all that matters. [read post]
27 Jun 2012, 6:21 am
'via Blog this'The case is captioned In the Matter of Robert C. [read post]
25 Jun 2012, 5:15 pm
Conservatives on the court have become complete and utter hypocrites on the matter of what states can and can’t do. [read post]
25 Jun 2012, 3:21 pm
MARCIA COYLE: Chief Justice Roberts did dissent. [read post]
25 Jun 2012, 11:45 am
Justice Elena Kagan didn’t participate because she had worked on the case while she was solicitor general. [read post]
25 Jun 2012, 8:45 am
They should be able, as a matter of right, to buy and sell candidates who agree and disagree with them, just as individuals should be allowed to vote for or against candidates. [read post]
25 Jun 2012, 8:29 am
Please forgive the detail but we fear some of those who decide these matters will not be aware of the real practical facts that may seem trivial but we, as practitioners, know make a real difference to the quality of justice. [read post]
25 Jun 2012, 7:30 am
We don’t know if that will happen, but it is more likely to happen if it is President Romney than Obama. [read post]
22 Jun 2012, 11:36 am
This works even for those who firmly believe that they don't have any issues or problems with alcohol, because the Law requires everyone with a 2nd Offense to get into Counseling no matter what. [read post]
22 Jun 2012, 11:29 am
Eckard did not prevail in this matter in a manner of days, weeks or months. [read post]
21 Jun 2012, 3:49 am
And Thomas also agrees with the dissent’s view that the plurality’s claim that the Cellmark report wasn’t introduced for the truth of the matter is pretty much bogus. [read post]
20 Jun 2012, 9:14 am
It doesn’t matter how many times someone blogs. [read post]
20 Jun 2012, 5:05 am
“It ain’t pretty. [read post]
19 Jun 2012, 7:34 pm
Justice Robert J. [read post]