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28 Mar 2012, 3:56 pm
Roberts, Jr., countered that it would not be a hollow shell, since many are things that Congress has put in the law to keep long-standing provisions of federal law intact, and those would have nothing to do with the mandate. [read post]
28 Mar 2012, 3:28 pm
Is it whether as a rational matter separate parts could still function, or does it focus on the intent of the Congress? [read post]
28 Mar 2012, 12:07 pm
The questioning of Clement by liberal justices was so sustained that Chief Justice John Roberts Jr. gave Clement an extra 15 minutes beyond his allotted half hour. [read post]
28 Mar 2012, 9:32 am
” Legal experts said prosecutors can’t appeal Roberts’ decision, which is equivalent to a jury’s acquittal. [read post]
28 Mar 2012, 3:00 am
But the issue here is even more important--the point is that the Commerce Power surely allows the Congress to regulate a market to protect the public's human right to decent health care, when the following is true: 1) you don't "choose" when, how, or whether to participate in the health care market--you are forced to by your own particular body's timing and fortuitous encounter with deadly or near-deadly substances and other matters beyond your… [read post]
27 Mar 2012, 10:14 pm
Just as a matter of precedent, that doesn’t seem to me consistent with Wickard v. [read post]
27 Mar 2012, 9:41 pm
I don’t think it’s all in Justice Kennedy’s hands though, because although Chief Justice Roberts was also initially hostile to the U.S. position, he too seemed to change his tune when questioning Carvin. [read post]
27 Mar 2012, 4:14 pm
When asked by Justice Kagan whether the question was therefore just a “matter of timing,” Clement pushed back, arguing that such a system would leave out the people whom “Congress very much wanted to capture” to subsidize the costs of insurance: the healthy people who didn’t plan to need health insurance anytime soon and didn’t intend to buy insurance. [read post]
27 Mar 2012, 3:20 pm
RANDY BARNETT: I don't know. [read post]
27 Mar 2012, 2:41 pm
Roberts, Jr., and a majority along with him. [read post]
27 Mar 2012, 2:15 pm
Elections don't matter. [read post]
27 Mar 2012, 1:02 pm
” Notably, Roberts opined otherwise: “I don’t see how we can accept … in this case to say oh, it’s just insurance. [read post]
27 Mar 2012, 12:35 pm
., saying their expressed hatred of law enforcement didn’t amount to conspiracy against the government. [read post]
27 Mar 2012, 11:47 am
Clement: CHIEF JUSTICE ROBERTS: Well, Mr. [read post]
27 Mar 2012, 10:46 am
Clement: CHIEF JUSTICE ROBERTS: Well, Mr. [read post]
27 Mar 2012, 7:58 am
The drinks and marijuana don't hit Mr. [read post]
27 Mar 2012, 5:02 am
Because both parties in this case were in agreement on the AIA issue, the Court appointed attorney Robert Long to argue that the statute does, indeed, apply in this matter. [read post]
26 Mar 2012, 9:21 pm
If it is jurisdictional, it doesn’t matter that the government failed to raise the issue in the court of appeals. [read post]
26 Mar 2012, 9:00 pm
CHIEF JUSTICE ROBERTS: Why didn't Congress call it a tax, then? [read post]
26 Mar 2012, 7:37 pm
The ICT4Peace Foundation recently published The potential and challenges of open data for crisis information management and aid efficiency: A preliminary assessment, a short monograph in large part based on a longer report I wrote on Big and Open data about a month ago. [read post]
