Search for: "Barnett v. Care"
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12 Aug 2011, 4:19 pm
It could say ‘Look, this is an extremely divisive issue — much like the situation in Bush v. [read post]
14 Oct 2010, 11:36 am
(Randy Barnett) Today or tomorrow, we are expecting a ruling on the government’s motion to dismiss the lawsuit against the Patents Protection and Affordable Care Act in Florida district court. [read post]
26 Sep 2015, 10:35 pm
I was very proud to participate in a CAC amicus brief in McDonald v. [read post]
6 Jul 2012, 7:56 pm
After all, everyone knows the peyote case — Employment Division v. [read post]
21 Sep 2012, 4:03 am
Barnett v. [read post]
7 Mar 2015, 10:15 am
Like Randy Barnett, I don’t have any strong opinion on the statutory interpretation issues that are at the heart of this case. [read post]
20 Dec 2007, 3:59 am
Thus, while it is clear that a plaintiff-client must prove negligence (i.e., that the defendant-attorney failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by members of the legal community), some cases hold that the negligence must be "the" proximate cause of damages (Britt v Legal Aid Soc., 95 NY2d 443, 446; see e.g. [read post]
23 Sep 2011, 11:22 am
Congress is actually reaching out to mandate activity,” Barnett explained.Barnett argued that the scope of President Obama’s health care plan extends “outside the line that the Supreme Court has previously drawn” in cases such U.S v. [read post]
25 Jun 2015, 1:00 pm
I provide my “instant analysis” of King v. [read post]
24 Sep 2010, 7:40 am
Barnett has written a scholarly article called “Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional. [read post]
3 Jul 2012, 6:41 am
Not only was the Affordable Care Act's mandate upheld, but a majority of the Court reaffirmed its past 75 years of Commerce Clause doctrine, including Wickard v. [read post]
21 Jun 2014, 2:06 pm
Roberts * Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. [read post]
11 Feb 2011, 10:01 pm
[I stressed that this was what President Jackson did when he vetoed the renewal of the second national bank after the Court had upheld it as constitutional in McCulloch v. [read post]
1 Mar 2011, 8:54 am
Wickard v. [read post]
9 Jun 2015, 6:00 am
Or, in the words of John Marshall (with whom I sometimes do agree) in McCulloch v. [read post]
13 May 2011, 11:59 am
(See Randy Barnett's report of the exchange here.)Katyal said he needed a bit of time to think about it, but ultimately said two things: first, the individual mandate regulates activity in the entire health care market; and second, Congress can reach inactivity under the Necessary and Proper Clause. [read post]
27 Sep 2011, 1:04 pm
(Randy Barnett) Last Friday, I attended the oral argument in the Seven-Sky v. [read post]
7 Jul 2019, 9:40 pm
[Understanding NFIB v. [read post]
8 Apr 2012, 10:18 am
The legitimacy of judicial review was settled more than 200 years ago in the landmark case Marbury v. [read post]
16 Sep 2013, 1:11 pm
I think this breakdown echoes what Randy Barnett has referred to as judicial conservatives v. constitutional conservatives. [read post]